A while back, I noticed that the Houston Chronicle had ripped off one of my Flickr photos for their web site. They had credited me, but had used my photo in a way that violated its non-commericial Creative Commons license. I posted about it, and didn’t have much hope that I’d ever get anything resembling satisfaction. It’s been resolved, or as resolved as it ever will be. I’ve been meaning to post something about it, but have been waiting… really, waiting and hoping that something else would unfold to make me feel better about how it had gone. In the end, I got connected with Dean Betz, the Chron.com Director of Content, and he told me:
It’s no surprise what I found; a well-intentioned producer, hoping to help illustrate an interesting story but not sufficiently trained in the appropriate use of Flickr, used your image not licensed for commercial use on our clearly commercial Web site.
That’s partly my fault in not giving better direction to our staff on Creative Commons. We’ve used this as a “teaching moment” to improve our training to staffers, and I very much appreciate your pointing this out.
We’ve removed that photo from our site, but by way of remedy, I’d like to offer to pay you our standard one-use fee of [none of your dang business] per image. I’d like suggest that I post a followup message to your blog with my mea culpa on not giving sufficient direction to our producers on Flickr and Creative Commons, and that we’ve taken remedies to close the gap.
I had been not anticipated much in the way of a response at all from the Chronicle, so this was all a pleasant surprise:
I’m a little guy and they’re pretty big. I can get up on my hind legs and complain. But I doubt they’ll pay attention to me. And besides, this particular violation of my rights is relevant to the world (and, really, me) for only the next few hours, until this cycles off their front page. And then it’s just something that happened that’s easy for them (and me) to ignore.
In the end, it took a bunch of follow-ups with Dean (Gmail counds 18 emails in that thread, back-and-forth), several versions of an invoice, and just plain a lot of patience, but I got a (token) payment for the use of my image, a vague promise that some education had happened in the newsroom, and no deeper explanation than what I posted from Dean above. I appreciate the payment. I appreciate the promise that education was happening… but the work to get all that was, in the end, much more than it was really worth.
I think that all of this goes to highlight the difficulty of working with intellectual property law in general: there’s a huge imbalance in terms of the amount of effort required for small fry like me and a major publisher to track down and combat the theft of their work. Nothing that the Chronicle asked of me in return for payment was excessive (it was all normal stuff that outside contractors have to do if they want to get paid by a corporation — but I feel like a sucker now that they have my social security number), but every additional effort that I had to make to obtain redress was increasingly less worthwhile for me. If I had to do this regularly, I would be the world’s grumpiest human being. There ain’t no such thing as a free lunch, and, it turns out (and I had already known this intellectually), there’s no such thing as redress without real effort (and now I really get it). Nobody’s gonna make it right to you unless you hold their feet to the fire. And I was dealing with nice people who meant well at a decently reputable company; it was still a hassle.
Would I raise my tiny fists and shout into the whirlwind in vain again in a similar situation? Probably. And I’ve got some new thoughts on how to do it — next time I can shortcut some of the email back and forth by just leading off with an attached invoice. And an invoice for an amount that I think is fair (now that I have something resembling a ballpark figure: more than the Chronicle paid me). But I hate how whiny and bitchy it makes me feel. Having the fact that I’m the little guy rammed home makes me feel even littler than before.
