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Late yesterday, I received a phone call from Dave Belanger. He finally admitted this was my photo and apologized to me for stealing the photo and publishing it in the print and online edition of the November/December 2010 Dairy Goat Journal. (He also apologized for hanging up on me yesterday morning.) He agreed to print a correction and credit in the next edition of Dairy Goat Journal. He also agreed to reinstate the photo in the online edition with my credit and link as the only connection to the printed edition, which can never include my credit as it is already in circulation. (I believe he had actually done that before he called me.) He asked me for my price for the photo.
I explained to him that my price was $350 per use (print and internet), tripled for the unauthorized and uncredited use. That is a total of $2100. (As outlined in my Open Letter to Dave Belanger.)
He offered me $500, which he said was generous because it was only worth $100.
I explained to him that I was actually asking for a rather average base fee, but there were additional charges for the unauthorized and uncredited use. Countryside Publications stole my right to place a value on my work before distributing it. They also stole my right to determine whether or not Countryside Publications could even distribute it at all. If I choose to not sell my work, THAT IS MY CHOICE. And the fact is, I DO NOT SELL MY WORK. I publish it here, on my website. THAT IS MY CHOICE. They published it without my permission and without my credit.
Ten years from now, people will still be picking up stacks of old Dairy Goat Journals in thrift stores, opening that article, seeing that picture, and not knowing who took it. The lack of credit in the printed November/December 2010 Dairy Goat Journal can never be corrected.
Countryside Publications is a five million dollar company. He accused me of being opportunistic by asking for an increased fee for the unauthorized and uncredited use.
This is not about money. I may never see the $2100. If I do, it will be a long time from now. If I wanted to make a quick buck, I’d take the $500. (I could use it.) But if I let him not only steal the photo but pay no penalty for it, there’s no reason for him to not steal again. After all, what did it cost him? He can steal photos all he wants and only pay for them (at a price he sets) if he’s caught. Just who is opportunistic? He published my photo without authorization or credit then says, here, take $500 or NOTHING.
I’m going to take Countryside Publications to court. Let a judge decide how much a magazine should pay for a stolen photo, not Dave Belanger. I don’t care about the $500 or the $2100. (If I ever see a penny for that photo, I’ll be amazed.) I care about the arrogance. I’m going to take them to court because I’m tired of people stealing my stuff. I’m going to take them to court because I want them to have a consequence, even if all it will be is the inconvenience of sitting in a courtroom. As writers and photographers, we have to start taking these people to court. They think we won’t. And they won’t stop until they know we will. If I have to go to Wisconsin to sue them, I’ll go to Wisconsin to sue them. (Will have to find someone to milk my cow.) I want them to know that if they do this again, someone WILL SHOW UP.
P.S. He mentioned receiving phone calls and emails from my readers and said he was not concerned about it. He admitted there had also been some subscription cancellations, but that people cancelled subscriptions and started subscriptions every day and that he had no reason to believe any subscription cancellations were related to his treatment of my work. (He also said that sometimes people felt sorry for them and sent them donations. You know, because it is a 5 million dollar operation.) He said, “What’s the name of your website again? Chickens in the yard?” Perhaps it is true that he is NOT reading my blog because if he did, he would know that I report every single thing he says.
P.P.S. By the way, he said the theft occurred while the editor, Jennifer Stultz, was browsing the internet looking for a cover photo. (Man. That is scary. She was cruising the internet looking for a cover photo. Anybody missing a photo of their Nubians? Because she picked one up somewhere.) Along the way, she lifted my photo. (The part between she stole it and they used it was a little fuzzy, but he identified Dairy Goat Journal editor Jennifer Stultz as the one who actually lifted it.)
P.P.P.S. I will update as the situation progresses.
Note: I’m not sure where emails to csyeditorial@tds.net end up. If they end up with Jennifer Stultz, you can bet she’s not passing them all on to Dave. I have never received a response from that email address. You can call Countryside Publications toll-free at (800) 551-5691 and leave a message for Dave Belanger. I know from experience that this phone number goes to his office, not Jennifer’s. Jennifer Stultz is actually in Kansas.
Question: Does anyone know if I have to have a lawyer in Wisconsin? Do I have to sue him in Wisconsin? Any tips on how to get started would be appreciated.
SEE THE UPDATE HERE.
Posted by Suzanne McMinn on November 11, 2010
This recipe is very close to the one I use for my biscuits. The first time I made biscuits for my new family, my youngest step-son asked "what are those?" Starting then I was on a mission to make the best biscuits I possibly could and I think I have finally done that. I bake biscuits at least 3 times a week for us and sometimes more on the week end for an early morning breakfast for neighbors, I love baking biscuits.
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Perhaps your attorney can check in to the “per use” language. As I recall, every time a page is refreshed or loaded on the internet, that is considered a separate publication. $2100 x who knows how many times the page with your picture was seen on the internet…and oh boy!
And you’re right, he’s quite arrogant, but unfortunately that’s how unethical people are.
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You steal, you get caught, you get penalized.
I think you should put a PayPal thing on your site and I would be happy to make the first contribution to the legal fund to fry this moron.
He just isn’t living in the real world, and his “editor” Jennifer must be some sort of freak to think she can cruise the internet and steal the work product of known and loved bloggers without recourse.
Unbelievable.
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Thieves who got caught! I agree with commenter (mschrief) place a Pay Pal on your sidebar and we can all donate.
~~HUGS~~
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Instead of manning up, taking full responsibility and saying he will take care of the problem internally, he quibbles over a relatively minute sum of money and plays the blame game with an employee.
I’m glad he’s not my boss.
On the other hand now we know it’s likely not an isolated incident.
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It’s a matter of principle, not finance. I understand.
I wish we could get a list of their subscribers and inform them of the twisted way they do business. I imagine then their subscription rate would go down considerably!
I hope you sue them and I hope the judge awards you triple what you asked to teach them a lesson!
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Yes, keep us informed.
Yes, I will gladly contribute to a legal fund.
Yes, I will continue to e-mail Countryside.
Yes, we (the people) must take a stand.
judydee
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I started compiling a list of advertisers just from the on-line site. One of the most recognizable to me is Purina. If you will allow, starting this weekend, I would like to start e-mailing them with a copy to Countryside’s advertising department. WE should let the advertisers know about their unethical business associations. Please let me know if this will be okay.
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Good for you, Suzanne, for taking this man and his company to court. These people (Countrywide and Cooks [sic] Source owers/publishers/editors) know doggone well about copyright, whether internet-published or print published. What they count on is ego (I’m published!) and poverty (I can’t afford to sue them!) to get away with outright theft.
I would be honored to donate to a legal cost bucket.
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Go get him Susanne we are all cheering you on.
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Indeed, suing is the thing to do, but I see no reason that anyone should have to go to WI to do it. You injury occurred HERE, so sue them where your injury occurred, and let HIM travel here to answer the charges!
After all…
7:36
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Thank you Suzanne, and good luck with your case. Stick it to ‘em.
7:45
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I live in Kansas – maybe I’ll hunt down this Jennifer and give her a piece of my mind. (Actually that’s probably not a good idea – I seem to be losing gray matter as I’m aging.) But if I ever run into her at the grocery store I’m going to give her the evil eye!
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Oh, and if you need a place to stay when you come to Wisconsin, I’m not too far from Medford where their website says they are located : )
7:50
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I’m glad you are standing your ground. And I don’t imagine you will have any trouble at all finding someone to come milk your cow for you if you have to travel for this.
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I’m really sorry for all of this. PayPal in the sidebar is awesome, we’ll support you. Let’s get the “old goat”!
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BTW- It makes it very nice for a court case that he not only admitted to stealing it, but offered to pay when he knew he was in hot water. It is also quite kind of him to share that name of the actual culprit, so she can be named on the law suit. Hey, Dave. Got an address for Jennifer, so Suzanne’s lawyer can make sure she has a summons? This is too sweet. My cases in court were seldom this easy!
If you weren’t already a household name, you may very well be known as someone who furthered the cause of people who have rights on the internet. Perhaps it will no longer be a free for all of taking the intellectual/artistic property of the true owners.
8:14
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Another commenter mentioned recording phone calls – it would be so helpful to have a recording, but unfortunately, unless the caller gives consent to being recorded, which I doubt Dave would, it would be illegal.
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Put up a PayPal button Suzanne. I’m happy to donate to the legal costs. Don’t be shy about asking for help. Where does this type of behaviour stop?
I can’t begin to tell you how much joy your blog and guests give me.
Susanne
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Watermarks mar her great shots, though there are ways to do them so they’re a little less intrusive… still ugly though and Suzanne’s pics are all about beauty or fun or demonstrating her crafts and art. It makes me very sad that people like Mr Belanger and his employees are threatening to ruin the enjoyment of so many people with his dirty tactics.
Also, I’d like to say that the for the most part politeness of the people here even in the middle of such goings on makes me proud. Yes, we’re all upset, but still maintaining decent behaviour. Ok, a few expletives have slipped out, but many of us work in barns a lot. (as opposed to being born in them)
Decorum does NOT interfere with determination after all, as Mr. Belanger is about to learn. We’re with you Suzanne!
8:36
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My son has a Facebook site and he regularly would post his poetry for all to read. He later found some of his poems posted on other internet sites. So you see, it’s happening all over. He needs to be made an example of. My son is going to post a link to your above article on Twitter. I think Mr. Belanger has made a huge mistake as I have a feeling this is really going to start a fire storm on the internet. You may have lots of backers who were victims too to this internet theft outrage!
8:37
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Is anyone here a member at backyardchickens.com? There are people there who have all sorts of farm animals, in fact that is where I initially heard of (and subsequently subscribed to) the Countryside publication “Backyard Poultry” a few years ago. In the spirit of “Tell a friend about Dairy Goat Journal”, it would be nice if someone shared with them.
(I don’t post there myself, but have seen CITR mentioned before)
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Good luck with this sad magazine crew…
8:43
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Now its about the sum. You researched the amount, believe you have come up with the fair market price. He apparently took that as a negotiating number and when you wouldn’t negotiate conversations ended again.
He probably has a ceiling of how much the magazine will pay, and because its a negotiation can’t be forthright and say something like “while your picture is worth $2100 or more. we’ve never had this issue before and the operating budget only allows for a $1300 payment”. Or counsel is warning them they may end up paying for other misappropriated photos, so they are setting the fee at $XXX. What they pay you will be a precedent. Is $2100 really you’re only amount? He needs to tell his leadership that. And his ego. You won’t let us down by negotiating though because that you got him to accede and apologize is HUGE…
You go girl!
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I won a lot of court cases with him that way let me just say.
I will see if I can find the laws for the states you are in to check further.
I would like to know the advertisers in their print addition tho’ I won’t buy their magazine. I certainly wouldn’t purchase anything from companies that do business with this type of person. I do understand tho’ that the advertising content on the web site could be content generated so Purina would not be at fault for having a banner on there.
Good luck Suzanne. I would check with your lawyer – I seriously doubt that you would have to travel to WI – but it would probably be worth it.
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Good for you Suzanne. Since you are going to sue him, we as a group need to make sure we go from “helpful followers” to “internet flash mob mentality”. It is easy to jump on the bandwagon via an anonymous forum like the internet. (I only make mention of this because as with the recent “Griggsing” episode, some over-zealous supporters were *quite litterally* harassing the small business owners that advertized in Cook’s Source.
If Suzanne was seen as promoting harassment, her lawsuit (no matter how small) would go poorly.
So if we– as the CiTR “Angry Hens” and occasional “Roo”– wanted to start a letter writing campaign to DB’s advertizers, we should probably organize. Perhaps create a boilerplate letter? One that is still professionally acceptable?
Thoughts?
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Best wishes to you.
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I emailed Mr. Bolanger yesterday. My letter was polite but I stongly encouraged him to do right by you. Make no mistake, he is feeling some heat from this. The question is, how much heat is it going to take for him to want out of the kitchen?
Let me know if there is any way I can aid you in this. Hang in there, and above all, know that WE HAVE YOUR BACK.
9:21
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http://www.callcorder.com/phone-recording-law-america.htm
You can find the attachment for you phone at Radio Shack. [I know way too much about this don’t I]
Although now D. B. will probably think that you are taping him.
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I say, everyone email then – they will have to acknowledge sooner or later.
I know you will be successful – sue his pants off!
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Does Countryside Publications have a fax machine?
Would be interesting to start faxing Friday afternoon and keep going all weekend.
Just sayin’.
10:50
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This is a federal jurisdiction case. The stealing of Intellectual Property. Your attorney would probably file the case in your local federal court and their attorneys would ask (probably) for a Change of Venue for the case to be heard locally for them. It is up to the judge whether or not to keep it local for you, or for the publication. Something like this, if you have a good attorney familiar with these type cases, or at least appearing in that federal court, would lean a bit towards your favor in keeping it local for you.
I’ve actaully been in federal court for this same type of thing. Federal court is VERY different and there are a lot more rules and you have to make certain everything is in order. And of course, it is very expensive. Which is why these big companies (and not so big) do this. It’s difficult to enforce, expensive to go after them and the wait is susbstantial. By the time you get your day in court, it’s been quite awhile. The bombardment of emails and phone calls by your supporters is usually more effective. However, I completely agree with you. It’s the principle and you have to send the message that this will not be tolerated.
Feel free to email me if you would like to know more about the actual court case I was in. Good luck!!
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Anyway, go get them. They have a lot of nerve!
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But now I’m WILDLY curious as to what their magazine looks like in print, especially since they are ripping off pictures right and left from the internet. Because most images from the internet are generally not fit for commercial printing purposes at all, due to the resolution of the image is too low so you end up with it being too pixelated, blurry, etc.
That’s something that I a commercial printer SHOULD know.
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Important info here for all creators of original content: be sure to register your work. It makes the case very easy to win if you do wind up in court, and it makes available statutory damages along with attorney’s fees and court costs, which is where the REAL money is. Furthermore, if you register no more than 90 days after first publication, you can register EVERY photo you’ve created in the last 90 days for one $35 fee.
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get every cent. You deserve it!
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I just thought it was funny in this article Jennifer made sure and gave herself credit for her photo but I did not see any credit given for the other photos in the article. It makes me wonder if they are stock photos or if they were stolen while she cruised the internet looking for pictures. If she owns/breeds dairy goats I am sure she has a farm website. I wonder how she would feel if someone “cruising the internet” used a picture off of HER website without asking?