Bloggers Unite To Support Michael Yon
Michael Yon is embroiled in an increasingly bitter battle with the US Army over one of his most gripping combat photos. Here is the backstory,
Boston Herald: Blogger battles Army
Michael Yon, a former soldier and an embedded blogger journalist in Iraq, took what some consider one of the more famous photos of the war last May �?? of a U.S. GI cradling a dying Iraqi girl.
The U.S. Army later released the photo, which was flashed around the world and prominently displayed by newspapers, broadcast stations and Web sites.
But Yon, who uses Massachusetts as his blogger base of operations, said he never intended to allow the Army to distribute the photo to commercial operations and he�??s now seeking damages. He said he may file a lawsuit within days, claiming thousands of dollars in damages.
�??I never authorized this distribution and immediately asked the Army to stop it,�?� Yon recently wrote Kennedy, the senior Massachusetts senator and a member of the U.S. Senate�??s Armed Services Committee.
In a written reply to Yon last fall, a U.S. Army attorney countered that Yon had signed a �??hold harmless�?� waiver that absolved the government of responsibility for any �??injury�?? Yon might suffer as an embedded blogger.
The army also said that Yon uploaded his photo onto government computer servers, creating an �??implied license�?� agreement for the Army to distribute the photo.
I’m no Eugene Volokh, and I won’t pretend to understand all of the copyright issues here. But I do know this, no citizen journalist or MSM journalist has done more to give an honest, balanced assessment of the US Army in Iraq than Michael Yon.
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Iraq, Law, Michael Yon | Kevin | 
February 2, 2006 11:56 am
I’m no law expert, but I AM an artist and that sure looks like a ©Michael Yon in the right hand corner of the photo to me.
I hope Mr. Yon will release this photo into the public domain. It is both powerfully compelling and deeply unsettling, almost a focal point for the difference between the good guys and the bad guys.
If Mr. Yon wants to name his price to release this, perhaps we could all contribute a little towards that goal. I realise this is about principle and not money, but I think this is one of the important photos of this generation and would like to see it reprinted far and wide.
Michael:
I am happy to help out, please contact me
Bill Patry
Sis,
You mean the photo on his own site, where you would expect it to be properly attributed?
Or are you saying that it sure looks like he retained copyright?
I have heard that the photo was also attributed to someone else by the Army. I assumed you knew about that, but, perhaps not. Here is a link:
http://www.mudvillegazette.com/archives/004121.html (hope the link works)
[...] If you don’t know who he is you should. And he is in need of a bit of support here. I don’t know the legal applications of what is going on, but he has done incredible work, and should be treated better. [...]
Yes, the one on his site, anomdebus. And thank you, no. (Link worked dandy) I hadn’t heard about releasing it as an “Army” photo, which is truly egregious.
“Instead, they put it on the news wires, originally attributing it only as a U.S. Army photo without Yon’s name.”
That’s completely unsat. There’s a pretty clear rule in the copyright law (which I use frequently) that says an artist retains the sole rights to his/her work as upon it’s creation and can only be transferred to another BY the artist, unless the work is produced under a contract the specifically SAYS the work produced is the property of the other party.
As I said,I’m not a legal mind by any stretch, but I do know how to protect what’s mine. For instance, the Pulitzer Prize winner of the “Marlboro Man” from…was it last year? Anyway, the embed photographer got the Pulitzer, not the Marine Corps.
No matter who wins this contest, Yon’s chances of ever being embedded with the U.S. Army will be cut down to slim and none.
Several in the Army already see him as a risk because of the incident of him picking up a weapon during a firefight.
Maybe the Marines will let him join up with them. They tend to not be so picky.
Papa Ray
West Texas
USA
Papa Ray,
Nobody has given the Army a fairer shake in Iraq than Michael Yon. For them to do this, and hold it against him if he wants to embed again, would be a crime. A crime against our troops who are starved for the type of balanced coverage Yon delivered, and a crime for those of us back here in the states who know we are being done a disservice by the MSM and their agenda driven jihad against this war and everyone connected to it.
I simply refuse to believe the Army, which is constantly complaining about biases and unbalanced coverage, would want to keep Yon from reporting from the front lines.
If you are correct, what does it say about their understanding of this as an information war? Not much I’m afraid. Our soldiers deserve better, and so do news consumers who support this war.
Kevin
Sounds like a low-level (ie middle-management) screw-up to me — heaven knowns I’ve had more than my share of these in the field of research.
A low-level paper-pushing idiot trying to steal credit for something someone else did — not the first time it happened, not the last either.
The Army is a big organization — idiots always exist in big organizations, to the rage and fustration of people who just want to Get Things Done.
If we send enough emails, that will help the process along.
Kevin
Perhaps a few emails to the Joint chiefs of Staff would be appropriate, pointing out the contrast between the current cartoon they are
upset about and the GOOD PR that Michael Yon has provided, and asking why they are _allowing_
a burecratid pissant to screw over one of the few good reporters to work in the theatre.
I suspect it would take less than 24 hours for the JCS to get answers about this travesty.
I sent an email to General Brooks earlier today in support of Michael Yon. General Brooks, or possibly someone from his staff, was kind enough to respond. The response was complimentary to Michael Yon. I hope this can be resolved to both parties’ satisfaction. Thanks for alerting us to this story.
“Snatching defeat from the jaws of victory” is the phrase that sticks in my head.
If this is an example of the work that the U.S. Army is presently doing in Iraq, then we sent the wrong damn army!
I sent a message to Gen. Brooks expressing at some length my outrage at how Mr. Yon was being treated, and my beleif that the Army’s actions represented misappropriation of his work. I ending with the comment: “And thus his treatment by the Army is a disgrace to its own traditions of fairness, honor, and protection of those who labor with you in the service of good.”
The reply I recieved was certainly less than satisfactory. Here it is in whole:
“Thanks for the note and thanks for your acknowledgement of our traditions, to which we still hold.”
Nothing addressing the issue at hand at all. A piece of boilerplate, pure and simple. I’m beginging to suspect that the tradition Gen. Brooks (or which ever member of his staff answers the e-mail) holds to is that of the REMF… Grrrrrrr
I sent the following to the Army guys mentioned above:
Sir:
Common sense dictates negotiating a settlement with Michael Yon over his picture as quickly as possible. He has done more for the US military in the media than anyone else because he has been the key blogger or citizen journalist to break the monopoly of the mainstream media’s negative reporting. He has done it so dramatically that Bruce Willis is going to make a motion picture about the ‘Duce -Four’ in Mosul where Michael Yon was embedded.
I blog (www.yankeewomabt.com) about the falsifications of the mainstream media and resolutely support the troops and the efforts of Michael Yon and other citizen journalists. I’m a retired media studies professor who has watched in fury as the media have assaulted our efforts, lied and ignored the truth in Iraq. I’ve been watching the media do this since Tet in Vietnam and I am thoroughly sick of it. Aren’t you? It absolutely sickens me to see the military shooting itself in the foot. He paid his own way to help you out and succeeded beyond anyone’s wildest dreams. Don’t do this to him.
If you are actually interested in how and why blogs are important and why Michael Yon is not just some insignificant guy with a computer read my essay from well before this incident on Yon and others at: http://www.yankeewombat.com/?p=7
Lorenz J Gude
Just When You Think There’s Hope…
Everyone who has been in the military knows the frustration that comes from trying to accomplish the mission while fighting off idiots who are supposed to be on your side. Michael Yon is one of the stars of Iraq reporting….
You know what this is? This is someone who has nine jobs, one of which is “run that website thing”. They finding a cool photo, and (like many people these days) don’t really understand how copyright works, so they post it without bothering to secure copyright. And, because of the way copyright law is written, the copyright holder literally has no recourse other than legal action. A polite letter is not considered a strong enough defense of copyright–if you don’t Unleash The Fucking Fury right from the get-go, then you can’t defend anything that you’ve copyrighted.
People, be aware of the situation before you Get Your War On. I can understand the impulse, though. Nothing like a good hard jolt of Righteous Indignation, eh? Clears the pipes better than a good hard suckoff.
MY LETTER TO BG BROOKS AND HIS REPLY BELOW.
Dear General Brooks,
First off, let me establish some bona fides: I am a 1982 DMG RA Commission in Armor/Cavalry from University of Florida, graduate US Army Ranger School Class 3/4-83, 9 year veteran with cavalry platoon, armor company command, battalion staff, Brigade S3, etc. Father: USMA ‘46, both Grandfathers USMA ‘19, 20, Great Grandfather, USMA 1897, Uncles, cousins,etc., all USMA. “Beat Navy” were my first publicly spoken words at age 2 in the Catholic chapel at West Point (right in the middle of Father McCormick’s homily!). I am as dyed-in-the-wool pro-military, pro-soldier and pro-US Army as you wiill ever find. I say this to alert you to the fact that this letter comes from an old soldier speaking to a fellow soldier, though I have been a civilian for 15 years. I know that you have placed your sons in harm’s way and I value your sacrifice. I still love our soldiers, and I am so proud of them and the work they are doing on behalf of me and mine and our republic. I know, as you do, that their story is never told well, if at all, and that those who both love the soldier AND speak on their behalf in the media are rare and should be treasured.
I have been privileged to have read Michael Yon’s work, seen his stunning photographs and am proud to have even corresponded with him from time to time (mainly about our shared alma mater and the Florida Gators). I am flabbergasted that the US Army has chosen to make Michael Yon a target for both maltreatment regarding his excellent and award-winning photgraph of Major Dave Bieger and Farah, as well as placing obstacles to his return to the Iraqi theater. I am unsure if you have followed Michael’s work, but you will not find a more clear and unambiguous supporter of the soldiers and Marines on duty in Iraq in any publication or mediume extant. Michael is an ex-operator, so he doesn’t punch out jingo-istic propaganda, but paints stunningly accurate portraits of the type of men and women you and I both know comprise our armed forces, but whose stories are seldom, if ever, told. His sories of the Deuce-Four were told with such beuty and realism that I found my palms sweating, I was so engrossed.
Sir, I know that I only see this issue from the perspective of those who love and appreciate Michael’s work. There may be another side, but it certainly seems as if the US Army position as I have seen it directly quoted seems very narrowly constructed and gives little acknowledgment to the powerful impact Michael has had praising our armed forces. Frankly, it seems like it was drawn up by some JAG “Garrit-trooper” and endorsed by others of that ilk. Michael has smelled the cordite and camo-stick, on duty and even more amazingly, as a civilian. Why does he undertake such hazardous duty? Because he loves soldiers and wants the world to see them in their powerful glory and in their tender humanity. His picture of Major Bieger was the most moving picture I think I have ever seen. It captures everything that you and I know about the Army, and the story of the people who are in it. Do not deny him the credit for having taken such risks to himself and his family, just to tell that story.
I hope the US Army will reconsider it;s stance on the matter at hand, acknowledge the work as Michael’s and further allow him to return to doing the job few others have the temerity or the talent to do.
Sincerely,
DWP
Knoxville, TN
HIS REPLY RECEIVED WITHIN 1 HOUR OF MY MESSAGE
Thanks for the note. Thanks for your service and the service of your
family. [PERSONAL OBSERVATIONS FOR ME OMITTED]
It is an important issue to address and as you might imagine it is
complicated. Keep up your support of Michael Yon because he has performed a
great service, to be sure. But keep up your support of the Army you’re a
part of too. We’ll sort this out.
END OF BG BROOKS REPLY
G8rRanger,
Thanks for sharing your correspondence with Gen Brooks. Many dozens, if not hundreds of others have emailed him as well. It would be a great thing if we can do something for Michael who has done so much for us.
Thanks.
Kevin
[...] Someone up top with an ounce of grey matter needs to fix things. Now. This is incomprehensible. PunditReview is calling on the blogosphere to unite to support Yon. I can’t agree more. Here are a couple of email addresses: [...]
Hi Kevin, Thank you for alerting me that there was some way for us to try to help Mike on this issue. I knew a little of what was going on. Emails are out and if I get a reply I will pass it along.
Thanks.
IN OTHER NEWS
Tom Bevan at Real Clear Politics is on top of the southern border incursion disaster and the war on the border that Washington doesn’t want to fight. Bryan Preston at Junkyard Blog reports on a Dallas PBS station kowtowing to…
Wow! You even have Michelle Malkin in on this. Now I know we will get some attention. I’m still going to write my little two-bits anyway! lol.
Disclaimer: I Am Not A Lawyer.
Since when does a “hold harmless” clause allow one party to act in direct conflict of the interests of the other party? That seems to me like a construction crew hiring an arsonist to torch their work as soon as it’s done.
Oh the Irony
Journalist and Blogger Michael Yon has consistently been one of the most strident voices in support of our Troops and the marvelous things they do in Iraq that don’t get reported elsewhere. You know the old saying don’t sh*t where…
[...] From Michael Yon, Saturday, February 4th, 2006 Copyright Dispute Resolved Thousands of readers might have learned about it from Jay Fitzgerald??s piece in Tuesday??s Boston Herald. Maybe it was the article Dan Lavoie wrote for last Sunday??s Southtown Free Press, or the press release issued by the Reporters Committee for Freedom of the Press. Or when Kevin Whalen at Pundit Review called for blogger arms in an intransigent dispute with the Army over intellectual property rights. The growing volume of these voices gained the attention of people who could resolve the conflict. [...]
[...] Michael Yon, about whom I’ve blogged before here got into a tug of war with the Army over ownership of a photo of an American soldier, Major Bieger, holding Farah, an little Iraqi girl wounded by a car bomb, who later died of her wounds. You can see it here. Since his embed with the Duce Four he has gotten back to Iraq briefly but evidently has had trouble re-embedding. We don’t know the story behind that but reading between the lines it is hard not to think that someone has been putting difficulties in his way. It has been about 3 months since he has been able to report as he wants, embedded with an active unit, and we, his readers, have been waiting patiently for him to sort out his difficulties with the Army. So when this conflict over the picture came out in the open we were ready to intervene. Punditreview appealed for our support and provided a couple of e-mail addresses to whom we could e-mail if so inclined. I was and I did. I’m sure they got a lot of others like it, but in the comments the Punditreview appeal there is a letter from a man with a strong military background who’s that carries a lot more weight than mine. Here is a lengthy excerpt: I still love our soldiers, and I am so proud of them and the work they are doing on behalf of me and mine and our republic. I know, as you do, that their story is never told well, if at all, and that those who both love the soldier AND speak on their behalf in the media are rare and should be treasured. [...]
Bloggers fight the U.S. Army, win
The Boston Herald’s Jay Fitzgerald wrote today: “Bay State blogger Michael Yon is claiming victory over the U.S. Army in a battle over copyright to a famous photo of an Iraqi girl who was mortally wounded in a terrorist attack last May.”
this photo brings tears to my eyes every time i think about it or see it. i seen this photo when it came out , i was a civy then . this photo changed my life in a major way. i have a 2 yaer old son who lives with his mother, when i seen this picture i thought of my son being carried out of a building from a attact on our country.i new what i wanted to do . i left a great paying job and enlisted in the US ARMY. i am a infantry soldier with the unit that carried that little girl out. i did not know about this unit , i was put with it and later found out about the history. these are good soldiers and no one will ever take it away from them. im proud of my decision and hope that my doind this no one here in this great nation we live in will never have to go through losing a child due to a terrist attact here on our homeland. god bless 25th id.
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