So, it appears this story where photographer Lane Hartwell asked YouTube to remove a video, created by The Richter Scales, under a DMCA take down order is not going to get resolved quietly. I think they could have paid her a fee and removed the image and gotten on with their lives, but we shall find out in the coming days when she posts her side of the story.
Uber blogger Michael Arrington over at TechCrunch decided to make it front page news (here) with the same laughable fair use defense those Richter Scales tried but if you read through the lines it seems to be more of a case that a video everyone liked and Michael was featured in is not longer available and he’s pissed-off about it.
Michael ends his post with this Web 2.0 fairy tale:
Societal ideals around what constitutes ownership over art are changing. People who try to protect and silo off their work are simply being ignored. Those that embrace the community, and give back to it not only allowing but asking for their work to be mashed up, re-used and otherwise embraced are being rewarded with attention. At the core is a basic implicit understanding – if you want to be part of the community, you have to give back to it, too.
Dude, are you drunk? Content is king. People who steal work to mash it up and don’t attribute or pay their sources are dicks.
A cursory reading of the comments shows the usual dreck like “it’s the internet, get over it” or “your photos suck why would you care” or even better “it’s an awesome marketing opportunity that you should have taken advantage of.”
Here are a few of the better comments:
We shouldn’t be clamoring for such an erosion of ownership rights just because we all loved the end result. Permission is everything!
Er Mike, aren’t you supposed to be a lawyer? Grab a clue, man.
Those who can, create. Those who can’t, steal.
The whole “you shouldn’t post your work on the Internet if you don’t want it stolen” argument seems like a path to a pretty depressing society. If you don’t want your wallet stolen, don’t carry it with you. If you don’t want your car broken-into, don’t park it on the street. If you don’t want your house burglarized then don’t have windows…
[…]Here, we all gain when artists put their work on the Internet. We can view their work from thousands of miles away and gain an appreciation for it. She can sell prints, I can send her feedback, etc. Everybody ends up happier.
The general public’s misunderstanding of copyright is not what’s disturbing here, it’s that influential bloggers like Michael and Robert Scoble (here), who should be leading by example, seem to think we should throw it out the window in favor of some type of web 2.0 community empowerment. I just don’t see the upside for anyone when the original creator of a work cannot be found.
Update: Lane Hartwell statement (here). Here’s a highlight:
The band did not remove the image from the video when I brought it to their attention and instead they told me they had the right to use it. They could have easily apologized, removed the video from YouTube and re-edited without my image and reposted.
Photography is my livelihood. It’s how I pay my bills. I’m not treating the band any differently than any other group that uses my work without my permission.