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What's with the Paparazzi?

Jay, you claim, “the jury is still out RE many such particulars of the internet age --- which is exactly what this Blurt is about.” Yeah, you’re right, but let me get this straight: You’re saying that because it may or may not be legal then it’s still okay to post a picture of someone without their permission? If so, I would strongly advise you to read up on the case of Ashley Alexandra Dupre. You remember her, right? Eliot Spitzer’s old girlfriend. Well, all those news outlets that ran pics from her MySpace page got sued and have subsequently changed their policies when it comes to what is “fair use.” You might claim in defense that the photos of Dupre were used to disparage her and your story doesn’t do the same to Felicia, but that’s not even the legal argument that Dupre’s lawyers are using. A press release from her own attorneys claimed that had nothing to do with it but rather that the “photos were obtained in violation of Ms. Dupre’s privacy rights and federal copyright law” and “may well constitute violations of federal copyright laws”. And you guys didn’t even credit MySpace like the AP did in the case of Dupre. Good job. The fact that you hide behind the old, “Oh well, that’s not my job” excuse is just further proof of your laziness. http://reportr.net/2008/03/15/the-rights-and-wron… http://www.chillingeffects.org/copyright/notice.c… Whether it’s illegal or not, The Reader still did not properly credit the source. Felicia, or at least her friend who took the picture, absolutely does have a serious legal case against the Reader for copyright infringement since he/she is the sole owner of that picture and you did not seek his/her permission to run the picture or give them proper credit. So, same as before, but hopefully answered this time: Gringo and Jay-Is it not lazy to just pull something off a blog and report it as a news story with byline? Moreover, is it okay to simply pull a photo off Facebook or MySpace and not ask permission to run it in your publication?
— February 25, 2010 10:10 p.m.

What's with the Paparazzi?

The fact is that you and Gringo are both wrong when it comes to the issue of the photo, but I’m not surprised since both of you don’t bother to do your research. First, I’ll address Gringo's (and now Pete's) claim that if “you upload a photo to your website, and then you want to charge people for using it (never mind that you post no disclaimers concerning your images), then it's fair game.” This is absolutely incorrect. The person who took that picture owns that picture and is protected under U.S. copyright laws. It doesn’t fall into the category of “fair use,” because The Reader is profiting from it at the expense of the photographer and Felicia. Whether it’s free publicity for sdgossipscene doesn’t matter. The picture is the issue. You also claim “MySpace owns your content, not you. I'd recommend that you read the fine print, but since you've never even read the Reader, I doubt that it will happen.” Uh, actually it’s you that hasn’t read the fine print, sir. MySpace's Terms & Conditions page lays it out very clearly that "MySpace does not claim any ownership rights" over the photos users post on the site. It goes on to say that while MySpace has the right to display the photos or content within MySpace “this limited license does not grant MySpace the right to sell or otherwise distribute your content outside of the MySpace Services." See rule 6.2 and 6.3: http://www.myspace.com/Modules/Common/Pages/Terms… So unless Rupert Murdoch owns the Reader (which I wouldn’t be surprised if he does), then you’re wrong on that.
— February 25, 2010 10:09 p.m.

What's with the Paparazzi?

Come on Gringo?! That's a lame argument. You know the more we fight, the more attention both you and Felicia will get. 2Pac didn't really hate Biggie. He cared about the attention it got him. Since you collect a paycheck from The Reader and you're dutifully bound to defend your doghouse, I'm sure that you really do believe that The Reader is a better product. Subjectivity aside, my main point, and one you can't dispute, was that we (CityBeat) write about it first and The Reader reports on it later. That's it. It doesn't matter if Jay or Dorian or Ken do a better job on reporting it (sometimes they do, sometimes they don't). The story's already been reported by the time you guys write about it. There's a reason they call it "news", not "olds." I'll paraphrase MTV News' old catchphrase that I think applies here: CityBeat: You hear it first. SD Reader: Three to four weeks later. If not, maybe sometime down the road when something controversial happens. Also, Felicia has nothing to do with music! Last time I checked, Blurt was supposed to be a music column, is it not? Are you guys going after the hipster demographic and is this really all you could come up with? And I am not scared about burning bridges at The Reader or any other publication. Shenanigans are shenanigans and you guys deserve to be called out if you're lazy or reporting falsehoods. I would never, ever work for The Reader. Not for a million bajillion dollars. I'd rather starve. If CityBeat goes out of business (which will not be anytime soon, I assure you), it will not be because of the quality of the reporting. I hold my head up high every day knowing that we may not be the biggest kid on the block, but because we're undoubtedly better. Felicia-What Gringo here is doing is trying to change the subject and make the argument about myself and CityBeat. Don't let him. In fact, I'll change it back for you: Gringo and Jay-Is it not lazy to just pull something off a blog and report it as a news story with byline? Moreover, is it okay to simply pull a photo off Facebook or MySpace and not ask permission to run it in your publication? Please consult your Journalism 101 text book if you need help answering these.
— February 25, 2010 6:58 p.m.

That's So Un-Punk

Actually, Jay you're wrong on almost all fronts. Both accounts were written about in Locals Only over a two week span. First Vinnie, then Julius: http://sdcitybeat.com/cms/story/detail/reports_fr… http://sdcitybeat.com/cms/story/detail/reports_fr… They weren't included together because I had a hard time reaching Julius before Vinnie's story went to press. I think your argument, that you weren't aware of any other press, is actually more representative of how well you actually follow the music scene here. I know you don't actually live in San Diego but aside from that, I would surmise that if you don't actually research the subject matter beyond just contacting the main subjects, then you're not much of a reporter at all. For example, rather than stop at the blurbs we already wrote, CityBeat did a fuller, much more thoroughly researched article in this week's issue. We had someone write it who's actually involved in the punk scene here. We have quotes from fans as well as the members of Fono's new band. The fact that Julius wouldn't go on record for the feature was his choice: http://sdcitybeat.com/cms/story/detail/disunited/… But let's be realistic. I don't actually believe for a second that you weren't aware of this. And if you actually don't read any other San Diego publications other than your own or bylines that you don't like, then you're even lazier than I originally thought. What I DO believe, however conspiratorial it may be, is that you DO read other S.D. publications including CityBeat. And since you don't live here, don't go to shows here and don't even actually "overhear" anything here, it's just easier to poach stories from other publications, perhaps flesh them out a bit more, and try and pass it off as journalism.
— February 25, 2010 3:42 p.m.

Buck Howdy's on the Case

I think I shall.
— November 18, 2009 1:26 p.m.

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