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First game: TI Invaders (Space Invaders knock-off) for the TI-99 "home computer". Either that or the Pac-Man built into the glass-top tables at Mr. Gatti's Pizza.
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More Adventures in Journalistic Integrity: "Stolen" Photos?
MaxVest | 10:58 PM on 12.12.2007 18 comments


On Digg [link] right now, there's a story alleging that Kotaku has on two separate occasions in the past year cropped, resized, and reused a blogger's photographs -- without crediting him.

You can read the whole story on the Neowin.net forums.

Is this another angle on journalistic integrity? Harmless error? Hell, I don't even know what standard blog practice is on crediting photos. Just to be clear, these are not PR handouts, these are photographs personally taken by the blogger in question.

Original 1
Kotaku 1

Original 2
Kotaku 2

What do you guys think? Is Neowin.net making a mountain out of a mole hill on this one? Or does the photographer have a right to be upset?

[EDIT] I did a little matlocking, and noticed a few things. First, the image exif data for both photos allows for identification of the camera that took the photo, but not the photgrapher. The copyright field has been left blank. Second, this may have been recently added, but the blogger has a note on his blog: [Note:- If you are linking to any of the pics or videos or both please give credits to my work]. [/EDIT]



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16 comments | showing # 1 to 16
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Bob Muir's Avatar - Comment posted on 12/12/2007 23:04
Bob Muir
If they're knowledgeably taking it from the blogger, than I think that's cause for alarm. However, it could honestly be that they just typed some stuff into Google Images and took whatever looked good.
Sharpless's Avatar - Comment posted on 12/12/2007 23:04
Sharpless
I would be upset about it, just based on principle. If you're a major commercial blog or website, you need to give credit where credit's due.
DaedHead8's Avatar - Comment posted on 12/12/2007 23:05
DaedHead8
If I were the original photographer I wouldn't be mad at all. Its not like this shots are "high art" or anything. I suppose the photographer would have a right to be mad, I'm just saying I wouldn't be.
Jordan Devore's Avatar - Comment posted on 12/12/2007 23:09
Jordan Devore
I'm willing to bet money that they just used google and the images came up. From what I've seen on Kotaku and other gaming sites, photographers will usually only get credit for pictures like this when they're taken from a Flickr account.
EternalDeathSlayer's Avatar - Comment posted on 12/12/2007 23:10
EternalDeathSlayer
I probably shouldn't comment on this one, but I tend to agree with Necros here. They might have meant no harm, certainly possible. But they're a big web site, it's not right of them to knowingly steal photos in the manner described above.
MaxVest's Avatar - Comment posted on 12/12/2007 23:16
MaxVest
A question and a comment: does it matter that in order to get the full-sized photos, a Kotaku writer would have to pass through the blog in some way, i.e., frames?

Second, although I agree with DaedHead8's appraisal of the photo quality, under US law at least, the photographer would have copyright automatically. Under Indian law might be a different matter.
Sharpless's Avatar - Comment posted on 12/12/2007 23:32
Sharpless
Incidentally, yes, I'll also agree with what others said. If they just found the photos via Google Image Search, then it's more forgivable. It's still pretty careless on their part, but I've done the same thing and I don't want to throw too many stones.
Excremento's Avatar - Comment posted on 12/12/2007 23:43
Excremento
Lets go lynch the Kotaku people right now!
MusashiX2's Avatar - Comment posted on 12/12/2007 23:47
MusashiX2
this is bull shit. you can't use a person's photos without getting their permission or paying them for the service. you gotta do one of them. you ask for permission to use them, then you give them credit. if they say you can't use them, then you can't use them. if they want money for their use, and you don't want to pay them, you don't use them.

this shit hits close to home with me since i am a photographer. i have a photo-blog with my pictures on there, so i can be easily contacted for permission to use any of my stuff if somebody wants to. using a Google Images search is no excuse! when you click an image, it shows you the page it comes from. just calling it a "careless" practice does not change what it is...

no credit given to the photographer = theft.
B-Radicate's Avatar - Comment posted on 12/13/2007 00:21
B-Radicate
Well, the problem with that Necros, is that that is still copyright infringement. If you think that is legal, then you have a lot to learn about electronic law. So, yes, they would be violating the bloggers rights. Google or no Google.
MusashiX2's Avatar - Comment posted on 12/13/2007 00:26
MusashiX2
anybody who gets up in arms about video game piracy and then says something like "BOOHOO!" is the essence of a hypocrite.
Bob Muir's Avatar - Comment posted on 12/13/2007 02:05
Bob Muir
@ B-Radicate
I'm not saying that it isn't illegal, and if the bloggers have an issue with it, they should certainly stick up for their rights. However, how many blogs out there grab whatever silly picture they can find on Google images without any regard for the original author? When images are copied from other sites that copied from other sites, it gets really hard to actually enforce stuff. The primary defense here has to be the photographer themselves, because if the internet has taught me anything, it's that digital copyright has never been taken seriously.
MusashiX2's Avatar - Comment posted on 12/13/2007 09:40
MusashiX2
@Necros

there's a difference between random photoshopped images and photographs.
Corncobtacular's Avatar - Comment posted on 12/13/2007 11:09
Corncobtacular
i can see how the 2nd photo could have been taken by just about anyone, but the 1st photo was definitely taken (w/o permission apparently)
DaedHead8's Avatar - Comment posted on 12/13/2007 15:36
DaedHead8
@MusashiX2

Why should there be a difference? Making a really good shop takes as much skill as taking a really great photo so why should shop artists get the short end of the stick?
Duby's Avatar - Comment posted on 12/13/2007 23:54
Duby
@MusashiX2

I appreciate that you're a photographer and that this issue may very well be a matter of your livelihood. Copyright infringement, however, is not theft. That doesn't mean it is acceptable behavior, but there are important differences. Theft is the taking of property, depriving you of the opportunity to enjoy it. The theft of a painting, for example, means it's gone. You don't get to look at it. Copyright Infringement is an unauthorized use of a work of authorship. You still have your painting, but someone went and made a poster print of it. Outside of the copyright act, you didn't lose anything, and the sharing of information is a net benefit to society. But way back when, they realized that many more people would make many more works of art if they could get $$$ to do so, or so the theory goes. So they set up the copyright act, giving you limited control of your work for a limited (in theory, at least) time. In American Law--unlike in Europe--nobody truly "owns" a work of authorship. It belongs to everyone; someone just has the right to control it for a while.

Of course, if you license your work for money, infringement does mean somebody's ripping you off. So the fact that infringement is not theft is a matter of semantics, but it's an important one. At least the RIAA thinks so; they've knowingly run propaganda campaigns equating downloading songs with theft.

But damn it, you're stealing my time! I'm supposed to be packing right now. I DEMAND that you give it back!
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