August 15, 2006
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Joseph Gillis Jr.
You can do something!
After emails and phone calls with Ed Sunshine of the Town Observer, it seemed clear that a correction notice would be forthcoming. [See my July 15th story on unauthorized publication of my photos.] However, that paper marches to its own beat. I post the following for all to see how truthful and ethical Mr. Sunshine is in manners related to the publication of the stuff he sends free to everyone. Per his own fine legal understanding (albeit wrong), he had 30 days to publish for corrections - and even Ed could not adhere to his own statements.
Perhaps someone can tell me how I slander that piece of paper by saying he used photos without permission and without credit. He figures that since he sends that tabloid out every two weeks, he is the press and free to do whatever he wishes.
However, he should read up on Copyright Law prior to telling me I am in the wrong. If he did, he would learn something (strange concept, I know). For instance, he could read at the US Copyright Office http://www.copyright.gov/help/faq/faq-general.html#what that a Copyright notice is not required for work to be protected; it provides additional protection. The following are a couple sentences directly from the website:
When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created.
The following is the first email from Ed on the matter:
{July 17, 2006, 6:23pm}
Our response - We did not knowlingly, use the pictures posted on the website of Joseph Gillis, Jr. in the July 14th Edition of The Town Observer, the pictures were sent to us as a pair of attached files via email.
1 - there is no proof in the source's email, that they came from your website or how he/she attained them.
2 - We receive many emails, pictures, letters and articles prior to every issue, it is believed that when a citizen sends The Town Observer a story, picture or letter that they want it posted in the paper or that they want us to consider interviewing someone or view some event in order to write a story.
3 - Now that you have re-directed me to your website, per our conversation on July 17th, at or about 5:30pm, a Monday, it is apparent that there is a strong possibility that the pictures may have originated from your website. One thing to point out, there are no apparent copyright notices or reminders anywhere on your website, and since you are a public official, providing your viewpoint of public events, then all your information is considered public. There is actually nothing that you could be doing at a public event, as a public official that could be considered private or compromising to a copyright, including taking these pictures.
Our Answer - we will print a notice in the next issue of The Town Observer, stating:
"Per further investigation, it has been brought to our attention that recent pictures of the 2006 July 4th parade sent to us by an individual who prefers to have his/her name kept confidential were actually taken by Joseph Gillis Jr."
Laws of publication and periodicals enables us to print any retractions or corrections for any mistakes we have made in a previous issue within 30 days.
For the record: We did not intentionally or knowingly use these pictures without said permission from Joseph Gillis Jr.
For the record: The Town Observer has downloaded, in its entirety the contents of your website and had it digitally certified that this copy did exist and therefore stands as proof for slander that you posted on the internet.
You have 24 hours to change the content, eliminating any reference to The Town Observer and any print/phrases that may be considered slanderous, or we will take the liberty of printing this, the contents of both of our most recent conversations on the front page of our next issue.
Thank You,
The Town Observer
Edward M. Sunshine
Editor-in-Chief.
