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Iconic photo is at center of dispute
Daily Southtown ^ | 29 January 2006 | Dan Lavoie

Posted on 02/02/2006 11:51:54 AM PST by RKV

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Who in the Army wants a great journalist like Michael Yon out of the theatre? This guy is a terrific asset to the US and why does the Army think it can screw a blogger like him with impunity?
1 posted on 02/02/2006 11:51:56 AM PST by RKV
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Comment #2 Removed by Moderator

To: RKV
Followup links:
http://www.michaelyon-online.com/
http://www.mudvillegazette.com/archives/004121.html
3 posted on 02/02/2006 11:55:05 AM PST by RKV ( He who has the guns, makes the rules.)
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To: RKV

Picture puts a tear in my eye every time I see it.


4 posted on 02/02/2006 11:57:06 AM PST by One Proud Dad
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To: RKV

The disclaimer covering intellectual property is a serious legal stretch. He will smoke the Army in any Federal court on this one. And the idea that him handing it out to some soldier represented an effective public domain of his work is laughable. Yon will have to start beating every single outlet he can find with the photo including Google. If you do not act to protect your copyrighted works, you are deemed to have given up your rights.


5 posted on 02/02/2006 11:58:43 AM PST by bpjam (Now accepting liberal apologies.....)
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To: One Proud Dad

Me too. Yon is one of the good guys. The Army has ZERO to gain and much to lose if he decides to find another story. He obviously has talent and could do well elsewhere.


6 posted on 02/02/2006 11:58:51 AM PST by RKV ( He who has the guns, makes the rules.)
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To: RKV

Reminds me of the Oklahoma City bombing pic of the fireman carrying an infant in his arms.


7 posted on 02/02/2006 12:00:37 PM PST by HEY4QDEMS (Learn from the past, don't live in it.)
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To: RKV

Hard for me to say where the ownership is. I don't know anything (outside of this article) about this case.

Was he there on his own dime (or that of an agency outside of the government)?

Are all of his photos property of the government or does he get to retain ownership of those photos he "doesn't share"?

I ask this because work for the government carries no copyright. There are very famous photos by famous photographers that belong to the Library of Congress (some under WPA programs). Same with NASA images.

I don't want to see the photographer done wrong. I just have no understanding on what the release said.


8 posted on 02/02/2006 12:02:27 PM PST by weegee (Happy Holidays! Tis the season of MLK, Chinese New Year, Tet, Valentine's, Presidents...)
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To: RKV

So the Army is admitting that Yon took the picture, but explaining that they are legally going to screw him out of his right to ownership? Wow.

Am I correct in my questioning?


9 posted on 02/02/2006 12:02:51 PM PST by Lochlainnach (Rifle man's stalkin the sick and lame; preacher man seeks the same, who gets there 1st is uncertain)
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To: RKV

That photo just makes me hate those terrorists mutants even more.

I didn't think that was possible


10 posted on 02/02/2006 12:04:34 PM PST by Skooz (Chastity prays for me, piety sings............Modesty hides my thighs in her wings......)
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To: bpjam
release frees the Army "from any liability for any injury he may suffer,"

I think this is also quite a stretch to claim that this element of the release carries over to violation of his legal rights of copyright, etc..

11 posted on 02/02/2006 12:04:35 PM PST by weegee (Happy Holidays! Tis the season of MLK, Chinese New Year, Tet, Valentine's, Presidents...)
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To: weegee

He's not on Uncle Sam's payroll (anymore, seem to recall he was in the Army once). I only know what I read in the article and on Blackfive.


12 posted on 02/02/2006 12:05:00 PM PST by RKV ( He who has the guns, makes the rules.)
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To: Lochlainnach

Those are the fundamentals as I understand them. There are SURE to be many more details. IANAL, but this sounds outrageous. Slimeyness of this order makes me wonder who put whom up to it and why? Maybe a leftover perfumed Pentagon prince from the Xlinton era?


13 posted on 02/02/2006 12:06:51 PM PST by RKV ( He who has the guns, makes the rules.)
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To: Skooz

If this trips your trigger, then you better not make a habit of looking at the 9/11 coverage that the MSM has held back from us for years.


14 posted on 02/02/2006 12:08:00 PM PST by RKV ( He who has the guns, makes the rules.)
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To: Skooz

There have been efforts by some public schools to get students to write to the US government to ask them to end this war.

I think that this is partisan and misfocused.

They should be shown this (and other) non-graphic photos of the young casualties of war. The students should consider writing OPEN letters to the terrorists in Iraq (who are not all Iraqis, BTW) begging them to stop the slaughter of innocent children. Same as is done with "ban landmines" campaigns. Send the letters to Al Jazeera; I hear that terrorists communicate with that network. The open letters would find their appropriate audience. After all, the American left claims that they support AJ because they are "balanced" even when it is controversial. Prove it.


15 posted on 02/02/2006 12:09:07 PM PST by weegee (Happy Holidays! Tis the season of MLK, Chinese New Year, Tet, Valentine's, Presidents...)
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To: onedoug

ping


16 posted on 02/02/2006 12:10:04 PM PST by windcliff
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To: RKV

He may have lost his copyright by legal error. He could sue for damages but may never regain control of the image.


17 posted on 02/02/2006 12:10:27 PM PST by weegee (Happy Holidays! Tis the season of MLK, Chinese New Year, Tet, Valentine's, Presidents...)
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To: RKV
In his letter, Klein argues that an injury to Yon's copyright is the same as an injury to his leg or his camera.

Another incompetent lawyer hiding in the military.

Clearly, to us mere mortals, the nature and purpose of the release is crystal clear.
And does not include intellectual property.

This loser must be kicked out of the military and banned from government work forever!
If stupidity is not a jail-time crime, it should be.

18 posted on 02/02/2006 12:11:03 PM PST by Publius6961
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To: RKV
In his letter, Klein argues that an injury to Yon's copyright is the same as an injury to his leg or his camera.

That's silly.

19 posted on 02/02/2006 12:12:26 PM PST by Petronski (I love Cyborg!)
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To: Publius6961
Disbarred for incompetence and fired for sheer stupidity.
20 posted on 02/02/2006 12:12:59 PM PST by RKV ( He who has the guns, makes the rules.)
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