More on copyright, the Phoenix and the Times

New York Times columnist (and former executive editor) Bill Keller responds to Boston Phoenix editor Carly Carioli here.

Carioli responds to Keller’s response here.

Earlier coverage here and here.

Somebody take that shovel away from Keller!

Copyright hypocrisy at the New York Times

Last Saturday the New York Times posted a PDF of a 1976 article by the legendary Boston sports journalist Clark Booth that appeared in the Real Paper, an alternative weekly that was published for several years in the 1970s. The article accompanied a column by Joe Nocera on football injuries, about which Booth wrote perceptively some 36 years ago.

I have to confess I didn’t think twice about copyright, figuring Booth, whom Nocera interviewed, had given him permission to reproduce his words. But now Boston Phoenix editor Carly Carioli has pointed out — rightly, in my view — that, in fact, the Times has violated the Real Paper’s copyright and that of the photographer(s) whose work was reproduced. And since the Phoenix acquired the Real Paper’s assets when the paper went out of business, the Times must answer to the Phoenix.

The Times’ reproduction clearly fails the fair-use test, most obviously on the grounds that it reposted the Real Paper article not for the purpose of commentary and criticism, but so that its readers could enjoy reading it. I imagine the Times could also get whacked for taking too much of the article (i.e., the whole thing). Even though it would be tough to argue that anyone lost any money as a result of the Times’ actions, another important fair-use test, I’d guess a judge would favor the Phoenix if it ever came to that.

But Carioli is not concerned with the negligible harm the Times has done to the Phoenix so much as he is with the behemoth’s rank hypocrisy. Former executive editor Bill Keller, now a Times columnist, has been obsessed with the nefarious forces whom he believes have been improperly profiting from Times content. And, Carioli notes, the Times reached out and killed a pretty cool iPad app called Pulse merely because it reproduced headlines without permission.

Writing that “copyright in this country is a goddamn mess,” Carioli continues: “We want an internet and an intellectual-property regime that rewards discovery and innovation. We won’t get it with copyright construed the way it is now.”

And we won’t get it with the Times saying one thing and doing another.

Addenda: (1) I had the privilege of copy-editing Clark Booth’s weekly sports column for a short time in 1990, when I was working at the Pilot, for whom he still writes; (2) you can also read Booth in the Dorchester Reporter.

Disclosure: I’m a contributor to the Phoenix, and was a staff member from 1991 to 2005. I have a standing disclosure here, but sometimes it doesn’t hurt to remind people.

The absent women of “Page One”

Recently I gave a thumb’s-up to “Page One,” the documentary about the New York Times media desk. I did have a quibble:

As a friend observed, the documentary was heavily tilted toward men, which seems odd given that before it ends, we see the executive editor’s baton being passed from Bill Keller to Jill Abramson.

Now Jim Romenesko reports that two women on the media desk, Stephanie Clifford and Motoko Rich, were asked to take part and declined. Perhaps filmmaker Andrew Rossi could have tried a bit harder to get a female perspective, but now we know that he did make an attempt.

An entertaining look at the New York Times

David Carr torments a flack at Tribune Co.

At long last, I got to see “Page One: Inside the New York Times” at a screening last night at Harvard’s Shorenstein Center. It’s a terrifically entertaining look at the culture inside the Times newsroom, focusing on the media desk’s coverage of the newspaper meltdown of 2009 and ’10. I brought a couple of students with me, and they were pretty enthusiastic about it as we were driving back to Northeastern.

As you have no doubt heard, the stars are columnist David Carr and reporter Brian Stelter, two people whose talents, though formidable, pale in comparison to their inhuman productivity. Carr easily slips into the role of Carr, a late-middle-aged reformed drug addict who genially F-bombs his way through interviews and public appearances, building up to his monumental takedown of Tribune Co. and its abusive owner, Sam Zell. Stelter, young and earnest, is the perfect counterpoint. (I know both of them slightly, Carr better than Stelter.)

Director Andrew Rossi and Shorenstein Center director Alex Jones kicked it around afterwards.

An obsessive media junkie probably won’t learn much, but I really enjoyed being immersed in Timesland for 90 minutes. Quibbles? As a friend observed, the documentary was heavily tilted toward men, which seems odd given that before it ends, we see the executive editor’s baton being passed from Bill Keller to Jill Abramson.

And though it was unavoidable, the sense of panic that pervaded the business when the film was being shot has abated to at least some degree. We’re hardly out of the woods. It seems that every day, we hear about cost-cutting and layoffs. But the notion that was prevalent a year or two ago, that the entire newspaper business was in its death throes, now appears to have been exaggerated. If “Page One” were shot today, I suspect it would be more optimistic.

Jill Abramson named to lead the New York Times

Jill Abramson

I have no particular insight into the announcement that New York Times executive editor Bill Keller has decided to step aside. But it’s big news in the media world, and it will be worth keeping an eye out to see whether there’s a story behind the story. Jim Romenesko is gathering links. It is, of course, significant that the Times’ next top editor, Jill Abramson, will be the first woman to run what is arguably our leading news organization.

Keller will write a column for the Sunday opinion section, which is being redesigned. His column for the Sunday magazine hasn’t exactly been well-received, so it’s hard to believe Keller is what we Frank Rich fans have been waiting for. But Keller is obviously a fine journalist, and he may rise to the occasion when he’s not dashing something off in addition to his other duties.

The last time the executive editor’s job changed hands was in 2003, when Howell Raines and his deputy, Gerald Boyd, stepped down following the Jayson Blair scandal. At that time Boston Globe editor Marty Baron, whose résumé included a stint as a Times editor, was considered for a top job at the Mother Ship. (Little-known fact: Keller turned down the chance to replace the retiring Matt Storin as the Globe’s editor in 2001, recommending Baron instead.)

That seems unlikely to happen this time, as Washington bureau chief Dean Baquet has already been announced as Abramson’s managing editor for news. Baquet is a former editor of the Los Angeles Times, where Baron also spent a good part of his career.

New York Times photo.