Comments on: The death of journalism http://faduda.ie/200-words/the-death-of-journalism Gerard Cunningham writes 200 words at a time Wed, 08 Feb 2012 05:57:36 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Gerard Cunningham http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4994 Gerard Cunningham Fri, 26 Mar 2010 18:42:47 +0000 http://faduda.ie/?p=2089#comment-4994 @Brian, Part of my problem is, I'm not sure who is at fault. Let's assume that I sell a story to Company A, and it appears on the website of Company B. Maybe Company B cut and pasted the story, in which case they are at fault. But maybe Company A sold on the story, either not knowing or not caring that they had no right to do so, and Company B is innocent. To date, I haven't established which is the case, despite several attempts to contact the relevant people in both Company A and Company B. On the courts in general, like I say its a bit of a lottery. The district courts can be fruitful, but are usually pretty well covered by the local provincial press. The provincial circuit courts are neglected, but not always profitable. Who is able to spend two weeks covering a trial on a minor drugs charge, when the payoff is four or five pars on page 17? That said, the guilty pleas can provide decent stories on occasion. @Brian,

Part of my problem is, I’m not sure who is at fault. Let’s assume that I sell a story to Company A, and it appears on the website of Company B. Maybe Company B cut and pasted the story, in which case they are at fault. But maybe Company A sold on the story, either not knowing or not caring that they had no right to do so, and Company B is innocent. To date, I haven’t established which is the case, despite several attempts to contact the relevant people in both Company A and Company B.

On the courts in general, like I say its a bit of a lottery. The district courts can be fruitful, but are usually pretty well covered by the local provincial press. The provincial circuit courts are neglected, but not always profitable. Who is able to spend two weeks covering a trial on a minor drugs charge, when the payoff is four or five pars on page 17? That said, the guilty pleas can provide decent stories on occasion.

]]> By: Brian Foley http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4992 Brian Foley Fri, 26 Mar 2010 17:49:23 +0000 http://faduda.ie/?p=2089#comment-4992 Hi, Great story but depressing outcome about the cut and paste merchants. Brian Hi,

Great story but depressing outcome about the cut and paste merchants.

Brian

]]> By: Gerard Cunningham http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4991 Gerard Cunningham Fri, 26 Mar 2010 17:40:06 +0000 http://faduda.ie/?p=2089#comment-4991 So, I sent off letters to the offending websites, pointing out my ownership of the story they had republished, invoicing details, all that good stuff. Update: The amateur blogs have removed my story, thus acknowledging their error. The professional news websites have ignored my communications. And the mainstream media complains about the reckless disregard for copyright on the web? So, I sent off letters to the offending websites, pointing out my ownership of the story they had republished, invoicing details, all that good stuff.
Update: The amateur blogs have removed my story, thus acknowledging their error. The professional news websites have ignored my communications.

And the mainstream media complains about the reckless disregard for copyright on the web?

]]> By: Gerard Cunningham http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4743 Gerard Cunningham Wed, 03 Mar 2010 01:28:27 +0000 http://faduda.ie/?p=2089#comment-4743 @Mark, There's still the itsy-bitsy problem of me being in Ireland, and having to go through a US court. Plus I'm not sure if the person I need to complain against is the US web publisher, or an Irish company which mistakenly sold on the story without my consent. @Mark, There’s still the itsy-bitsy problem of me being in Ireland, and having to go through a US court. Plus I’m not sure if the person I need to complain against is the US web publisher, or an Irish company which mistakenly sold on the story without my consent.

]]> By: Mark Devlin http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4741 Mark Devlin Wed, 03 Mar 2010 00:55:21 +0000 http://faduda.ie/?p=2089#comment-4741 Not really my field, Ger, so I'd be ill-suited to recommend any names. But if the matter is as open and shut as you describe, the lawyer should have little risk. I don't imagine you registered the copyright with the US Library of Congress - not needed to establish copyright, but needed to have the option of demanding statutory damages and payment of attorneys' fees by the infringer - so you'd be limited under US law to recovering your own damages (could be hard to prove) and confiscating the infringer's profits from the publication that infringed your rights (should be as much a cakewalk as these things ever are). Not really my field, Ger, so I’d be ill-suited to recommend any names. But if the matter is as open and shut as you describe, the lawyer should have little risk. I don’t imagine you registered the copyright with the US Library of Congress – not needed to establish copyright, but needed to have the option of demanding statutory damages and payment of attorneys’ fees by the infringer – so you’d be limited under US law to recovering your own damages (could be hard to prove) and confiscating the infringer’s profits from the publication that infringed your rights (should be as much a cakewalk as these things ever are).

]]> By: faduda http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4720 faduda Sun, 28 Feb 2010 11:38:32 +0000 http://faduda.ie/?p=2089#comment-4720 Mark, if you want to tell me where I can find a lawyer willing to take the risk of suing a news magazine based in New York, I'd be glad to take your advice. Paul, I have no argument with what the judge said. I have an issue with the fact that my copyright was not respected. Allan, part of the problem is I'm not sure where the blame lies. I suspect that in more than one case, the newspaper assumed they had the right to sell on the story to other outlets, despite the fact it was clearly identified as '© Gerard Cunningham'. Or they may simply not have noticed or cared. Mark, if you want to tell me where I can find a lawyer willing to take the risk of suing a news magazine based in New York, I’d be glad to take your advice.
Paul, I have no argument with what the judge said. I have an issue with the fact that my copyright was not respected.
Allan, part of the problem is I’m not sure where the blame lies. I suspect that in more than one case, the newspaper assumed they had the right to sell on the story to other outlets, despite the fact it was clearly identified as ‘© Gerard Cunningham’. Or they may simply not have noticed or cared.

]]> By: Paul Carr http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4717 Paul Carr Sun, 28 Feb 2010 06:10:17 +0000 http://faduda.ie/?p=2089#comment-4717 In relation to your original article, isn't it possible the judge just made a casual off-hand remark and that it had no bearing on whatever sentence he finally delivered? I'm sure judges are entitled to make an occasional quip or two. In relation to your original article, isn’t it possible the judge just made a casual off-hand remark and that it had no bearing on whatever sentence he finally delivered? I’m sure judges are entitled to make an occasional quip or two.

]]> By: Mark Devlin http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4714 Mark Devlin Sun, 28 Feb 2010 00:37:12 +0000 http://faduda.ie/?p=2089#comment-4714 This might be a naive question (ironically naive, given my profession, though only superficially so), but would you not consider suing the bastards? Esp. in the US&A, copyright law is severe (too severe in some ways), and a contigency fee arrangement ethically acceptable. This might be a naive question (ironically naive, given my profession, though only superficially so), but would you not consider suing the bastards? Esp. in the US&A, copyright law is severe (too severe in some ways), and a contigency fee arrangement ethically acceptable.

]]> By: Allan Cavanagh http://faduda.ie/200-words/the-death-of-journalism/comment-page-1#comment-4706 Allan Cavanagh Sat, 27 Feb 2010 12:15:06 +0000 http://faduda.ie/?p=2089#comment-4706 Name and shame, and keep on naming and shaming. Name and shame, and keep on naming and shaming.

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