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Dear Miami Art Guide

Post #793 • May 19, 2006, 6:09 PM • 20 Comments

1. I can't tell you how sorry I am to have contributed, even without my ever intending to do so, to your sad little attempt at arts journalism.

2. Creative Commons license or no, what the hell is wrong with you, reprinting somebody's writing without her permision? Do you need someone to write you a Decency Commmons license? Jeez.

3. As I said over at tNFH, I would be fascinated to hear about why your unpermitted reuse of KH's post in its entirety does not violate section 4c of Creative Commons Attribution-NonCommercial-ShareAlike 2.5, and the spirit of the whole license. However, I do not wish to discuss this with you by phone. Use the comment form, or send an e-mail with the expectation that I will post it.

4. You ever pull this mess on my work, and I will respond with a level of legal force that I can only describe to you as proctological.

Comment

1.

Doctor Manette

May 19, 2006, 7:03 PM

yes. I saw that yesterday and was amazed that it had been reprinted, considering the disdain KH, and you, harbour towards the MAG.

i say she should sue the hell out of them.

C

2.

oldpro

May 20, 2006, 12:02 AM

Awful lot of outrage here. What's the law on this?

3.

that guy

May 20, 2006, 1:32 AM

"Awful lot of outrage here"

Hey, what happened to any news is good news. KH congrats, somebody noticed, next step, getting somebody to give a rip.

4.

Marc Country

May 20, 2006, 3:24 AM

...what the hell is wrong with you, reprinting somebody's writing without her permision?

Jesus!... not just the writing, but the pictures, typography, the whole layout... are these MAG dudes retarded or just drunk? This is what they do for content... reprint KH's website? That's pathetic.

5.

oldpro

May 20, 2006, 10:06 AM

Everyone is ranting, but what is the law? What are the copyright issues? How is this different from a blog linking another blog? Or quoting a newspaper article? Is it just a matter of money, as referred in that section 4c Franklin mentioned?

If you don;t get ahead of all the righteous indignation and pin it down it is just more unsupported anger.

6.

George

May 20, 2006, 10:26 AM

From Franklins link to CC 2.5

4. Restrictions:
c.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. ...

They did credit TNFH as the source at the bottom of the last page. I suspect they are within their rights, but it is low grade journalism. Give them a breathalyzer test, maybe they went out on a 3 day bender and were too hung over to come up with 5 pages by the deadline.

7.

oldpro

May 20, 2006, 10:36 AM

Most of these publications are low grade, and in this case I might question their editorial policy and selection as well as their ethics, but the law is generally based on damages and/or compensation.

There certainly was no damage done, in the ususal sense; as Guy implied, the magazines reprint only served to widen recognition of the blog. If I had a blog I would be pissed that they didn't ask me but very pleased by the free publicity.

However if this is a for-profit magazine I imagine there are fair compensation issues, and these would undoubted be coupled with the legal necessity of asking permission.

8.

Jack

May 20, 2006, 10:40 AM

It may or may not be technically illegal, but it is unquestionably bad form and makes them look very shabby, not to say unprofessional to the point of pitiful ineptitude. If they have to resort to this kind of expedient to generate content, they need to call it quits.

9.

mek

May 20, 2006, 5:57 PM

http://www.transnationalblueblood.com/BLOGBOY/frame1.html

10.

oldpro

May 20, 2006, 6:23 PM

I agree, Jack. If i were an editor or publisher of a magazine like that i would instinctively know to ask permission as a mattter of course.

I think George might have guessed right in #6: they were short a few pages and had to come up with something at the last minute.

11.

onajide

May 21, 2006, 12:34 PM

oldpro, MAG is a for profit publication. Even if what they did in the republication is not illegal, I still insist there should have been communication between the parties prior to the republication.

I would absolutely contact Franklin if I wanted to publish a page (or pages and comments) from his blog and, making them look exactly as they appear on his blog. I had his phone number when he was living here; I certainly have his email address and, I know how to write well enough to ask him first. I've used text from a number of blog friends all, however, with a prior request. If we have the same or similar goals in this art endeavour, I would hope we can work together (with no finger pointing intended).

12.

oldpro

May 21, 2006, 12:39 PM

I agree. it should be natural and virtually automatic to ask the other person, whatever the legalities & technicalities.

13.

Momoko

May 21, 2006, 11:03 PM

You people tend to forget that you live in Miami. An incident like that does not surprise me. Lots of people here don't give a shit.

"Rudeness is the essence of Miami" © 2006 Momoko

14.

Cinque

May 22, 2006, 9:35 AM

How do you think MAG's readers would respond to the assertion that they have been "conquered"?

15.

oldpro

May 22, 2006, 11:33 AM

The whole sentence is something of a masterpiece, Cinque:

"It has already conquered the most sophisticated readers that have found in MAG the golden pages for the Art’s Life Style in Miami."

What do you suppose "Art's life Style" is? Literally it means the lifestyle that art itself has. And those "conquered sophisticated readers" have found the "golden pages"? Sounds like Pizarro and the Conquistadors.

16.

the mirror world

May 22, 2006, 12:30 PM

More ilke Bizarro.

17.

the mirror world

May 22, 2006, 12:31 PM

The mirror world is dyslexic.

18.

oldpro

May 22, 2006, 1:16 PM

Sounds like you got it right, Mirror.

19.

that guy

May 22, 2006, 9:12 PM

As a conqueror of many readers myself, I know how they must feel. As for the golden pages, it must be a play on the myth that Florida once supposedly was home to lots of gold and fountains of eternal youth. Now they are not far off when you think of the fashion driven art scene, churning out lots of fools gold, with next years youth waiting in the wings, eternally replenishing and satiating the collectors need to conquer. These youths are easily mislead after all, and can easily be cast aside when they are past their prime. Some myths just never die.

20.

Oscar Ramirez

May 24, 2006, 9:41 PM

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