Or is that "Move On™?"
(Oh, wait... Maybe referring to them isn't the best idea right now.)
After receiving plenty of legal advice (plus some very insightful input from Jamie, Charles Johnson, Gabriel, and otoc, deacon, Cristoph), and considering the position I was in, I have come to the determination that it is in my best interests to comply with the AP's request to the fullest extent possible. Here is the response I received from their counsel at the end of our discussion:
This should resolve the matter. Thank you again for you cooperation and immediate response.
Whew. With this being resolved, we are now free to continue blogging—Though as you can tell, some things are definitely different about the site. (With thanks to Ace
for suggesting the excellent graphic. It's wholly-original content, incidentally.)So What Happened?
Going forward, I cannot stress enough that one must be very
careful when dealing with "fair use" issues. Until now, I had been operating under the assumption that if the overall focus
of the website is to highlight "bias" and "inaccuracy" in wire service reports, and I am not drawing any appreciable income from
the website, then I was in the clear as far as the "fair use" of wire photographs. As you can tell, the wire services have a dramatically
different opinion of the matter.
And frankly, I can't really blame them for it.
Their response isn't really all that surprising—and I definitely do not have any desire to put my and my family's personal
finances on the line to fight it. Especially considering the extremely
slim odds of a positive ruling in this particular case.
So anyway, as it stands today, every single picture on this website is removed. I will be going back through the archives to restore photos that are either original works, valid parodies of wire photographs (we had some real doozies here), or are otherwise posted within valid "fair use" limits. You know, articles that actually criticize
That is what this site is supposed
to be all about, after all.
Until I'm able to finish doing so (we're talking about going through nearly 1,700 entries, written over a one-and-a-half year period), things will obviously be looking a little "blank" around here. My apologies in advance.
If y'all would like any further details on what constitutes "fair use," I highly
recommend consulting with Ace of Spades associate Gabriel Malor
. He should be able to help resolve any questions that you might have regarding all of the intricate details of how things work in that regard. You might also try stopping by the P.C. Perspective
forums, as they've got some people over that way that know how these processes work from personal experience, and have offered a most
gracious helping hand to me in getting this whole matter resolved.
Again, my deepest
thanks to all of you who have shown your support for me through this mess. I look forward to hearing more from you as this blog continues forward. I am truly sorry that I could not be the "banner case" for a fair use
ruling that everyone had hoped for.
And please, if you have any hate-mail, by all means be sure to share it
with me. Or with the rest of us
. I always
enjoy hearing from new "fans!"
I owe all of you who have written to support me my deepest
gratitude. You have shown a compassion for the "little man" that's without comparison, even if the "little man" in question here didn't fully deserve it.
Thank you, everyone.Oh, as a followup:
I've seen some crazy things attributed to this blog, so please let me do my best to correct the record while I have a chance.
* The Adnan Hajj photo forgery was discovered by the esteemed Charles Johnson
, and served as the singular
inspiration for the creation of Snapped Shot. Besides which, it was a Reuters photo, and not the fault of the Associated Press in any way.
* In fact: To my knowledge, the Associated Press has never
been accused of photoshopping any photographs. They do
, however, have problems with certain photographers embedding themselves perhaps a little bit too closely
with terrorist (i.e., "enemy") forces...
* There was some discussion that Snapped Shot was responsible for discovering "flat Fatima." I can't find the exact blog that spotted her first, but the People's Cube had the parody up by the 9th of August
, the day this blog was born.
(Besides which, there is no connection between "flat Fatima" and the Iraqi woman who was holding up the unfired bullets. Which actually was
one of the things that Snapped Shot found first
Those are the biggest incidents I saw. I don't want to leave any improper credits hanging out there, so if you see anything else out there that's attributed to me, just be sure to let me know about it
, and I'll get this page updated ASAP!Thanks to Rooster
for the updated "PICTURE KILL" graphic!