bluno.org occasionally fully formed thoughts by bernie mcginn

i got a tweet on the way to lunch

I don’t often write about workstuff on this little blog, but since this story has roots in ’social media’, I think it’s worth continuing here.

Yesterday, as I was leaving the office for lunch, a tweet comes through from Scott Beale/Laughingsquid. I follow Scott on Twitter (sent to my phone via SMS), have his blog in my ‘Daily reads’ category in google reader, and enjoy his shared items from Google reader.

I normally enjoy all of these streams of communication, but this time my heart sank as I looked at my phone:
CNET uses @maidelba photos without attribution [via @lanehartwell]

“Uh oh.”

The tweet linked to a flickr page titled posted to Lane Hartwell’s Flickr account titled ‘Another day, another photo stolen‘ (title since revised).

I immediately turned around and went to the newsroom to let folks know there was a problem.

(I’ll take this opportunity to say that the people in the CNET News.com newsroom are some of the most highly dedicated, professional folks I’ve had the opportunity to work with. I’ve seen them work under some serious circumstances. Top-notch. Every one.)

Apparently, a photo by Mitchell Aidelbaum which we had permission to use in a photo gallery earlier in the year, was reposted in one of the prominent featured stories slots on our home page.

The editors quickly went to work to correct the problem, and jumped into the discussion at the thread on Flickr to help explain and clarify to the community what happened, and to reiterate that we take copyright issues very seriously.

Lane later went to “make an apology of sorts” and changed the title of the thread at Flickr to read “CNET uses photo without giving attribution”.

So, the system worked! Right?

Well…

For me, the upside was the first meaningful use of twitter beyond trying to call ‘first’ after an earthquake, or learning about Merlin Mann’s love for the song ‘Ceremony’, of course.

More on the upside: The thread produced some really good discussion about issues regarding the Creative Commons license, and showed that we’re responsive and thoughtful where it comes to copyright concerns.

The downside?

It’s hard to get around the fact the the early discussion branded my co-workers as being wanton copyright tramplers. And there is is no opportunity to go back and revise the title of the related item on Digg (1700+ diggs strong at this writing): CNET Caught Stealing A Photo Without Permission.

Even the discussion thread and image posted to Flickr continues to sport the tag ‘image theft‘.

Anyone following along to the last gasps of the Flickr thread will come to a fuller picture, I think. But how many of those 1700 Digg users, or 45,000+ Flickr thread viewers have done so?

From what I’ve seen, photographers are routinely burned and are right to be sensitive and protective of their works and copyrights. But it’s unfortunate in this case that we were not afforded any benefit of the doubt. Even more unfortunate that some people appear to take such enjoyment from our unintentional missteps, regardless of our efforts to make quick and transparent steps to correct the situation.


1 Comment

Hi there,

Scott Beale sent me this link today and I just wanted to say I have issued another comment/apology on my flickr stream and removed the tag “image theft” from the post.

My comment at flickr, here:

“i’m going to jump into the fray here again.

i do want to personally apologize to CNET for not looking more deeply into this before posting about it.

Mitch came to me and told me his image had been stolen. We discussed it and I offered to post about it. My reason for doing so was part of a bigger discussion that several people within the community are having about how to combat image theft and people using work without attribution and so on. The idea of “outing” the offenders has been a popular one. So, I tried it. I had no idea at the time that it would spread in the way it did and become such a huge story.

When Mitch realized after the fact that he had once allowed CNET to use the image, my heart sank a little. Not that I wanted CNET to be guilty of stealing images, but rather that I had acted on incomplete information and it made all of us look stupid and our concerns insignificant. Which, they aren’t. Having our images stolen/taken/used without our permission happens alot. I’ve been in e-mail discussions recently with a photographer whose photos are being used without permission and attribution, and he is now considering legal action against a site because they will not remove his images and also are refusing to provide an address where he can invoice them. I know about this because the same site stole my images a few months ago and I had to go after them to have them removed. They removed mine only because i painstakingly pointed out each and every image of mine. This took hours of time that I will never get back, that I will never be paid for.

What I’m trying to say here is that we do have a real problem, this wasn’t a good example of it to “out” an offender with.

However, it has brought attention to some issues and may help change things on both ends. Who knew that CC Licenses were permanent? Flickr sure doesn’t tell you when you choose that option. And while CNET didn’t steal the image in question, they also didn’t abide by the terms of the CC License by crediting Mitch the second time they used it. So both Mitch and CNET broke the rules. CNET will be more careful in the future and so will Mitch. This is a good thing.

I still like the idea of outing offenders, and maybe I should start with the site that is refusing to take down the images of a fellow photographer after he has repeatedly requested that they do so. His only recourse is legal action now. But they are no CNET, so maybe no one will care.

Again, I regret acting on incomplete information and accusing CNET of theft. I appreciate them addressing the issue so promptly and publicly.”

Posted by Lane Hartwell on 9 November 2007 @ 2am

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