Michael Moore In Legal Trouble With War Photographer

Michal Moore is about to be sued by a celebrated war photographer over his online use of an image.

Independent correspondent Michael Yon took a photo, voted by Time readers the top photo of 2005, of a soldier cradling a bloody, injured Iraqi girl who died shortly thereafter. Moore used the photo without permission on his website michaelmoore.com.

The NY Post reports:

Yon has tried to contact Moore for seven months to discuss his unauthorized use of the poignant snap, but hasn't heard a word back from the director of "Fahrenheit 9/11." Now, the fed-up photojournalist has told his lawyer to ready a lawsuit against Moore for copyright infringement.

The misappropriated photo shows US Army Maj. Mark Bieger cradling an Iraqi girl wounded by car-bomb shrapnel. She died a short time later.

"The implication on Moore's Web site was that our soldiers were somehow responsible for that kid being wounded," Yon's lawyer, John Mason, told Page Six. "That is absolutely not true. She was the victim of an insurgent's car bomb." Yon said: "I've never sued anyone in my life. It looks like Mr. Moore might be the first." Page Six e-mailed Moore for his response, but he didn't get back to us, either.

On his website Yon blogged about it and asked for help funding his fight:

If Mr. Moore and his counsel continue to ignore our correspondence, we will proceed with a lawsuit.

This lawsuit, though, should not be a distraction from combat reporting; the proceedings should be easy and require almost zero hands-on work from me. But it will be potentially costly. I've never sued anyone in my life. Looks like Mr. Moore might be the first. I told one very important person recently about the possible upcoming lawsuit and he said something like, "Someone should drive a stake through that guy's heart." It won't be that bad, but copyright cases are interesting and we have to deal with them often. If you want to help me as I both prepare to return overseas and take on this lawsuit with Mr. Michael Moore, please hit the PayPal button.

SEE THE PHOTO HERE

Comments

[SamEllison]

If we didn't invade and occupy Iraq there would not be an insurgency.
That is not the soldiers fault.
Michael, pay the man!

[11907281]

Nuremberg Principle IV -

The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

No one was threatening these soldiers with death if they refused orders.

[timothyone]

We were not responsible for that car bomb existing in the first place? We aren't responsible for bringing war into that little girl's life? We ARE responsible for every death resulting from our war in Iraq, each and every one of them. I wouldn't expect an Army officer to be able to make that connection, at least not publicly. Unless he is a Bush-like psychopath, he will make that connection every day for the remainder of his life! He will know, and never be able to forget what we did to those innocent people.

[b93950]

If the US government can use Spy Cams on every street corner, what is wrong with taking a picture of someone?

[whosyourdaddy]

LOL! Hello! Anyone home?

[b93950]

I don’t know what some members are whining about; Michael Moore is one of the good people.

He’s against this Oil War, against bailing out the auto CEO’s, and he’s certainly no friend of the damned Neocons.

[JulieSA]

He's breaking copyright law.

[AmandaBC]

Read US Copyright Law, title 17, sections 107 through 118. Also known as "fair use."
The lawsuit will be quickly dismissed.

[11907281]

You sir, don't know law ... wait, are there tr0lling laws?

[Jeffreygeez]

Michaels main point is that innocent civilians are being killed with or without stakes being driven through their hearts. Dead is dead. Two money making wars aka invasions are the reason the words collateral damage are in the news so often. Nobody cares except the relatives of the newly deceased. Michaels so called extremism is a noble but vain attempt to get someone other than those relatives to give a hoot. That will never happen by the way. Way too much money to be made in the war game.

[gastoys]

What value does Michael Moore provide our society? Michael Moore should move to Texas and hang out with G.W. Bush on his ranch and talk about their lies.

[chronicthroat]

You are totally confused.

[Bec01]

What value do you provide to our country? And why are you so intimidated by Michael Moore? It must be because he brings to light issues that most people would rather not think about because they have been brain washed by their political party and corporate America. Is that the category you fall under? Just curious.

[timothyone]

I would call you an MFer, but I just thought of something worse. You are a BUSH! That's the worst thing I could call you! BUSH BUSH BUSH You are a BUSH!

[OrganOfThought]

more . on

[indyleftist]

""The implication on Moore's Web site was that our soldiers were somehow responsible for that kid being wounded," Yon's lawyer, John Mason,"

That's not an implication. That's called truth
We invaded the country and instigated a civil war. According to international law the invading country is responsible for all that results from the invasion. Had we not invaded the country of Iraq. That child would not have been killed on that day in that way. There is no argument over that fact

On the lawsuit. I'm not sure how the law works in the case. I would like to think that the photo would fall under the category of "fair-use." I wish someone other than the NYPost covered this story because they don't really tell the important facts of the case. For instance did Moore credit the photographer on his website?

[AmandaBC]

"According to international law the invading country is responsible for all that results from the invasion."

According to the same conventions (Hague 1899 and 1907, Geneva etc.), the US military is guilty of war crimes. Too bad the USofA is soooo conveniently not a signatory of the World Court...

[fairfax8]

Well, have you ever wondered it is that way because Europe is probably the most retarded place ever?

[Drumbum2112]

This entire story is full of Fab ric ations. I tried to post more about the story but I keep getting censored. So look for yourself. Not the first time for this pic or the photographer.

[JulieSA]

It's not full of fab rica tions. Yon has had to go after a lot of people for using his picture without consent, but he's never had to sue before.

[AmandaBC]

That's because he thinks he can pick and choose whom the Fair Use clause of the US Copyright Law applies to... He can't. And that's why his lawsuit will be quickly dismissed.

[Bettysdad]

Why is the possible implication of the photograph being discussed?

Because this is not about a copywright.

It's about Michael Moore.

As you can see from a lot of the posts here, people are just thrilled Moore is being hassled. Nobody gives whatever about the actual issue.

[chronicthroat]

Exactly

[MeltonCartes]

Really. What is it about Moore-bashing? It's this weird knee-jerk reflex, that even some of my liberal friends seem prone to.

I actually think it's some sort of reverse elitism. It's as if Moore, a filmmaker can't be a true blue-collar guy, because he's a filmmaker. His weight and his race also get pulled into these discussions, as if he can't really care about these issues because "he's a fat, white guy."

(Anyone who thinks documentary or independent filmmakers are not "blue-collar" have never schlepped gear on location.)

I don't get it.

And other incidents, like the Gupta snit, ultimately vindicate Moore. I've seen all of his films and the fact that he has a point of view has never gotten in the way of the facts. 60 Minutes has a point-of-view. The question is, do the facts support the point-of-view, and consistently Moore is supported by the facts.

I think a war photojournalist has a place in journalism, society and media. But, give me a break. Your bread and butter is not smiling faces. To paraphrase the title of another documentary, your brand is chaos.

Lastly, like him or hate him, I can't imagine that Moore, a noted filmmaker, and his professional enterprise would be dumb enough to use a photograph without clearance. That's just "stipid."

[OrganOfThought]

well said, you are correct

[lovethesinner]

The man responsible for that photograph being on Michael Moore's website is leaving office in 4 days, 6 hrs, 55 minutes:
http://www.backwardsbush.com/code.php

[sradag]

That's right. It just blows me away that people can be outraged by Moore's use of the picture, but the death of a little girl (and countless others) because of Bush's war doesn't seem to bother them.

[TheHandyman]

That's because those same People were and still are convinced that (A) Iraq was responsible for the WTC and (B) Saddam had WMDs even if we didn't find them. And (C) Michael Moore is a Canadian Terrorist who hates America!

[whosyourdaddy]

Really, Bush uploaded the photo onto Moore's site?

[sradag]

You can't be that ignorant. If Iraq hadn't been invaded, that little girl in the photo would probably be alive.

[goodasitgets]

Of course Bush didn"t upload the photo, he had John Mac do it, with the assistance of Sarah Palin.

[Aubreyautumn]

"The implication on Moore's Web site was that our soldiers were somehow responsible for that kid being wounded," Yon's lawyer, John Mason, told Page Six. "That is absolutely not true. She was the victim of an insurgent's car bomb."

The picture itself may not be what Yon is unhappy about. I believe the misrepresentation of the photo on Moore's site could be the grounds for the suit. Oh Michael Moore. What happened to you?

[superlive]

I think Moore is being obstinate because he is irate that this "photojournalist" is profiting from the death of the Iraqi girl by asserting this copyright. Yon's as much a war-profiteer as any Blackwater mercenary.

[JulieSA]

Moore has made a heck of lot more money off the war than Yon has.

[Drumbum2112]

Yes, like firefighters make a lot of money off of fire and humane tragedy? Like the police make money off of crime? Spining that much has to make you dizzy.

[TheHandyman]

Are you his accountant now? For somebody who knows everything you sure don't know anything.

[Palemoon]

Went and researched this. First, so long as Moore gives the guy credit for taking the photo and makes no money off it, then there's not much Yon can do to be honest. It's akin to Moore giving Yon free advertising for Yon's book, which is where the photograph comes from in the first place.

Yes, Michael Yon is profiting off the war with a book... http://yhst-80051593642880.stores.yahoo.net/autographed-edition-of-michael-yon39s-quotmoment-of-truth-in-iraqqu.html

I say profiting, because he asks for donations on his website, nevermind the fact that the US Military pays 100% of his expenses "in theatre", not the least of which is free internet access via the military anytime he wants it, and need I mention that Yon is best friends with a certain guy named Petraeus? Also, there is a fair amount of propaganda going on with Mr Yon's website. One in which he talks about the social scientist who was set on fire. He claims the Taleban took credit for it while pasting a link as proof. The proof turns out to have nothing to do with that attack and is about an entirely different attack. I guess he just makes up as he goes along, like all neocons.

[JulieSA]

" He claims the Taleban took credit for it while pasting a link as proof. "

No. That link was off of Small Wars Journal, not Yon's site. And they think it was the same attack, but the Taliban exaggerated the details.

"I guess he just makes up as he goes along, like all neocons." Like what? Find one thing that's made up and show me.

As far as Petraeus, Yon's been covering both theaters for 4 years, and he was one of the first to call Iraq a civil war, and the first to try to call attention to the failing situation in Afghanistan. In the course of all this, he did meet and came to have huge respect for Petraeus, and time has shown that Petraeus deserves that respect.

[JulieSA]

You haven't researched it very well. You've completely mischaracterized the site. Go to the beginning and read all four years of stuff. Then you'll have some idea.

[JulieSA]

" He claims the Taleban took credit for it while pasting a link as proof. "

No. That link was off of Small W ars Journal, not Yon's site. And they think it was the same attack, but the Ta liba n exagge rated the details.

"I guess he just makes up as he goes along, like all ne ocons." Like what? Find one thing that's made up and show me.

As far as Petrae us, Yon's been co vering both theaters for 4 years, and he was one of the first to call Ir aq a civil w ar, and the first to try to call attention to the failing situation in Af ghan istan. In the course of all this, he did meet and came to have huge respect for P etra eus, and time has shown that Pet raeu s deserves that respect.

[Soundofthunder]

Yon's summation of Moore's spinning of the photo is full of hot air. Last I checked, there were ZERO car bombings BEFORE the USA invaded Iraq based on cooked intel. Ergo, people dying in those car bombings are, all in all, the fault of the United States, which facilitated and provided a field of combat for insurgents to ply their wares. Our responsibility is not limited to our direct actions but the sequence of events set in motion by those actions.

One does not have the pleasure of disavowing an avalanche as an act of God, if one shot a cannon into the side of the mountain.

SOT

[edg1]

Under DCMA all the photographer had to do was send an email to the company hosting Moore's website and poof, the photo would be gone. This sounds like political grandstanding by the photographer, who seems to be yet another conservative jealous of Michael Moore's success.

[rasit]

I think the photographer seems to have tried to get in touch with Moore for seven months...No response....then you do, what you have to do....

[Drumbum2112]

None of the pictures on MM website have ever been posted for 7 months.
Yon sued the US army ovre this shot, he "deals with copyright infringement all the time yet he has never sued anyone in his life?
This story is garbage. I encourave all you MM haters to "hit the paypal button" and send all you can.

[MsAttitude]

He did that back in June.

[TheHandyman]

If he had done that, the web hosting company would have removed the website if the picture was not removed. So either the photographer didn't do it in spite of what you say, you don't understand what edg1 wrote, or the web hoster decided that the picture had a legal right to be posted. See, that is how one thinks logically which seems to be something a lot of people here were never taught.