Question: what do you call someone who campaigns for anyone to be allowed to publish a photographer’s work without permission, and then complains when someone publishes his wife’s photographs without permission? Answer: Cory Doctorow.
Our old friends Irony and Schadenfreude had a field day last week when writer and wannabe copyright reformer Doctorow mounted the Boing Boing barricades to rant against “the awful Daily Mail, a hateful right-wing tabloid that keeps finding new bottoms to scrape.”
That’s an interesting image, but what was the reason for his ire? Apparently his wife Alice snapped an anorexic mannequin in Gap and uploaded the image to TwitPic; Doctorow then published the photo at Boing Boing accusing Gap of “death camp chic”. The Mail, ever on the lookout for a good scandal, picked up on the story and called asking to use the image.
Despite their reservations about the Mail the Doctorows, after due consideration of, oh, a few seconds or so, decided the hateful right-wing tabloid could have the snap for a charity donation of £250. The Mail [part of Associated Newspapers, with 2010 operating profits of £42M] countered that was beyond their budget. Then the Mail did what the Mail does, and lifted the photo anyway – along with a few juicy quotes into the bargain.
Unsurprisingly the Doctorows were outraged, hence the Cory vent in which he accused the Mail of “ripping off” the picture, ending with a demand for £2,000 for two infringed images and the vaguely threatening words “updates to come, I’m sure”. But could this be the same Cory Doctorow that has spent most of his adult life campaigning for the weakening of copyright laws? The Doctorow that tours as a poster boy for Creative Commons licenses that allow photographers’ work to be used without permission? The one that “rips off” photographs for his own articles?
Well, er, yes; which is why a few of the responses to his article were less than kind, accusing him of hypocrisy. However the Doctorow fan boys, like Cory usually very much in favour of redistributing photographers’ work without permission, felt his pain and the comments were largely filled with suggestions that the Doctorows should call M’ Learned Friends. Although it would be highly entertaining to watch the Doctorows sue the Mail for copyright infringement that’s sadly not going to happen; or at the very least they’ll have to get in line.
For what the Doctorows overlooked is that in uploading the image to TwitPic they had already given away their image distribution rights long before the Mail came calling. As the rest of the Internet already knows, TwitPic signed a highly contentious deal with the World Entertainment News Network in May that gives WENN distribution rights to any images uploaded to TwitPic, and without any payment to the image owner. So if anyone is going to be suing the Mail it will be WENN, not the Doctorows. Interestingly the story disappeared from the Mail site over the weekend without the Doctorows’ knowledge, so it may be that WENN have already contacted the paper.
The final irony is that only hours after his Mail bitch-fest, Doctorow was busy ripping off photographs himself. On August 16th, the day of Doctorow’s rant, the Guardian ran a story from the Edinburgh Festival with a photograph by Murdo Macleod. And the following day there was a story about the Edinburgh Festival on Boing Boing, filed by Cory Doctorow and with that very same Murdo Macleod image. Doubtless Doctorow took time off from discussing the Mail with his lawyers to ask Macleod’s permission to use the image. If not he will have already calculated what he owes Macleod for “ripping off” the photo: his own going rate of £1,000 per image.
It’s clear that Doctorow, despite his carefully constructed image as a cutting-edge thinker on intellectual property matters, has a lot to learn when it comes to copyright. But last week should have provided a lesson simple enough for even Doctorow to grasp: when it comes to intellectual property and ripping off other people’s photographs, what goes around comes around.