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

[NH]

Michael is a very courageous, talented, strong, compassionate, responsible and intelligent guy. He is probably very aware that one reason the Iraq war has drawn on so long is that the Bush administration was quite aware how the pictures of the carnage of the Viet-Nam war were a potent force in turning us (the American people) against that war. So, if I were Michael I would just let this photographer sue him, drag it out, give the issue plenty of publicity, have the picture seared into the hearts of more and more people and let them reflect on who is ultimately responsible for the little girl's death, on whether or not, as this photographer seems to suggest, we have only minor or negligible culpability for it.

[FZliveson]

The logic is okay. But the court system should not be bothered with tantrums.
This is pathetic. In a world where "honor" gets discussed so much, there sure
is a shortage of it where the rubber meets the road.

[Drumbum2112]

This will never see a courtroom, no charges will ever be made. This is a publicity stunt to feed the wingnuts who love to hate Moore for exposing thier lies, nothing more!

[thaneb]

But the tactics you are suggesting or approving (drag out in the courts or spin the facts) are used by those you decry. Do not lower yourself to their level.

[Drumbum2112]

This guy is lieing theough his teeth!

"Last year the photo was all over the web, credited to AP/US Army: Major Dave Bieger cradling Farah, the young girl killed by terrorists. But the photographer was Mike Yon, and he didn't authorize the release. Now, according to the Chicago-area Daily Southtown, Mike Yon is preparing a copyright infringement lawsuit:"

He tried to sue the Army for releasing the same photo. They told him that he had signed a waiver that prevented him form suing them. So "I never sued anyone" is a complete lie. So is the background story on this picture! More right wing distortions and lies.

[GuyFawkes]

As Paul Krugman said in slamming Sanjay Gupta in defending Saint Michael: it's about "accountability".

What will Paul Krugman say about this?

[BlackWidowPilot]

Ask Paul Krugman.

Sanjay Gupta was wrong, proven wrong, and wrong in a manner unbecoming to a supposed man of science (ie., an M.D.).

Leland R. Erickson

Citizen

[SaratogaJoe]

He's lost ..... A conservative pretending to be a Dem because it's fashionable now.

We need to purge these frauds from the party!

[SaratogaJoe]

Blue dog/DLC idjit alert!!

Funny how you phoneys actually think you matter.

[Soundofthunder]

First of all, its a lawsuit over a photo, not pervasive LYING. Second, you and the rest of the Moore-haters have already found for the plaintiff, Yon. Thankfully, Moore has a court system to rely on, instead of the Internet lyn. ch mob.

SOT

[PlanetKansas]

Too many cameras and not enough food...

[TallGrrl]

...Driven to Tears.

[Nikola Tesla]

How VERY Poignant.

[AurigaRa]

sorry - you'll get no money from me.

Sure Michael should take care of this. I'd like to hear from him before casting aspersions.

Michael Moore was one of the few Americans with clout who stood up to the Bush Crime Family,

I'll bet the one who said , drive a stake thru his heart , is right wing all the way.

[longnow]

Want to know what i hope Moore's next movie is about?
RIGHT WING RADIO? RUSH LIMBAUGH? SEAN INHUMANNITY?
John Ziegliar?
One can only freaking audaciously hope.

[hjfraser2002]

Yes, the power they hold and how they use it to deceive the masses. The gereat loss of the forth estate.

[MeltonCartes]

Don't forget the "fair-use" exceptions in copyright law, such as news and education purposes. Mr. Yon simply wants money, that's why he's selling a book with the same image on the cover.

Mr. Moore wants to end a war.

[JulieSA]

Moore has made far more money off of Fahrenheit 911 than Yon has off of his book.

[Drumbum2112]

And pizza does not have feathers on it.

[Rivermont]

MM wants "Money, money, money, money."

[BlackWidowPilot]

Is that all he wants?

Got proof?

Do share.

Leland R. Erickson

Citizen

[thaneb]

I do think Moore's use is educational, however there is more to determination of fair use. If the photo was used in its entirety this may not fall under the fair use exception. Also, Mr Yon is a professional photographer. Please consider that you are denying him the right to reap the fruits of his labor because of your respect for Mr. Moore. Is that fair?

[kelcuk]

Michael, I'm a big fan of yours but publishing any photograph without first obtaining permission from the creator is a big no no and probably a violation of federal copyright law. The person responsible for maintaining/updating/designing your website should know this. Their head needs to roll! After taking this action, negotiate a fee with the photographer and pay up. If he is reasonable, he will accept a usage fee based on time displayed, size on the site, etc. If he accepts this, throw him a bonus on top of the agreed upon fee for not getting lawyers involved...

[jbeach]

It's called FAIR USE.

As long as Moore isn't making any money from using the pic on his website - which he is not, Moore doesn't even have ad banners - then it's covered by the Fair Use exception to copyright law.

[Rivermont]

Well excuse us, Judge jbeach.

[thaneb]

That is not so clear in the case of a photograph such as this. There are 4 parts to the determination of fair use. Part three could pose a problem for Moore: 3)the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
The copyrighted work is the photo and was apparently used in its entirety (correct me if I'm wrong in this). Thus Moore's use would fail under part 3.

[jsfox]

My guess this does not fall under the fair use doctrine. four factors to be considered.

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work;

3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value of the copyrighted work.

My guess is Michael should have recv'd permission especially given his web site is not for educational purposes nor is it a not for profit.

Moore's attorney will advise him to settle

[kelcuk]

The previous posters are correct regarding Fair Use. I'm sure it was an oversight but Michael should pay the photographer and call it a day.

[AliLiz]

Thought Mr Yon's photo was taken and shared because of the message it sent.

Guess Mr. Yon took it for money. Didn't you get enough for one photo...$ and fame? This is an example of American greed...forget the message...just give me the money. If you don't , I'll sue. How American!

And Mr Moore...give credit where credit is due...Yon's name under photo would have been nice [or was it there?]

[thaneb]

I disagree. Mr. Yon has a right to make a living. He is a professional photographer. By definition, yes-he took the photograph for money. Do you live in a world where everything is free and/or given to you?

[TheInsomniac]

And Michael Moore has done absolutely nothing to prevent Mr. Yon from making his money. Nor has he profited off the photo himself.

[jukesgrrl]

Obviously you're not a professional artist. They don't work just to "send messages." They have to eat and pay rent.

[TheInsomniac]

Is is on the photo. It says clearly Michael Yon (c)

[veracity]

I'm with Mr. Moore on this one. DID THE PHOTOGRAPHER GET CONSENT from the CHILD'S PARENTS beofre EARNING MONEY from their soon-to-be-DEAD BABY ??

(I won't eat my words even if by chance he did!)

While I am a HUGE fan of Combat photographers (THE BEST single book on the Vietnam War I could recommend is "REQUIEM" - every photo in this magnificent album shot by a photographer before he was killed in that war) - at some point you have to acknowledge "I have been paid [by media when that photo first gets national attention] for my photos, but there comes a line where I AM PROFITING from OTHER PEOPLE's MISERY, and we all have a debt to humanity that needs paying."

Just how much profit does the photog think Moore made from using the photo on his blog ?

[susierr]

Does this mean that every single photo everyone (regular citizens, teenagers, etc.) posts on their "MySpace" pages (or other social networking pages) can all be sued? Just wondering.

[JulieSA]

No.

[jbeach]

They probably can't be sued, even if it were logistically possible to sue them. You're exactly right.

Moore's case pretty firmly falls under the "Fair Use" exception, and those other photos do also.

[thaneb]

Obviously if they take the photos themselves they can't be sued. That is unless there is a person in the photo who has a claim to right of publicity and from whom no release was garnered. On a non-commercial site I am not sure if the right of publicity even applies. If there are copyrighted works in the scene there might be a claim unless there is a free use exception or some other defense in copyright law.

[FrankenPC]

Sorry Michael. I love your work. But, I really disagree with people who ignore legal inquiry's. It's admission of guilt.

[jbeach]

You're wrong.

It's called Fair Use.

[Drumbum2112]

This will never see a courtroom, no charges will ever be made. This is a publicity stunt to feed the wingnuts who love to hate Moore for exposing thier lies, nothing more!

[solarian]

does yon have written realse forms I doubt it

[Drumbum2112]

The US army released that photo and Yon tried to sue them for it.

[RobinSeattle]

Copyright laws Michael. Look into it.

[jbeach]

It's called "Fair Use". YOU should look into it.

[jukesgrrl]

You're so enthusiastic about YOUR interpretation of "Fair Use." Can we infer that you have a Website up filled with stolen images?

[longnow]

Except that is not the implication of the photo.