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Flogging content
By Steven | April 26, 2010
RNZ’s Mediawatch this week looked at the ethics of the media’s practice of drawing content, including pictures, from social networking sites. Host Colin Peacock mentioned a Herald on Sunday article that pulled material from a car accident victim’s Facebook site, including a photo of him, adding:
Like many people using the social networking websites these days, the victim in this case had chosen not to restrict access to the material he posted on Facebook, so there was nothing to stop any journalist looking at it or putting it in their stories.
It’s true that journalists can draw information from such sites, and it’s often good reporting. But it’s not true that there’s nothing to stop them putting the photos in their stories. This will almost always be a breach of copyright, unless the copyright owner’s permission is obtained first. Open access settings on Facebook do not change that basic rule. (True, there’s an emerging public interest defence to breach of copyright – and that’s a welcome development, I think – but it’s rather tenuous at the moment, and at its best will still demand legitimate public concern in the photo itself, a standard which won’t often be satisfied).
Stuff’s social media editor Greer McDonald was interviewed. She said, at various points, that “where possible” they seek permission for the use of such material, and that “on all occasions we seek permission”. She also gave an example of a particular situation where they hadn’t: she didn’t imagine anyone sought permission from the family of murdered Scottish backpacker Karen Aim before using travel photos from her Bebo profile – this “added to the story in a way that wasn’t negative”. Well, maybe. The family, who owned the rights to those photos, may conceivably have taken a different view. (McDonald did note that families were often happy to provide permission in such circumstances, though).
I have heard of situations where media organisations, including Fairfax, have used people’s photos without seeking permission first. I suspect it’s fairly common. If someone objects, they’ll offer them something (maybe a couple of hundred dollars or so). If the copyright owner won’t deal, they’ll probably just take it down. The copyright owner could sue for the brief use of the photo without permission, but who’s going to bother?
Topics: Copyright, Media ethics | Comments Off on Flogging content