If you ever quote news stories here in your blog (as I do), you should take the time to read today's Opinionator blog at the New York Times, titled "Steal This Professionally Reported Content," in which a recent controversy discussed all over traditional media and the blogosophere is dissected in succinct form (with money quotes from all interested parties and informed commentators).
The Set-up: WashPo (that's Washington Post to all you new media slowbies) reporter Ian Shapira wrote a 1,500 word piece on "generational guru" Anne Loehr that was picked up by Gawker writer Hamilton Nolan who repackaged it as " 'Generational Consultant' Holds America's Fakest Job" and garnered tens of thousands of viewer hits for his version.
The twist: Shapira is at first thrilled that he "got picked up" by the blogosophere (the new merit badge of journalism), only to have his editor respond, "They stole your story. Where’s your outrage, man?"
On reflection, Shapira gets in touch with that, including the fact that Nolan could cherrypick the best parts of his article, throw in a healthy dose of sarcasm and opinion (that Shapira avoided in his straight-ahead reporting) and, in effect, get all the glory. Kind of like when you tell a friend a joke in the car on the way to a party, only to have said friend tell it at the party to great laughter, getting all the attention for being funny.
Only imagine that instead of it being merely a joke you'd also heard from someone else, you had spent many hours researching and crafting the joke yourself. Wouldn't you feel a tad, well, ripped off?
As the old and new media duke it out, these kinds of issues are going to continue to rear their ugly heads. Old media feels they still do the classic "shoe leather" work of reporting, and must abide by journalistic standards while new media just eavesdrops, skims the cream and gets the crowd laughing by telling a story they overheard. In response, the new media argues that bloggers improve news content by adding opinion, insight and commentary that most journalists have to abstain from.
I think this is an important issue to discuss at OS because many of us steal/improve traditional news stories. I could be considered guilty of it, although I generally use a news story as a jumping off point for my own (sometimes only loosely related) opinions and ideas (as in my recent post on porn, or this one on infidelity). When I first started blogging here, I actually emailed the editors to ask what the fair use guidelines were and got no response, nor are there any guidelines in any of the OS Help or FAQ sections (which is why I emailed the editors).
Left to my own devices, I've tried to follow general fair use guidelines as I understand them (limiting what you quote directly, attributing it to the source, and making sure you add to the material in some way to change it and make it your own).
But often people here on OS quote articles in their entirety or nearly so, sometimes with little or no commentary added, and at times even with no clear attribution (or only at the very end, which means you may think it's the blogger's work until that point -- assuming you read to the end). I've found it surprising that the editors are so comfortable with this, although the NYT column makes it clear that such behavior is becoming rampant in the blogosphere.
I'm curious how others here see this issue and hope you'll weigh in with comments.
Are we thieves? Or are we opinion columnists?


Salon.com
Comments
This said. Not just good form, but appropriate appreciation is shown in making it very clear you're quoting/borrowing from someone else.
This is a topic that is useful to bring up. I don't want to unncessarily limit what I put up, nor, in my innocence, to over-step "the limits."
I think the real problem is bloggers who think their mere opinions make them journalists. There seems to be a lot of confusion on that in the blogosphere. At best, they're synthesizers of facts already reported, kinda like most of the talking heads on the political networks.
you raise an important issue, silk, whenever I see a post that's little more than a cut-and-paste of someone else's content, my thought is why dodin't they just provide a link?
if the most important part of life is hunger, then, the original writer, that plodded and worked to appease something, somebody, through that piece will be disappointed rightly for not getting what he/she thought of as their due
If decency and fairplay be an important consideration, giving other people due respect even while you build on the bricks laid by them, is in order
there cannot be one right or wrong, straight answer to this - except decency at all times . but then we rape, wage wars, lust, hit - are we huanimals decent?
Which doesn't mean there is no concept of manners. Plagiarism and lack of attribution can actually run up against laws regarding such things even online. Because misbehaviour can affect our webhosts, ISPs and so on, the idiots get 'sorted' fairly quickly : it's just that most don't follow forums which review blogging behaviour...a much more immediate concern.
Here's a note from my 'Law' section at http://my.opera.com/oldephartte/links/
http://www.avivadirectory.com/blogger-law/
On the internet anyone and everyone is an instant authority and writer. Used to be you had to at least buy a newspaper or something, and that took some effort - unlike blogging. This is more like a visual telephone than any other type of medium, and so it's often "yak, yak, yak....about nothing."
I think I said way too much but yet not enough. That kind of a night. Oh god, it's morning. That explains it.
Copying and pasting an entire article for your own gain is shoddy at best. But news is meant to be commented on. As bloggers, we do get the freedom to "report" the way we see it. This is perhaps the biggest issue.
So while this may an issue for those who blog for a living or have high profiles, for the vast majority it's basically taking what you hear around the water cooler and putting it down on paper, and calling that stealing is disingenuous .
But in the end, he would have been happier not to have been "ripped off" and be unread than to have been ripped off and be read?
If you say it's your story and it's not, then, yes, it's stealing. It's not that new. Just ask any of my composition classes. They plagiarize all the damn time.
What bloggers USUALLY do (and what Glenn Greenwald, as one example, does exceptionally well) is take a variety of reporting on a single subject, and condense it into a more cohesive whole. They take stories from a variety of sources, and point out the common threads, and the disparate elements. They don't repackage a singular piece of MSM journalism ... they condense a wide range of MSM work into a single cohesive whole.
I think what we do as bloggers is little different from what opinion and commentary writers in newspapers do, and we should follow similar rules. An editorialist isn't allowed to do what Nolan did ... they are usually forced to include at least a few sources in their piece. Likewise, bloggers who lift a single piece (especially one that might represent a "scoop") and use that as the basis for their own opinion are committing a violation of ethics IMO.
So, while I think the whole question of blogging/reporting plagiarism is important, and you're all doing a great job thinking about it, I think journalism needs to clean up its own house and stop relying on "press releases" instead of going after a story themselves.
So, sure, it’s natural that there is frustration on the part of the old media with the blogosphere, and it’s only to be expected that there will be tension as everyone jockeys for position and feels out where the boundaries lie. In the end, though, the basic rules of news stories should apply, which includes giving credit where credit is due and not passing someone else’s work off as your own.
In a way, pieces picked up on the web are kind of like stories written by reporters being picked up by the Associated Press for use by member newspapers. There are, however, two big differences between the AP model and the Internet. The first is that with the AP, the bylines and photo credits remain with the person who generated the content or image. The second is that the AP is a cooperative venture and everyone makes a bit of money with the same content. It’s not that way on the web.
In order for journalism to flourish on the web, someone, somewhere is going to have to figure out how everyone will make money from it.
But, generally speaking I think we need to use the same basic guidelines that were hammered at us in high school composition, in college writing and by instructors/professors assigning term papers concerning plagerism. If you quote it; attribute it! Put it in quotes! Then launch on comment, satire, derision, mockery, opinion or whatever else you'd like.
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I deliberately left my own POV out of the above post because I wanted others to weigh in first. And basically, almost everyone has said what I feel: that there is plagiarism or near-plagiarism, and then there is using a news story as a jumping off point for one's own ideas or opinions, and those are 2 very different things. I make that distinction as well, and try to do only the latter, which seems to be both fair game and useful/interesting, while the former is questionable.
That said, I did appreciate the comparison to AP. People quoted on this matter in NYT blog I linked also made the point that sites like The Daily Beast or HuffPo are the new AP, in that they aggregate and highlight stories for readers who are drowning in a sea of content (both professional and "amateur"). Journalists are of mixed feelings about that -- as in this case, when Shapira was at first thrilled to be "picked up" by Gawker vs. his piece quickly being buried as just a WashPo item. I liked the comment (in NYT blog) by someone that his ambivalence nicely symbolizes the mixed feelings about this new way of doing things. That's probably why this incident has gotten some play.
I also agree with those here who said this is the new normal and everyone in journalism should adjust to it. I think many are, which is why newspapers have so many blogs and other online-only features, and use Twitter, etc.
But there is a bottom line, which is that if there is no longer money to support paid professional journalism, where will all that content go? And let's face it, folks, pro journalists at good newspapers and mags etc do work that none of us do, using standards that none of us fully (or often even partially) adhere to. If we lose good journalism, we've really lost something.
The fact that there is much shoddy paid journalism, or as Lorraine rightly points out, passing on of press releases with no fact-checking, does not erase the fact that there are still great reporters out there doing critical work that is in most people's opinion essential to a democracy and an informed public. Yes, there are citizen journalists, and they can often play a valuable role, but it's not the same.
My own hope is that the "old" media and that level of professional working in it can survive, and that we can co-exist in this new paradigm. I think it's all in the process of being sorted out, and it's hard to say what's going to happen. In the process, we're going to lose -- hell, we've already lost -- some excellent publications and writers. But there is no change without some carnage.
I'll respond to some specific points you all made in next Comment.
I'll also second Lyle's observation. This is what good bloggers do. And for that matter, it's what good print journalists do, too, and I think it used to be called "analysis". We don't see nearly enough of that these days. When I do a serious news-related blog post (not that I do that very often, or very well), this is what I'm shooting for. Of course, it's also possible to think of the result as just another random person's opinion, but a good deal of work and thought can go into it.
(By the way, Silkstone, I liked this post a lot, even though it's not about sex. :-)
I have a friend who teaches community college English and every year she gives a handout explaining what plagiarism is, how they should handle research in their papers, etc. And every year, there are quite a few students who break the rules -- some thinking they can get away with it, but what's more disturbing, there are an increasing number who literally don't understand the difference between using research to create your own content vs. plagiarizing. They honestly don't get it, including how you transform information you gather into original thinking.
And I think that's in part a generational difference that is only growing. When you grow up downloading music and video for free and getting most written content for free online, and forwarding everything on email without necessarily verifying or quoting the true source, it all starts to get a bit blurry, doncha think??
Steve, I think that the work various OSers have done to make up unofficial guidelines here is great. I'm just rather shocked that there are no official ones, especially on this issue. I've certainly seen them on other online sites (e.g., a "quote no more than 2 paragraphs even with attribution" rule) because there are legal repercussions for the site itself. I would think Salon would want to protect itself.
James, I completely agree with this: "I think the real problem is bloggers who think their mere opinions make them journalists. There seems to be a lot of confusion on that in the blogosphere." Yup!!
Marcelle, your 20% rule is a nice one. It's hard to pin this kind of thing down to quantifiable, measurable standards, and yet it seems that's what some folks need, since a qualitative standard is more elusive and subjective.
John, thanks so much for the legal links! I'm going to look at those when I have a bit more time later. I think I read that a blogger was just sued for something like this, but also that she won her case.
Cindy, no one does it like Jon Stewart!
Grif, having spent a fair bit of time in academia, I have a similar reaction as you do to the carelessness I often see around this issue. I notice other people with an academic background commented similarly here. It seems so obvious from that perspective -- what's intriguing is that it's not at all obvious to many others.
Lainey, your comments made me laugh several times! Whatever was going on, it made you hilarious. As you can tell from the long comment I just posted above, I agree with you about the sorting process and loss that is occurring. The 24 hour rule sounds very sensible, but realistically it will never happen. Even the "old media" don't abide by exclusivity any more, but steal each other's stories if they can. It's almost impossible for anything to be truly "exclusive" for more than a nanosecond these days.
GJI Penguin, you make a good point that there is some possible culpability in how traditional media has operated (esp book publishing, per your example). Same thing with record co's and downloading. But does the punishment exceed the crime?? I guess we'll see....
Harry, I would never lump all bloggers together. For one thing, it would make a huge gooey unsightly mess. But mostly because you're right - there is an enormous range in blogs, just as there is even in professional journalism. For purposes of this discussion, I'm going high level and general, as did the source I am riffing from.
Neil, ha!
Lyle, I agree with Stellaa - you make some really good points. And I think your dissection of what Nolan did and why it's different is right. I strongly disagree, though, that using only one source for an opinion piece is a violation of ethics. I think anything goes in opinion pieces as long as you make it clear what you're doing. So you don't pretend to have more facts than you do, you give attribution/links for the facts you quote, etc. I see nothing wrong with writing an opinion piece based on a single source of information, whether it's a news story or a fact you read in a government report, as long as it's clear that's what you're doing. I think many good writers can riff and expound on a single fact or idea, and that opinion pieces by their nature are meant to be understood as that writer's opinion unless they are stating things as being facts. Perhaps the issue is more that much of the public has trouble distinguishing between opinion and reporting -- which would explain the faith many have in Fox News.
FLW/Lorraine, as mentioned in other comment, agree with you about press releases and other ways in which journalists need to "clean up their act". There's room all round for improvement.
Maria, as noted in other comment, I liked both your AP analogy and your dinner party one! well said.
I also like your identification of "analysis," as separate from both opinion and straight reporting. I also highly value analysis, which I think is often an unsung aspect of journalism despite being one of the most valuable when done well. I really appreciate having someone present me with a variety of viewpoints, fairly represented, on a given issue.
There are many things both journalists and bloggers can do, and they all have value, but the terms of a piece are not always adequately distinguished by the writer (especially by bloggers, but also MSM etc - see my potshot at Fox News). Smart readers can figure it out on their own, but not all readers are as smart as we are on OS!
That would be my approach, too. That seems to be the standard the old media is operating by, after all, so I don't think they can complain if we adopt it. While copy/pasting an entire story is something I avoid, I think the excerpts I use are warranted as long as I add commentary or put them in a new context. And I always link to my sources, so hopefully my use of their reporting will send some traffic their way which they would otherwise have missed.
My point here is that journalism is dead as we knew it. People worry about the demise of print media, but what is lost is the veracity of the press. No longer able to afford costly news bureaus abroad, they have to cannibalize each other. There's still Reuters and other news service folks who hire stringers to report from Iraq and Afghanistan and other dangerous ground. In the US we are still arguing about what is torture and all of the debating doesn't allow us to go forward, tell it like it is and ban it. TV news is now busy, focusing instead on personal inter-network news wars. (Olberman and O'Reilly--please put a sock in it! Dudes, you're acting ridiculous...) When you find "reputable news" broadcast reading text messages on the air as if it is really news, everything is fair game. The web steals from the press, the press steals from bloggers. Copyright laws can really no longer protect content. The web has opened up a Cassandra's Box full of people who write about what's happening, and sometimes it does improve the news.
As for Shapira, you got your 15 minutes and started an important discussion. For all of you blogging away out there, do so with integrity and credit your sources. They probably rec'd their info from--who knows where? That's adaptation, not stealing
Having said that, I think that it is fine to play the analysis or opinion role. As I've said before, that's exactly what the OpEd section in trad media does. But, I would feel cheap appropriating someone's story in a wholesale fashion and merely respinning it. Still, there's lots of gray area here, more than enough to go around.
I read all the way to nearly the end of the Opinionater story before I got even a hint of what I think drove the whole situation--which the Times writer seemed largely oblivious to. It came from Gabriel Snyder, Gawker’s editor-in-chief, whose opinion was self-serving, yet right on the mark:
"The bigger threat is that blogs say the things that hidebound newspaper editors are too afraid to let their reporters write."
The Opinionater continuted: "Look at Shapira’s article, says Snyder. It’s missing 'anything resembling a point of view.' And that’s exactly what Nolan’s Gawker post provided."
Exactly. This piece got ripped off in the first place, because it was a character sketch of a ridiculous person, without grasping (or conveying) that the character being sketched was ridiculous.
Gawker took an astute take on it, with it's very funny lede and headline: "'Generational Consultant' Holds America's Fakest Job."
That key insight was entirely lacking in the original piece--and cast the story/character in a completely different light.
Because of that, it was much better than the original. And I agree with Snyder that that's what was doing newspapers in long before the web. They tend to print boring crap that nobody wants to read.
Key problem, which was highlighted perfectly here: no point of view.
what a mess. sorry.
Your point is well-taken and what I was trying to get at by the phrase "improving news stories". But can we ding journalists for doing what they're not supposed to do, given the standard of impartial reporting? He was reporting, not writing, say, Maureen Dowd's column in the NYT, much less a blog like ours.
Open Salon allows you to submit and post text, photos, video, music, messages, comments, notes, advertisements, listings, links and other content (collectively, "User Content"). User Content that you submit to Open Salon or post on the Site, including any personal information included in your User Content, becomes publicly available and can be seen, collected and used by others."
This OS policy statement re the use of material is not unlike the policy staements of other blog platforms and many newspapers. The legality of using material not your own on the web is still very murky and largely unsettled....The key is understanding the difference between that which may be illegal and that which may be unethical....That which leaves a bad taste and that which is done in poor taste....Ultimately we are left with policing ourselves and following or own personal sets of values and ethics....Good writing is also ethical writing. Most of us can tell the difference between that which has the flavor of authenticity and that which smacks of plagiarism....
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And for picking up other news stories and opinions the main rule is always attribute who you got it from and where it was pubbed, and then you are okay. Look, even Jesus quoted from God, and even though there IS NO God and there WAS NO Jesus, it still makes good Bible reporting, no? Just give credit and attributions. Even God gave credit to the gods who came before Him.,....
When you make a factual statement, you've got to show your source. The commentary is all yours!
Primarily, the Gawker editor (Snyder's) point was not about the individual writer, but the system, the newspapers which hold to this standard--who let their standards get in the way of saying anything interesting.
But I would also fault the reporter for writing so credulously. Reporters are supposed to think, to and evaluate, and he did. Come to think of it, Snyer (and I) were slightly off: the piece did have an inherent point of view: that the consultant it was about was a wise/knowledgeable person offering sage advice. That was the underlying crux of the piece.
The Gawker writer basically said to the first reporter, "Are you kidding me? You spent hours with this jackass and pitched the piece in terms of what a great contribution she's making?"
The reporter quoted ridiculous comments like the Nike comment as if they were keen cultural insights. That showed a terrible lack of judgment, in my opinion. And Gawker called him on it.
One is that Nolan didn't really add much but a sneer to the article - at least half of his brief piece is just longish quotes from the original article. And his insights are of the shooting fish in a barrel type - shallow and obvious.
The second thought is that there's the old "hoist them on their own petard" way of revealing someone's shortcomings. I read Shapira's article that way -- he lets the facts, especially her own words, speak for themselves, and lets the readers decide. He's respecting the IQ of the readers to get it, whereas Nolan feels the need to point out the obvious, with a smirk. His only creativity is in the "fakest job" title...and, well, that's hardly very creative.
I think your points can hold true in general, but I also think this case shows the shortcomings of many blogs that merely add a "wink wink har har" to the content they use and quote liberally from.
I don't consider that real writing or blogging or humor or opinion. It's more like me turning to K. at breakfast over the newspaper and making a quick joke about a similar article I just read. That's precisely how I read Nolan's piece (frankly, both K. and I have said funnier, more insightful things over the newspaper at breakfast quite a few times. Most of my friends can also toss off better stuff on current events and news just off the tops of their heads. I bet you and your friends can, too).
Yet many bloggers consider that level of comment to be "writing". For me, that's the real issue.