UPDATE – thanks to Vicki in the comments (Nov 11): Dave Belanger has responded to Suzanne, reinstating the image on their website with a credit and link, and offering to pay. However, he has refused to pay the amount requested by Suzanne, and Suzanne is now planning to take the magazine to court. Her reasoning is admirable, and it’s fair to say that contributions of commenters have helped her to make a well-informed stance:
“Countryside Publications is a five million dollar company. He accused me of being opportunistic by asking for an increased fee for the unauthorized and uncredited use.
“This is not about money. I may never see the $2100. If I do, it will be a long time from now. If I wanted to make a quick buck, I’d take the $500 [offered]. (I could use it.) But if I let him not only steal the photo but pay no penalty for it, there’s no reason for him to not steal again. After all, what did it cost him? He can steal photos all he wants and only pay for them (at a price he sets) if he’s caught. Just who is opportunistic? He published my photo without authorization or credit then says, here, take $500 or NOTHING.”
There’s also some detail about the possible impact on the publishers from Internet users:
“P.S. He mentioned receiving phone calls and emails from my readers and said he was not concerned about it. He admitted there had also been some subscription cancellations, but that people cancelled subscriptions and started subscriptions every day and that he had no reason to believe any subscription cancellations were related to his treatment of my work.”
The original post:
Oh dear. It appears another magazine editor is about to feel the force of a thousand emails following a blogger’s complaint of breach of copyright and – more importantly – said editor’s response to their request for fair payment and acknowledgement of authorship.
The editor in question is Dave Belanger who – apparently – hung up on Suzanne McMinn when she called to ask that her photo – used in Dairy Goat Journal – was properly credited.
It’s barely 24 hours since the Cooks Source/Judith Griggs saga blew up, but so much has happened in that time that I thought it worth reflecting on how other publishers might handle a similar situation.
Although it’s an extreme example, the story has particular relevance to those publications that rely on Facebook or another web presence to publish material online and communicate with readers, and might at some point face a backlash on that platform.
In the case of Cooks Source, their Facebook page went from 100 ‘likes’ to over 3,000, as people ‘liked’ the page in order to post a critical comment (given the huge numbers of comments it’s fair to say there were many more people who un-‘liked’ the page as soon as their comment was posted). The first question that many publishers looking at this might ask is defensive:
Should you have a Facebook page at all?
It would be easy to take the Cooks Source case as an indication that you shouldn’t have a Facebook page at all – on the basis that it might become hijacked by your critics or enemies. Or that if you do create a page you should do so in a way that does not allow postings to the wall.
The problem with this approach is that it misunderstands the fundamental shift in power between publisher and reader. Just as Monica Gaudio was able to tell the world about Judith’s cavalier attitude to copyright, not having a Facebook page (or blog, etc.) for your publication doesn’t prevent one existing at all.
In fact, if you don’t set up a space where your readers can communicate with you and each other, it’s likely that they’ll set one up themselves – and that introduces further problems.
If you don’t have a presence online, someone else will create a fake one to attack you with
After people heard about the Cooks Source story, it wasn’t long before some took the opportunity to set up fakeTwitter accounts and a Facebook user account in Judith’s name. (UPDATE: Someone has registered JudithGriggs.com and pointed it at the Wikipedia entry for ‘public domain’, while a further Cooks Source Facebook page has been set up claiming that the original was “hacked”)
These were used in various ways: to make information available (the Twitter account biography featured Judith’s phone number and email); to satirise Judith’s actions through mock-updates; and to tease easily-annoyed Facebook posters into angry responses.
Some people’s responses on Facebook to the ‘fake’ Judith suggested they did not realise that she was not the real thing, which leads to the next point.
A passive presence isn’t enough – be active
Judith obviously did have a Facebook account, but it was her slowness to respond to the critics that allowed others to impersonate her.
Indeed, it was several hours before Judith Griggs made any response on the Facebook page, and when she did (assuming it is genuine – see comments below) it was through the page’s welcoming message – in other words, it was a broadcast.
This might be understandable given the unmanageable volume of comments that had been posted by this time – but her message was also therefore easily missed in the depths of the conversation, and it meant that the ‘fake’ Judith was able to continue to impersonate her in responses to those messages.
One way to focus her actions in a meaningful way might have been to do a ‘Find’ on “Griggs” and respond there to clarify that this person was an imposter.
Instead, by being passive Judith created a vacuum. The activity that filled that vacuum led in all directions, including investigating the magazine more broadly and contacting advertisers and stockists.
Climb down quickly and unreservedly
While being passive can create a vacuum, being active can – if not done in a considered way – also simply add fuel to the fire.
The message that Judith eventually posted did just that. “I did apologise to Monica via email, but aparently [sic] it wasnt enough for her,” she wrote, before saying “You did find a way to get your “pound of flesh…””.
This “blaming the victim”, as one wall poster described it, compounded the situation and merely confirmed Judith’s misunderstanding of the anger directed at her.
An apology clearly wasn’t what people wanted – or at least, not this sort of reserved apology.
A quicker, fuller response that demonstrated an understanding of her community would have made an enormous difference in channeling the energy that people poured into what became an increasingly aggressive campaign.
UPDATE (Nov 9): As of a few hours ago Cooks Source appear to have published an official statement which includes a more fullsome apology. The statement doesn’t help, however, partly because it doesn’t address the key issues raised by critics about where it gets content and images from, partly because its sense of priorities doesn’t match those of its audience (the apology comes quite late in the statement), and partly because it is internally inconsistent. Commenters on the Facebook page and blogs have already picked these apart.
Even if Judith had shut down the Facebook page (not a good idea – it would have merely added further fuel to the fire), the discussion – which had now become a campaign and investigation – was taking place elsewhere. Engaging in that in a positive way might have helped.
A magazine is not just content
One of the key principles demonstrated by the whole affair is that magazines are about much more than just the content inside, but about the community around it, and their values. This is what advertisers are buying into. When I asked one of Cooks Source’s advertisers why they decided to withdraw their support, this is what they said:
“I would estimate that between the emails, [Facebook] messages, calls, and people following us on Twitter, we’ve been contacted by more than 100 people since I first heard of this about 5 hours ago. That doesn’t include many many people who commented on fb to our posts stating that we had requested to pull our ads from the publication. We are just simply trying to run our small business, which by most standards is still in its infancy, and being associated with publications like this that don’t respect its readers (who are all our potential customers) is unacceptable to us in light of their practices. What angers me even more is the fact that it is being made light if by the Editor herself. It is disrupting our business and linking us to something we do not support.”
UPDATE 7: The official Cooks Source webpage now features a rather confusing statement on the saga, apologising to Monica Gaudio and saying they have made the donation asked for. The page claims that their Facebook page was “cancelled” and “since hacked”. It’s not clear what they mean by these terms as the original Facebook page is still up and, clearly, could not be hacked if it had been “cancelled”. They may be referring to the duplicate Facebook page which also claims (falsely) the original was “hacked”. In addition the statement says they have “cancelled” their website – but as the statement is published on their website it may be that by “cancelled” they mean all previous content has been removed. This discussion thread picks out further inconsistencies and omissions.
UPDATE 5: The magazine’s Facebook page has now been updated with a message from editor Judith saying she “did apologise” but “apparently it wasn’t enough for her”, shown below:
For much of today people have been tweeting and blogging about the magazine editor with 30 years’ experience demonstrating a by now familiar misunderstanding of copyright law and the ‘public domain’.
To the writer whose material they used without permission she apparently responded that “the web is considered “public domain” and you should be happy we just didn’t “lift” your whole article and put someone else’s name on it!”
What makes this of particular interest is how the affair has blown up not just across Twitter and Reddit but on the magazine’s own Facebook page, demonstrating how this sort of mistake can impact very directly on your own readers – and stockists and advertisers:
Meanwhile, others were suggesting investigating the magazine further:
It all adds up to a perfect lesson for magazine editors – not just in copyright, but in PR and community management.
Online Journalism Blog 