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Post #17187

Re: [videoblogging] Re: When the FBI knocks on your door…

By Jack Nelson | Jack Nelson <jack@...> | mizzenfilms
July 16, 2005 | Post #17187 | Topic #17136

Way to go Josh. Great letter and congrats on getting them to pay up On Jul 16, 2005, at 12:53 PM, Josh Wolf wrote: > I don't know whether the letter I sent to them really belongs in a > files section as certain elements of my e-mail are not part of the > most ideal approach in all circumstances, but here it is as a > starting point... the real trick is finding out who the news director > is and sending it directly to her or him. > > Josh > > > My name is Josh Wolf and it's come to my attention that your > station has apparently been making use of footage regarding the San > Francisco protest that was shot by me and most likely obtained > through the Indybay website. As I do not have a TV, I can not > personally verify that your station has been using my footage, but > have heard this from numerous sources, and I have a friend with video > from the broadcasts so I will be able verify this for myself. If for > some reason any sort of misunderstanding has occured and you have not > been making use of my footage, I'm sorry for sending such a strong e- > mail but feel the need to protect myself. I own the copyright on the > material which is licensed under a Creative Commons license (http:// > creativecommons.org/licenses/by-nc-sa/2.5/deed.en_GB). The link to > the video on Indybay has a link to both my website and my e-mail > address. > > Based on this information, it would not have been difficult for your > news department to contact me about obtaining permission to utilize > my footage. My footage has apparently been utilized in numerous > newscasts following Friday's event. As ***** is clearly a commercial > entity, *and* you have not provided any sort of attribution to the > source of the footage, your station is clearly violating my copyright > and I'm less than happy about this turn of events. Furthermore, when > I sold selected portions of my video to KRON as a stringer, I did so > while granting them exclusive rights to use that footage. By your > station using my footage without contacting me beforehand, you have > also jeopardized my professional relationship with KRON and I do not > enjoy being in a position where a professional news agency has any > reason to feel that I've been dishonest with them. > > I'm well aware of what the going rate is for stringer footage amongst > the local news in this area; however, in that situation a stringer > has the opportunity to decide whether or not they want to sell their > footage at the going rate. As your station neglected to contact me > prior to using my footage on the air, I am not in a position to make > the decision whether or not to sell my footage to you at the standard > stringer rate. This situation, coupled with the fact that your > station has chosen to use my footage repeatedly indicates that this > is valuable footage and I've decided to provide an invoice for your > use of my footage at a significantly higher rate and I fully expect > your station to comply with the attached invoice. > > In the event, that I do not hear back from you soon, I will resume > discussion with my legal counsel and exercise any and all connections > I've made as an independent media producer to bring light to this > issue. I do realize that you are not the only station that has > neglected to follow appropriate procedures before using my footage > and any other guilty stations that I've come across are receiving a > similar letter. > > Thanks for your time and understanding, please let me know if you'll > need a W9 for tax purposes. > > Josh Wolf > inthecity@... > (805)895-9220 > > PS -- here are the links to the video on Indybay > > http://indybay.org/news/2005/07/1751759.php > > http://indybay.org/news/2005/07/1751763.php > >> >> You know it might not be a bad idea to have an example of the >> letter/email you sent saved in the Files section here in case others >> find themselves in a similar situation. >> > > > ____________________________________________ > "Don't hate the media, become the media."- Jello Biafra > > > > > Yahoo! Groups Links > > > > > >