Unfair dealings with Un Fairfax
This is a new addition to my website where I aim to name and shame those large media organizations who should know better and behave better, they have the incredible bare faced cheek to sit in the comfort of their office and surf the internet with impunity, stealing by the way of illegal downloading, other peoples footage, often shot at great cost and risk by freelance camera people, and re using it on their own websites or broadcasting on television such footage without asking, without even crediting the person they have stolen the footage from. Then when these people are challenged they hide behind a blizzard of legal letters mentioning such things as "fair dealing" , "in the public domain" "we only stole a small amount" These morons usually have vast copyright information of their own on their respective websites threatening fire and brimstone against any "violators" but think nothing of the rampant theft of other peoples work.
Well, I ve had enough and below you will see how Stuff.co.NZ behave when they are challenged, I am inviting others who have had similar experiences with Fairfax or Stuff to contact me . Geoff Mackley
Subject: Unauthorized use of footage on Stuff website
Hi there, to whom it may concern, who should I send the bill to for the unauthorized theft, and use of, 144 seconds of my Ruapehu volcano footage. Regards Geoff Mackley
http://www.stuff.co.nz/science/4849208/Mt-Ruapehu-shows-signs-of-elevated-unrest>http://www.stuff.co.nz/science/4849208/Mt-Ruapehu-shows-signs-of-elevated-unrest
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Geoff,
As I indicated, it is our policy to embed YouTube code rather than run it through it our own player. This wasn't done in this case and it was for that reason I apologised.
However, the use of the footage was inside a relevant news story and a small clip was used for a very limited time; this use falls within the fair dealing guidelines and is not an infringement of your copyright.
I'd hope you understand the situation and that we can look to work together in a more appropriate way in the future.
Regards,
Mark.
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Hi, the downloading of the footage from You Tube in itself is theft, using a downloading tool, because something is on You Tube does not mean it can be taken, no more than by leaving my car on the street means taking it is ok... I am constantly and continuously having my hard won footage used in this way, and I am about to launch legal action on every single broadcaster who is doing this, even before doing this several large broadcasters have conceded that they cant do this and paid for the footage taken , as I was not even asked there will be a fee, that footage is worth around $20 US per second x 144 seconds, regards Geoff Mackley
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Subject: Unauthorized use of footage on Stuff website
Geoff,
Firstly, can I apologise for the way this footage was used.
It is Stuff policy to embed YouTube material if the channel allows, rather than use it within our own player.
There are times when we will use a part of footage within a wider produced video story, but it would be appropriately credited and proper protocols - including fair dealing guidelines - would be followed.
This footage has quickly been removed from the Stuff player in its current form.
Please feel free to contact me direct should you need to.
Regards,
Mark Stevens
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Hi Geoff,
I'm sorry you feel your last email was ignored. In my reply to your email, I explained that the footage was inside a relevant news story and that a small clip was used for a very limited time. That use fell within fair dealing guidelines and was not an infringement on your copyright.
Regards, Mark.
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Subject: RE: Unauthorized use of footage on Stuff website
Hi there, just checking up on this footage theft from some time back, legal advice clearly suggests the footage was stolen off You Tube using an illegal downloading tool, I had invoiced you for a modest amount some time back but you have ignored it, the full price is 144 seconds x $20 USD = US$2880.
Regards Geoff Mackley.
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Geoff,
As I indicated, it is our policy to embed YouTube code rather than run it through it our own player. This wasn't done in this case and it was for that reason I apologised.
However, the use of the footage was inside a relevant news story and a small clip was used for a very limited time; this use falls within the fair dealing guidelines and is not an infringement of your copyright.
I'd hope you understand the situation and that we can look to work together in a more appropriate way in the future.
Regards, Mark.
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28 November 2011-11-28
Mark, you know, and I know, the legal definition of "fair dealing" I have had legal advice on this, legal advice that resulted in every similar incident in Australia being resolved in my favour. Now I am focusing on NZ.
1) Fair dealing doesn’t cover using material shot 14 years ago without permission to illustrate a current story.
2) 144 seconds is not a "small clip"
3) It was only used for a "very short time" because it was bought to my attention and I complained.
4) And most importantly, you took this material off You Tube, contrary to what you might think You Tube is not a "free for all", the existence of material on You Tube does not mean it is there for the taking any more than leaving my car on the street means anyone can take it. You could have provided a link to the clip and I don’t believe for a moment that the downloading of it from You Tube and reloading to your site was an "accident"
I have written confirmation from You Tube stating that they do NOT own any of the footage on their site, they do NOT provide or sanction any downloading tool or software and do NOT see any legal way the material could go from You Tube to your website. This really amounts to theft, something which legal representatives of several big Australian networks eventually admitted after trying to use such excuses as "fair dealing" "in the public domain" etc.
It never fails to amaze me how big, supposedly reputable news organizations try and justify the blatant theft of the work of freelancers who often take great risks and at their own cost, capture amazing images.
As a last resort letters will be sent to Fairfax management and if this fails to produce a result then legal action will be taken.
Geoff Mackley
Key words
stuff .co.nz stuff Fairfax Fairfax Digital illegal downloads off You Tube theft of intellectual property "fair dealing" "in the public domain"irlfriend at her workplace 21 Sept 1999