A new meaning to blogrolled

Maybe some bloggers would be thrilled and flattered to pick up a national newspaper and discover that one of their posts -- or at least 60 per cent of it, just enough to distort the essence of it -- was reprinted, without payment or even permission.

Not so the folks at Spacing Wire, a blog about public space issues in the big city.

Imagine their surprise when a post about World Cup fever by Shawn Micallef was, not to put too fine a point on it, ripped off by the National Post last week.

Here's the original and here's how the Post used it. There's quite a difference in tone.

According to  Spacing publisher & creative director Matthew Blackett today (emphasis is mine):

(T)he piece focused on ethnicity, and the National Post is not regarded as a highly enlightened publication when it comes to immigrant issues or multiculturalism. A piece like this deserves to be printed in its entirety (not just 60%) so that the author’s arguments can been fully realized. Shawn had originally quoted text from John Barber, a Globe and Mail columnist and a National Post competitor. The quotes from Barber played an integral role in shaping Shawn’s Spacing Wire post. But the National Post removed Barber’s words which dramatically warped Shawn’s point-of-view. To add insult to injury, Shawn is a frequent contributor to the Globe and Mail and has consciously decided not to have anything to do with the National Post. (Shawn said he was just as offended to have appeared on the same page as the SUV-loving, cycling-hating Jacob Richler).

We contacted the National Post and began to work things out. The Toronto editor was apologetic and said it was part of an “experiment” where the Post was using the blog world as a news source. We talked to our media lawyer (luckily, she writes for us too) and were encouraged to hear that we were in a good position to demand a few things. We asked that Shawn be paid more than what he would have received if he was commissioned to write the piece. We also asked for an apology that would appear on page A2 of the paper. Both requests were granted and today the Post published their apology ...

Here's the apology.

An excerpt from an article by Shawn Micallef from Spacing Magazine (spacing.ca/wire) appeared in the National Post of June 29 -- with the headline "Soccer fans play rough" -- without Mr. Micallef's or Spacing's consent, although the byline, credit and Urban Scrawl label implied the author's consent had been granted. The Post apologizes to Mr. Micallef and Spacing Magazine.

This is alarming on many levels. But I will name just two.

First, that bloggers appear to be considered fair game for what, in this instance anyway, was copyright theft infringement. (Joe Clark in the comments says I got it wrong.)

Second, that the Post is now resorting to blogs as a news source. Not that bloggers can't be news sources because, Lord knows, they use the MSM as news sources all the time. Why should it not be a two-way street? That plus bloggers have indeed broken stories. But the Post is doing this without informing readers, not to mention at least one blogger, at the same time as it does not use Canadian Press. (Meanwhile the rest of the CanWest Global chain of papers has served notice that it too plans to drop out of CP.)

The thing is, using bloggers is a great idea. I have been pushing for this at the Star for over a year now. So far, we had Marc Weisblott's Paved but not much more. I have also proposed a webcam-based bloggers' political podcast/show to be hosted by moi. Still waiting on that one.

Anyway, maybe the Post's move is a scheme to get bloggers to buy the paper to see if they made it into the mainstream? Kind of like a loto?

Only you don't get a cent.

Comments

[Mark Bourrie]

But what if you don't want your stuff in the Post on some moral or political ground? It's not just the issue of being paid a word rate. It's a matter of your copyright, and that means your rate to decide where, how much, and how it's used. They can't just take it and make you search through their paper to see if and what they've taken.

[Antonia Z.]

Obviously the Spacing guys had an issue on a socio-type ground, Mark. I agree with you.

The Post was out of line here.

[Robert McClelland]

"The Toronto editor was apologetic and said it was part of an “experiment” where the Post was using the blog world as a news source."

What a lame excuse. Since when is the unauthorized republishing for profit of someone else's work in its entirety considered using it as a news source?

[Joe Clark]

Copyright *infringement*, not copyright "theft." Nothing was “stolen.” That's the vernacular of the habitual liars at record companies and their combines. (I have a copyright lawyer and have received a settlement in an infringement case.)

[Antonia Z.]

Changed!

[Jay Currie]

The Post ran this up the flagpole a few years ago. They wanted to run a "Best of the Blogs" feature. Much the same deal: no money, some credit, they edit. Most of the Canadian bloggers approached said no.

The flea will have more.

(And it is a blatent infringment. Appology and triple word rate would be entirely reasonable.)

[Antonia Z.]

Thanks to Marc Weisblott, there's more

http://westernstandard.blogs.com/shotgun/2004/04/blogging_for_fo.html

http://www.web-books.com/classics/poetry/anthology/Carroll/YouAre.htm

[Jinoole]

"...there are maniacs out in the streets before the games even begin, screaming and baying, seemingly ready to drag ethnic corpses through the streets like Toronto was Mogadishu."

Oh, he is tarnishing my birthplace, Mogadishu, as though 'corpses' were dragged there everyday.

And for the World Cup, I hope France beats the heck out of Italians.

[stephen petherbridge]

well, to follow up Mark Bourrie's comment: the creator of an original work posesses the moral rights to it, not just the copyright. That means it can't be used (hacked to pieces) in a way or context that he/she does not approve of. Hence, Mr Micallef's moral right to the work was infringed.

[sooey]

oh yeah. now i remember why i'm boycotting the ottawa citizen - i'm not in it. and isn't lifting other people's stuff plagiarism? but wow. dudes. it's writing. you're a newspaper. show some respect. PAY FOR IT!!!

[sooey]

moral, schmoral - MONEY FIRST!! EDIT SECOND!!

[David Reevely]

Does the Star pay for the excerpts from other newspapers' editorials it frequently runs on its op-ed pages?

[Antonia Z.]

Good question, David. I just asked our op-ed editor, Jim Atkins. We don't. He says that there's an understanding between papers that this is done. It happens all the time at many papers, with editorial round-ups etc. Don't you guys ever do such a thing at the Ottawa Citizen???

[sooey]

heheh - you should have a snarky question font, ms zerb. AND a pollyanna sunshine answer font.

[Antonia Z.]

Which font should that have been in Sooey?

[sooey]

a sooey font.

[Sony 800]

I remember the last time the Post lifted something from a blog. Remember the Screaming Headline about jews and christians going to have to wear badges in Iran? Comparing it to Nazi Germany? So much for journalistic cred. I guess in all the cost cutting at the Nasty Post the got rid of the fact checking and sourcing dept's.

[David Reevely]

AZ --

We do, but generally only from our sister papers. I can't remember the last time we reprinted something from a non-CanWest, non-public-domain source without asking first. The Star does it all the time with other sources, including the Citizen.

Speaking only for myself, as a writer who wants to be read and doesn't see the financial side, I'm always happy to see those reprints. But what's the technical difference between what the Star does by excerpting other newspapers' editorials and what the Post did by excerpting a blog entry? (Leave aside whether the excerpt was a true representation of the original.) Copying from another newspaper is OK but copying from a blog isn't?

I've been a freelancer and I'm all for paying people for their work, but I don't think it's fair to jump on the Post for the copyright part when "there's an understanding ... that this is done" among established sources of opinion journalism. Lots of bloggers use absurdly long clips of stuff from the newspapers, particularly when it's material from behind a pay wall.

We need a standard for when excerpting without notice or payment is OK and when it's not, that's all. If the standard is the copyright law, just about every outlet -- big papers and small bloggers alike -- violates it.

[Antonia Z.]

Just for the record, I don't speak for the Star.

As for your quoting other CanWest papers, well, that's easy, isn't it, given how many of them there are?

I would think that if the CanWest people had an issue with the Star doing it, the practice would have stopped long ago.

The blogger I talk about in this post was not happy about it. And I acknowledge how bloggers rip off the MSM so many of them disdain, or profess to, all the time.

[Flea]

Jay beat me to the point. This is not the first time the National Post has decided it would be a good idea to run material from a blog and decided it was so good it ought to be free.

[sooey]

good grief. i can't believe anybody in the newpaper business would try to defend this cheap bit o' sleaze. whatever the hell newspapers get up to with each other has nothing to do with the clear fact that in the case of this writer, the natpost... gosh... how can i put this in terms you will understand, david reevely... oh! i know! LEFT THE STORE WITHOUT PAYING FOR THE MERCHANDISE!

[Allen]

Another Saturday morning, borrowed my neighbours Nat. Post. Should'na bothered!! What a waste of trees! Limp writing, fluff articles, even the Financial Post section was weak. Someone shoot it and put us out of it's misery.. PLEASE!

[Brian Finch]

I also have a blog, and find it interesting how desperate to be noticed by other forms of media. I rather write and publish than worry about ego. Having said that, I'm with you on this one. Very bad behaviour on the part of the National Post, but could I expect anything else from the paper than ran the Iran story on how Jews were going to have to wear badges to identify them.

[Bill-Muskoka]

David Reevely,

Once it hits the internet it basically becomes public information.

I, for one, try to provide links whenever a quote is used from a MSM publication, out of courtesy, and a deep sense of not violating the principle of plaguarism.

Other than that, due to the speed with which we can all respond, we are providing a far greater exposure to human thoughts than has previously been possible or known.

Therefore, whereas the public interest for accuracy is of prime concern, reposting other statements becomes a public service, rather than a copyright issue, whereas we do not derive any profits from the opus.

The 'profits are everything' attitude exemplifies precisely what is wrong with our society. Freedom of thought is everything IMHO! Likewise, freedom to dissent and rebutt are of primary importance to maintenance of freedom and democracy!

[handsignals4theblind]

Why does the limited amount of quality on television have to appeal to a more banal element to gain an audience?
Surely the news division of CBC should not be watered down for a redundant reality kareokee talent contest of the ephemeral.
REally does anyone thing any of the winners on AMerican Idol, or Canadian Idol have the charisma, and artistry to generate a long career?--who won the first Canadian Idol?

Reality TV is an oxymoron. It's like CNN showing one of those endless replays of some demonstration in Karachi. If they only would pan the camera wider you would be able to see many more people going about their business and not partaking in the demonstration of burning George Bush effigies

Move the bland talent contest to BAghdad or Beirut and give the North American audience of hyperbole and excess the Culture of Fear news updates we so crave.

RIP Context, Nuance, and Complexity

I mean really as if Hezbollah by any reasonable standard is not a legitimate Resistance movement

Perhaps--Strombo can get the contestants to play---on the eve of destruction or that haunting Vera Lynn refrain in Dr StrangeLove
Wall STreet up--Human Rights down