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Publishing and the Web: Don’t Get Tangled In Copyright Issues

15
May 2009

“We always include copyright information if it is available,” reads the ‘legalese’ at the bottom of one e-zine.

Excuse me? Copyright isn’t something that is or isn’t available. Copyright exists from the moment a body of work is created, and it rests solely with the creator of that work. In order for anyone to reprint or use the creation, they need to ask for and receive permission from the original creator. If you don’t have the permission of the writer or the artist or the photographer, you shouldn’t be reproducing the work.

The publisher of the e-zine in question is misinformed about what copyright means, and it could end up costing him a lot of money in a court of law. This particular publisher is reprinting articles from popular books like “Chicken Soup for the Soul” as well as other e-zines. Even when the original author’s e-mail address is available, the publisher hasn’t tried to contact the author for permission to reprint an article. Instead, this publisher reprints the article, and if a byline is available, he will include it. In other words, every time he publishes an issue of his e-zine, he is violating a law.

Ignorance of the law is not a defense. If you have a Web site or publish an e-zine that includes information (in any form) that hasn’t been created by you, you need to be aware of the laws regarding copyrights, or you could end up paying a hefty price.

Adding Content to Your Site or E-zine

From the time you place your first page on the World Wide Web or from the time you send out your first e-zine, you need to be aware of copyright issues. Copyrights can be confusing, but it is easier (and cheaper) for you to do your homework first rather than having an attorney or a judge teach you about copyrights.

Many assume they know what copyright means and when it is in force, but it is always better to know the facts than to make false assumptions.

Brad Templeton tries to clear up many of the myths surrounding copyrights in his article, (http://www.templetons.com/brad/copymyths.html) 10 Big Myths About Copyright Explained.

Even the big boys of publishing have been known to fumble when it comes to copyrights. Both Contentville.com and iUniverse.com are being investigated by the National Writer’s Union for copyright infringements.

Infringement can and does end up in the courts. In the October 2000 edition of Writer’s Digest magazine (http://www.writersdigest.com), a full page ad carries a legal notice concerning a copyright infringement lawsuit involving The Uncover Company. The full details of the settlement can be viewed at http://www.uncoversettlement.com.

Finding Good Content

One of the best’s way to find good content for your Web site or e-zine is to hire a professional to produce it for you or to produce it yourself. Many Web sites and e-zines, however, are working on a shoestring budget. So rather than hiring or producing original content, publishers rely on reprints. This is where the copyright web begins to tangle around many unsuspecting publishers. To stay out of the Copyright Web, keep these tips in mind:

=> Reprints aren’t always free. Even if the article has appeared in another publication, copyright is still a factor. If you read an article you feel would be an asset to your e-zine or Web site, contact the author or the publication in which it appeared to inquire if the article is available for reprint and under what conditions.

=> Join a list where members post articles available for reprint as long as
certain guidelines are followed. The e-mail group requires publishers to notify authors after publication. Some authors, when posting articles to the list require to be notified in advance of publication, as well as having a copy or URL sent to them after publication. Before using any article from this type of source, you should make sure you are complying with all of the requirements of both the list and the individual author. If you don’t, you could be guilty of copyright infringement.

=> Become familiar with copyright rights and issues. A good source for publishers online and off is Giving Credit and Requesting Permission: Guidelines for Using Material Other Than Your Own. http://www.oreilly.com/oreilly/author/permission

=> Know and understand the difference between Fair Use and Copyright infringement. While you should never reprint an article without permission of the author, you can make references to and quote from an original body of work without the author’s permission. You should give credit to the original source, and you should use a very small portion of the original work. Fair use would allow you to say:

In her article, Never Ever Change A Quote, Linda Sherwood offers writers 10 tips to quoting accurately and effectively.

But it would not allow you to reproduce the article entirely or even a large section of it. To find out more about Copyright and Fair Use go to http://fairuse.stanford.edu.

Everything Has A Cost

Groups offering free articles can offer your publication high quality content at a price you can afford — free. The type of articles offered cover a wide range of interests. The author includes a resource box at the end of the article, which must be published. Most authors require the article and the resource box remain unchanged. The idea is to offer content to publishers and offer promotion to the authors — sort of a “you scratch my back and I’ll scratch yours” kind of arrangement Problems occur, however, when publishers don’t follow the groups and/or author’s guidelines before publishing the article.

Even when articles are offered for “free,” authors are expecting a payment. In the case of groups like “Free to Publish In Yours,” authors are often hoping to promote a product, book, Web site or to gain a published clip. Publishers need to remember to follow through and “pay” the writer by sending them a copy of the finished e-zine or URL.

If a significant amount of time has passed, pertinent information may have changed. The author may have a new book to promote or a new e-mail address. This is another reason why it is a good idea to send the creator of the work a quick e-mail requesting permission before you use their article. By letting them know in advance, you are letting them get the maximum benefit from your publication.

Links as an Alternative

If you can’t afford to pay for content or you can’t figure out who the author or copyright holder is, but you still want to include content you found on another Web site, there is another way. You can provide a link to the content you want that will take your visitors to the original publisher. The downside to this method is once visitors leave your site, they may not return.

Other Resources

To find out even more information about copyrights and the Internet highway, visit these sites:

C rights in e-mail http://www.ivanhoffman.com/derivative.html

Who owns the Copyright in your Web site? By Ivan Hoffman http://www.ivanhoffman.com/website.html

Internet Law Simplified By Ivan Hoffman

http://www.online-magazine.com/copyright.htm

Publishing Laws and Other Articles of Interest

http://www.publaw.com/articles.html

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Power of the Press — Don't Let It Go to Your Head!

12
May 2009

Click. The dead air greeted me across the phone lines. The person on the other end had hung up seconds after I’d uttered the words, “This is Linda Sherwood, I’m a reporter.” I hadn’t even had time to finish my sentence.

Instantly a cold chill went through my body. No! I screamed to myself. I’m not one of those reporters. I quickly hit the redial and as soon as the phone picked up I blurted out what I wanted. It worked. The woman on the other end answered my questions and I felt redeemed. The incident reminded me of what I try to do as a reporter for a small weekly newspaper.

The story behind the click began with a car accident. A head-on collision that sent three children to the hospital in critical condition and killed their parents. The phone call was to the driver of the other vehicle, an elderly man. I didn’t want to know any of the gory details. My newspaper didn’t even print a photo of the accident. It would just hurt too many people in the community for the sake of a cheap thrill by a few. I had called to find out how the man was doing. He had been released from the hospital, but no one could tell me his condition.

Reporting the news is different than other types of freelance writing. You are the agenda maker for your community. You decide what issues to cover. You decide what is newsworthy and what isn’t newsworthy. As a reporter, it is important to keep in mind that you have power. By taking the time to research, write and print a story, you are giving credibility to the issue. You are promoting the issue even if you provide both sides.

When you determine what is newsworthy, you are going to encounter people who will try to persuade you its not newsworthy. Face it, lawyers are probably the only profession that people like less than reporters. People would rather sweep their dirt under the rug than print it in the paper. The mere fact you are covering an issue can change the outcome. It happens all of the time. The words you choose and the facts you include influence your readers and the ultimate outcome.

When you make a phone call in search of information on a story you normally get one of two types of responses. The first is someone eager to have their story told and who gives you all sorts of good information and quotes. The second type of response is someone who doesn’t want the story covered. Who would rather let this be put out with yesterday’s trash. You have to coax and persuade. Sometimes it helps to let people know why you are calling.

The advantage of newspaper reporting is you have time to gather the facts and present accurate information. The downside is you don’t reach as many people as other media like television. When a school district had an upcoming election to build a new school, I wrote several articles over several months covering the issues involved. On the day of the election, the local news station aired a story on the election. In the story, the reporter summarized the election by stating a failure to pass the proposal would result in the school district closing its doors.

By the next broadcast, the television station corrected its mistake. It was too late for many voters, however. The proposal passed, but people were unhappy. They felt they had been mislead and the vote should be redone. They didn’t remember it was the reporter who made the false statement. They remembered who had been interviewed, the school’s superintendent.

After the election, I called the superintendent for comments on the reporter’s mistake. When I called, he suggested I not do a story on it. It was over. He would rather not have an article on it. I persisted. I tried to change his mind so he would cooperate with me. I mentioned the letters to the editor we had already received on the matter. He relented and I interviewed him. The next week, he called me back to thank me. My story had cleared up exactly what had happened.

When you interview people, rather than look for the scoop of the decade, look for accuracy. Take detailed notes. Ask the obvious because it just might not be as obvious as you think. Don’t assume you understand the issue. Tell them what you think you understand and see if you’re right. Let them correct you before it goes into print. By the time it’s printed, its too late. You can correct it with the next issue or the next broadcast, but the damage is done.

The damage can go beyond that story. It effects your credibility. It may be the deciding factor on whether or not someone talks to you again. Do your homework. Make sure you are reporting facts with substance and not assumptions. It will make your sources happier and will make life easier on you the next time you call them as a source.

Words have power. Words influence people. People interpret the same words differently. They bring their own prejudices and beliefs to the article as they read. My advice to beginning reporters, or even to the seasoned veteran, is to choose your words carefully. Words have power and if you misuse them they can haunt you.

Last but not least, I would advise you, no, I would beg you (on my knees, pleading here) don’t be one of those reporters. You make it too hard for the rest of us.

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Your Newspaper Needs A Letters to the Editor Policy

12
May 2009

Letters to the editor of a newspaper is often one of the most popular places for readers. They love to be able to express their opinions and read the opinions of others. It is a place for people to vent and offer alternative views. But without a proper policy, your letter to the editor section can quickly degenerate to a personal agenda forum for one or two people.

Generally, you should print every letter to the editor you receive, as long as it isn’t libelous and follows your paper’s guidelines. That means at times you will be printing letters from people who may have an off-the-wall opinion. “There IS life on Mars,” or “The government is spying on me while I take a shower in my home.” These are extreme examples, but you get the idea.

Letters to the editor CAN get the newspaper in trouble so you want to make sure these items are opinion and not facts. You also want to be careful about double checking facts mentioned in the letter. You should be especially careful of letters that begin, “The following is my opinion….” Usually, this means the letter writer has had an attorney review the letter and the attorney has told them they can’t get in trouble for opinions, but can be sued for false facts. But in the body of the “opinion letter” they mention a lot of facts. There is a clear difference between facts and opinions. Make sure the letter writers aren’t trying to pass facts off as opinions.

Basic policies you may want to consider include:

  • Set word count limits (usually between 350-500 words)
  • All letters to the editor must be signed.
  • Photocopied or faxed letters will not be accepted until original signature is on file with paper.
  • All letters must include an address and phone number of the author for reference purposes (not to be published).
  • Require a parent’s signature for any letter writer younger than 18.
  • Don’t allow graphs, photos or other illustrations to accompany letters.
  • Letters must be signed by original author. If the author asks to not be identified because of the nature of the letter, you still need to know (for record purposes) who wrote the letter. You will probably want to develop a policy about when you will print anonymous letters, or handle it on a case by case basis.
  • Reserve the right to edit all letters.
  • Set a deadline for letters to the editor and don’t make any exceptions.
  • Reserve the right to limit the number of letters published.
  • You may want to limit the number of letters to the editor from one person based on either a time period or subject matter.

    The last item is rather controversial, but it may be necessary. At one newspaper where I worked, one particular person developed an entire media campaign using our letters to the editor forum as a key part of his campaign. He even went so far as to include graphs and tables he wanted printed with his letters. His letters were more of a one-sided news article or advertisement than an opinion letter. By having a policy in place, you can keep your paper from being used in this manner.

    In addition to the basic rules you may want to add special rules for certain times of the year, such as election time. Especially with a weekly newspaper, you shouldn’t print a derogatory letter about a candidate the issue right before an election because it doesn’t give the candidate time to defend themselves. For elections, you may want to decide to set the following policies:

    • Set a deadline two issues before elections for letters regarding candidates or other issues on a ballot.
    • Limit letters published right before an election to be positive in nature, along with candidate rebuttals to any negative comments in order to promote fairness.

    When printing letters to the editor, you want to make sure the person listed as the author is indeed the author. Be particularly careful about letters where a number of people have signed. Often these signatures may be given for petitions, but the people signing never intended for them to be published in the newspaper. Make sure you have original signatures and phone numbers of everyone who signs the letter.

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Protect Yourself and your Integrity

12
May 2009

I have always been a firm believer in taking accurate notes and quotes. I know what I write is accurate, but can I prove it?

An article I had written was being questioned about its accuracy. The article cited legitimate sources saying a mistake of a former government official had caused the public body to lose revenue. Although the information had been take from a public meeting, it was inaccurate.

The loss of revenue wasn’t from the official’s lack of action, but there was definitely a lack of communication.

The paper hadn’t been on the news stands for two hours before I received my first phone call. I was wrong. I was being told I was a terrible reporter.

Well, that was news to me. I went back to my original sources and they still felt the same way. It took days of research by me to straighten out the mess and find the answers, but I did. However, it was too late. I already looked bad as a reporter and there wasn’t anything I could do about it.

Sometimes sources are wrong or they misunderstand a situation. It isn’t the source who will look bad, it is the reporter.

Once I quoted someone giving the definition of a “jake brake” and was subjected to an half hour lecture by my grandpa after the paper came out. I had it wrong. It’s easy for people to forget you just write the story, you don’t make it up. A jake break, by the way, is a special brake used by semi trucks. Residents of a city were blaming the use of jake brakes on the loud squealing noise semi trucks would make when stopping at a light in a residential area. The noise blended in during the day, but at 3 a.m. the squealing noise tended to upset some residents.

In both of these cases, I didn’t know or even suspect the source was wrong until it was too late. It was the publication of the article that shed light on the truth. Without the articles, the erroneous facts wouldn’t have been corrected.

In the meantime, however, I look bad. Days after the article about the former government official, my editor received a letter from an attorney. The letter demanded a retraction. Needless to say, the letter made my editor a bit nervous.

My process of reporting the story was questioned. Who said what? Are you sure this was said then? Where can you get a copy of this?

I knew the mistake wasn’t mine. If there was a mistake it was a made by the public body. But this week’s paper states a public official did an act they might not have done.

Could I prove the mistake wasn’t mine? I had my notes, but no tape. If my sources changed their story, I wouldn’t have any proof.

The incident taught me a valuable lesson. I have always relied on my hand written notes for a story. I don’t like forwarding and rewinding tapes to find a particular quote. I just don’t have the time for that when on deadline.

I might not need a tape in order to write the story, but I will always record government meetings and most interviews now. Even if I never listen to the tape, I will have more than my word if I ever need to prove my accuracy again.

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High School Sports Coverage Can Make or Break a Newspaper

12
May 2009

Once a Viking always a Viking, (not that the Vikings were ever any good at playing sports). My high school alma mater is the Vikings, a team with great spirit, but lacking in points on the scoreboard or marks in the win column. Oh, we had our moments of glory, still do, but they are outnumbered by our defeats.

But when it comes to the failings of my high school alma mater’s athlete prowess, I put my rose colored glasses on. I did it when I was in high school as I stood on the sidelines in my cheerleader uniform. I still do it today as I sit at home reading the coverage in my local newspaper.
Sports Readers Become News Readers

I believe the coverage a community paper gives the local high school sports can boost circulation, advertising and sales. What happens in high school stays with you forever. For years after graduating, adults have been known to identify themselves with their high school team and mascot.

Eleven years after graduating, my husband still loves to gloat that the Bobcats beat the Vikings hands down every time. But what does that have to do with community journalism? Everything.

High school sports gives your paper a chance to let Viking and Bobcat alumni continue to bask in the glory. Alums can find out about friends and neighbors even when living miles away. It’s a big deal, which means your coverage should be a big deal.

If you take a photo at a high school sports game and print it in the paper, the family of the kids pictured will buy lots of copies. They will need some to save and some to send to dear Aunt Edna in Nebraska and Uncle John in Florida. High school sports can sell papers.

While a new reader may start reading your paper to follow the coverage of their son’s football team, they often stay readers long after their son has graduated.
Students First, Athletes Second

There will be teams with very loyal fans despite dismal scores. No matter how badly the team plays, the reporter needs to remember the players are high school students not professional athletes.

Unlike the goal behind some professional programs, the purpose behind high school sports is to build up self esteem, pride, a sense of accomplishment and teamwork. School sports give the kids a sense of belonging. Make sure your reporting doesn’t undermine those lessons.

Sports writing should be fun and exciting to read. Giving players nicknames and describing plays and moves with flair are all part of improving your sports coverage.

Sports writing has never been known to be completely free of opinion, but you need to make sure your article about a game doesn’t become an editorial about a team. It’s OK to lavish praise of even doll out some criticism as long as it is about the game and not aimed at one particular student.
Learn from Someone Else’s Mistake

So what is my point? Recently, a story about a homecoming football team ran in my local newspaper where the reporter started editorializing rather than reporting. Parents and school officials were outraged.

What did the reporter write that was so bad? Here’s a few excerpts:
Said the girls’ basketball team, which always plays to its max, could march onto the field and beat the boys’ football team.
Said a “normally intelligent” player “had a sudden brain tick.”
Said, “No, the Trojans aren’t coached by Homer Simpson. They just play like it sometimes.”

This reporter had good intentions. He was frustrated the whole team didn’t have the drive to win like the coaches and the seniors. He felt a lot of the team’s members gave up too early. Some of his comments that invoked the most wrath were intended to be humorous.

In response, one parent said, “Please write about the games and leave your sarcasm and cruelty out.”

The reporter who wrote the comments above, apologized in print. He accepted full blame for letting his frustrations as a fan creep into his writing as a journalist.
SOUND OFF

Do you disagree with me? Great! Let me hear from you. I’m surprised about my viewpoint on this topic myself. My journalistic background bristles. But when I think of the high school kid with the momentary brain tick reading this article, I cringe. Or the parents. High school is hard enough for teens that we don’t need to make it harder. The article I refer to didn’t name the teen, but do you really think there is anyone in the high school that doesn’t know who it was?

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