Well-known journalism commentator Jim Romesko got snagged with a cease and desist letter from the New York Daily News, and writes about it here.
Like many others, Romenesko used the Daily News’ photo of Alec Baldwin when writing about the incident between Baldwin and their photographer earlier this week.
The blogger complied with the publication’s request, which was to instead use a watermarked image that was provided with the cease and desist letter, but I’m not sure that he entirely got the point. In his post, he commented that “just out of curiosity, did you get ABC’s permission to post these photos? Or did you do as I did with your photo, which is give credit.”
While I have no idea whether TNDN was authorized to use the ABC photos (newspapers license work all the time, so I have no reason to think that they didn’t), what I do know is that any newspaper, or blogger, who thinks that they are complying with copyright law as long as they “give credit” lacks understanding of copyright law.
Some have asked whether Romesko’s use might qualify as fair use, and the answer is no. He was not commenting on the photo, he was commenting on the events in the photo. Which makes it no different than any other news photo use. Commentary on the photo would be “look at the dexterity and skill and quick response the photographer taking this picture must have had to catch this moment.”
Kudos to the Daily News for asserting their copyright and hopefully Romenesko will get permission next time he wants to use a photo. Frankly he got let off the hook pretty easily compared to some. After all, it’s what keeps the industry that he reports on in business.