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Having noticed that my stolen photo was removed from the online edition of the current Dairy Goat Journal, I called Dave Belanger, head of Countryside Publications, which publishes Dairy Goat Journal, Backyard Poultry, Countryside & Small Stock Journal, and sheep! Magazine. Speaking with Mr. Belanger (who made no apology to me), I told him that part of my requirement for credit for the photo was that the photo must remain in the online edition, with a credit to me including my name and my website link, because the online edition is the only link to the print edition of the November/December Dairy Goat Journal, which is already published and in circulation without a credit to me.
Dave Belanger said, “Your requirement? Goodbye, Suzanne.” And he hung up on me.
OPEN LETTER TO DAVE BELANGER
Dear Mr. Belanger,
Had you asked to use my photo in your magazine, I would have gladly donated it for no other cost than my credit and a link to my website. However, you didn’t ask. You stole.
My charge for this photo now is an industry standard $350, per use (print and internet), tripled, per reasonable industry practice, as an up-charge for the unauthorized, uncredited use, bringing the charge to $1050 per use (print and internet). That is a total of $2100.
I also require a statement in the editor’s column of the next Dairy Goat Journal including an apology, a credit to me for the photo, my name, and my website address. (In the January/February 2011 edition, if possible. If not possible due to publication deadlines, no later than the March/April 2011 edition.) The photo must also be permanently reinstated in the online edition with the credit of my name and my website address (with link).
Love,
Suzanne McMinn
P.S. I will email my address to csyeditorial@tds.net so you can put the check in the mail. If I don’t receive the check within 7 days, you will hear from my attorney. Thanks!
For those of you who may have missed what’s going on, please read my post here. My photo was published without my knowledge or consent in both the print and internet publication of the November/December 2010 Dairy Goat Journal, which is published by Countryside Publications. (They have now taken it down from the online edition.)
Dairy Goat Journal photo:
My photo:
Please make anyone you know who subscribes to Countryside Publications aware of this situation. I have no idea whether or not other stolen photographs appear in their magazines, but based on my experience, I wouldn’t be surprised. Spread the word! Please share this post on your Facebooks and Twitters and any other way you have available to you. When a publisher of four magazines dismisses a photographer after stealing their photo, I have to fight, not just for me but for everyone else who has ever had their work stolen. Please help me fight them.
THANK YOU to those of you who contacted Dairy Goat Journal with your feelings about internet theft. If you haven’t contacted Dairy Goat Journal, please contact them.
The editorial email address is: csyeditorial@tds.net
Or call Countryside Publications toll-free at (800) 551-5691 and leave a message for Dave Belanger.
P.S. The “Love, Suzanne” in the above letter is intended for a little humor amidst the drama.
Posted by Suzanne McMinn on November 10, 2010See an update on this story here. See the resolution of this story here.
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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Sincerely,
Jo
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The world is watching.
Sincerely,
judydee
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I will be writing (politely) Dave Belanger myself. Hang in there Suzanne. He’s made me angry now.
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Dear Dave,
You have made a serious error in judgement. Your business practices are faulty at best.
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This incident is actually the FIRST I have heard of your publication. I am not impressed with your ethics or practices, although the photos are great. I would be much more impressed if you adhered to the letter of the law and professional ethics. There is still time to make it right, and move on.
Alison Simpson
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It is not alright to stomp on the rights of others just because you are larger than they are.
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Mr Belanger hung up on your worst type of enemy.
Suzanne is someone who has the ability to inspire people to put a chicken coop in their yard or a goat in the field.
I am one of those people.
People like me subscribe to magazines that can help us learn about things i.e. chickens and goats.
I don’t like stealing. I don’t spend money on stolen things.
How many people will I tell?
The only thing she asked for was a credit and a link.
Have a little respect.
Sorry you have to deal with this Suzanne. Every day is something new isn’t it?
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“THEFT!!! If you subscribe to any of these: Countryside Publications, which publishes Dairy Goat Journal, Backyard Poultry, Countryside & Small Stock Journal, and sheep! Magazine. Please call to protest the outright internet theft of images used in their print publications, by cancelling your subscription! If you don’t have a subscription, call and let them know they’re wrong anyway! All the info is in the link.
Please repost this so as many people as possible can see it!”
This really gets my “need for justice” juices flowing,
.
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Though I have only heard one side of the story, rudeness (even perceived rudeness) is unacceptable in any sort of professional situation. Rarely does it solve conflict, nor does it deter future problems.
Please reconsider your decision regarding the picture Suzanne took. She is a talented individual who deserves your respect.
Thank you!
Larissa
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COUNTRYSIDE features reader-written personal experiences and photos straight out of family albums, making each issue just like a long letter from friends who are living the good life, beyond the sidewalks.
Well, yes CSP. it is a photo straight out of a family album, BUT YOU STILL HAVE TO ASK TO USE IT!
Sent emails to editors of other CSP mags as well as to Elaine Belanger andAnne-marie Belanger Ida.
Also sent fax to Dave himself. (Bcc’d you on emails)
We’re behind you Suzanne, it’s a shame you have to take time (=money) away from your normal activities to pursue these thieves.
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All they had to do was add a byline.
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It has come to my recent attention that your publications has used a photograph that they were unauthorized to use. It is also known that Dave Belanger knows about this and has treated the photographer rudely and unfairly. I am not now, nor will I ever be a subscriber to your publication if this is the type of business practices you use. Shame on you for stealing other peoples work. Shame on you Dave Belanger for not caring. Shame on you all for your rude stance in this matter. Accidents happen, mistakes are made. Adults should be adult enough to admit fault and apologize to the people they wronged. You were wrong to use Suzanne’s goat photo with out giving her due credit and financial compensation for her work. Please correct your error and reprimand Dave Belanger for his extraordinarily poor display of business ethic as well as general rude attitude.
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Dear Mr. Belange,
As I’m sure you are now aware your publication violated U.S. copyright laws when you published a photo owned by Suzanne McMinn without asking her permission. Her contact information is clearly available on her website, along with this:
“Entire Contents © Copyright 2004-2010 ChickensintheRoad.com. Text and photographs may not be published, broadcast, redistributed or aggregated without express permission. Thank you.”
I notice that Dairy Goat Journal also has something similar posted at the bottom of its page, “Copyright 1998 to present by Dairy Goat Journal. All rights reserved.”
If this were a simple mistake made by someone outside the publishing industry that would be one thing but you, of all people, should understand the importance of U.S. copyright law. You must compensate Suzanne, apologize publicly and make every effort to never allow this to happen again. Perhaps your editors need further training and education. I look forward to updates from Suzanne concerning this issue. If you have not already you really must visit her website. I look forward to reading her updates about Clover and Beulla Petunia and the rest of her brood. My bet is that once you get this whole issue squared away you will also become a loyal Chickens in the Road reader. Please, make this right!
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Also, $2,100.00 really doesn’t seem like much money for something that is a crime…maybe you should have a lawyer handling this right from the beginning.
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He blew it when he hung up on you. No mercy now!
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Go get ‘em Suzanne!
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To Dave Belanger or whomever is getting this email….
Hanging up on Suzanne McMinn was a bad idea. Now, her letter to you has been published on her blog (which, by the way, had 600,000 pages read in October) and I’m afraid it reflects badly on you and your Journal. I hope that you plan to rectify the situation. Helping yourself to someone’s photographs without permission is a violation…particularly when it is clearly stated that this is inappropriate. I would imagine that you will be hearing from many, regarding this situation….time to stand up and do the right thing.
Sincerely,
Lori Skoog
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http://www.123people.com/ext/frm?ti=person%20finder&search_term=dave%20belanger&search_country=US&st=person%20finder&target_url=http%3A%2F%2Fwww.foliomag.com%2F2010%2Fdave-belanger§ion=blog&wrt_id=262
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Initially I thought it would be good to chew ‘em up and spit ‘em out…but now???
Spit that out! Quick!!!
It APPEARS Dave is without manners of any sort. Quick! SPIT again! You don’t want to accidentally ingest any of ‘that’
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Let us know when the Today Show calls for an interview, lol.
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I too e-mailed Mr Belanger and requested that he rectify and compensate you for the theft
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We’re behind you!
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Mr. Belanger,
I have been a daily reader of Suzanne McMinn’s website, Chickens in the Road, for several years. I have come to know her as a kind, smart, strong and talented woman. She supports her family and her farm the good old fashion way: through hard work. HER hard work. She writes, she photographs and she publishes on her own blog. She is also a published romance writer. When I found out that one of your magazines used HER photograph without permission or credit to the photographer (i.e. Suzanne McMinn) I became disgusted with not only The Daily Goat Journal’s shifty publication practices but also with the fact that it appears you are disregarding Suzanne and her property outright by refusing to offer her any type of apology and compensation for the use of HER work. How can The Daily Goat Journal’s website place a copyright notice on the bottom of the site and NOT give FULL credit and compensation to the rightful owner of the contents used in the article? You are a hypocrite. You are a publisher. You should know better.
I WILL NOT be subscribing to any of your Countryside publications. I WILL NOT be purchasing single copies of any of your publications and I WILL be letting everyone I know about your illegal use of someone else’s property.
I hope that you will do the right thing and apologize to Suzanne as well as compensate her for the use of her photograph. In the future, all it takes is ASKING someone to use their work along with giving them full credit and necessary compensation. Again, as a publisher, I would think this would be something you are already familiar with. I suppose I must be giving you FAR too much credit.
Laney Clark
Self employed metal artist
~~~~
I hope it helps.
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Maybe he didn’t read my email? Or maybe this one isn’t very bright?
Geeze Countryside, apologize for using the picture without permission (or, you can plain admit it was stolen) and give Suzanne her payment for using her property!
Suzanne I will gladly sent a donation if these scoundrels force you to go the attorney route- the least I can do for the hours of enjoyment your blog has given me! This is a stand that needs to be taken. Wrong behavior should not be tolerated!
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Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur.
1.The copyright holder must have a valid copyright.
2.The person who is allegedly infringing must have access to the copyrighted work.
3.The duplication of the copyrighted work must be outside the exceptions.
The legal penalties for copyright infringement are:
1.Infringer pays the actual dollar amount of damages and profits.
2.The law provides a range from $200 to $150,000 for each work infringed.
3.Infringer pays for all attorneys fees and court costs.
4.The Court can issue an injunction to stop the infringing acts.
5.The Court can impound the illegal works.
6.The infringer can go to jail.
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Left my name and number, lets see if he responds!
Mom to chickens, kitties and airedale terriers
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My home is supported by a husband in sales. He could give Dave some lessons. My husband cares a lot about each and every potential sale. Countryside doesn’t care if I buy their magazines anymore?
Suzanne thank you for the links you have provided in some of your posts. I would not worry about them driving traffic to Countryside. This link you provided –
http://www.123people.com/ext/frm?ti=person%20finder&search_term=dave%20belanger&search_country=US&st=person%20finder&target_url=http%3A%2F%2Fwww.foliomag.com%2F2010%2Fdave-belanger§ion=blog&wrt_id=262
made me furious and even more resolved to follow your story and do my part in spreading the word to not financially support Countryside until Countryside makes things right. The man knows better. He may have had no idea your photo was being lifted but he knows now and continues to treat you like a bothersome fly.
Well, Mr. Belanger, it looks to me like you are the one getting swatted at. And yes Mr. Belanger, Suzanne is sharing her requirements now as no one politely asked her permission to begin with.
Please Mr. Belanger, man up and make this right!
In Love and Peace, Kelly Myers
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would be a good place to find a lawyer who specializes in stolen media. Just a thought. Sent a complaint to the BBB in West Allis WI, the office that serves Medford WI.
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“Dear Editor,
As a daily follower of the Chickens in the Road blog, newsletter, and anything else Suzanne McMinn does, I am writing to express my dismay over the theft and publication of Suzanne McMinn’s picture of three goats.
Your magazine has clearly violated copyright laws and instead of asking for permission, infringed on Suzanne’s ability to earn money.
And to top it off, when she attempted to address this issue with you. you were rude. Didn’t anyone ever teach you the importance of acknowledging bad behavior and the power of an apology?
I don’t think you understand the Chickens in the Road popularity, the number of dedicated followers, or the power of going viral on the internet or you would have attempted to make this right when you were first contacted.
PS. You could have had an amazing source for future pictures for your publication but you must be slightly dense as well as a cheat and a thief. Shame on you,
Sincerely,
“
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http://www.smartbitchestrashybooks.com/index.php/weblog/comments/lessons-learned-from-cooks-source
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Hardly ethical or professional behavior.
I used to be a regular subscriber to Countryside, but dropped my subscription after J D Belanger wrote a tirade after the world DIDN’T end in 2000. (He wanted people to have to deal with a world falling down – really scary.)
It’s a shame the magazine hasn’t turned around ethically. I was actually looking at the postcard for their poultry magazine and considering a subscription.
Not any more.
I will, however, be contacting Countryside to let them know that thieving, plagiarism, and lying to cover one’s posterior are unethical and unprofessional behaviors.
Best of luck to you in your battle to maintain your rights to your property!
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If it can be anyone, then I vote we flood the West Allis BBB website with complaints about DB.
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This message is in regard to your complaint submitted on 11/10/2010 2:30:43 PM against countryside publications. Your complaint was assigned ID 8397254.
Your complaint has been sent to the business for their response. Once they have responded to the BBB, we will contact you again. In the meantime, if you have further dealings directly with the business, please send us a message to inform us.
Regards,
Susan Martin
Trade Practice Consultant
smartin@wisconsin.bbb.org
Better Business Bureau
. Now that the photo and attribution are in place on web, perhaps we can assume that Dave ol’ boy has seen the error of his ways. We’ll know when Suzanne posts again. {Although I bet he’s just chalking this up to a bunch of clucking hens with nothing else to do but harass him!}
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Have you heard the song that is sung about the grinch in HOW THE GRINCH STOLE CHRISTMAS? If not, listen to it–it is describing the kind of people that do the sort of thing you have done with Suzanne’s material, how does a person like you shave in the morning–or do you?
SHAME ON YOU AS A “PROFESSIONAL”.
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This guy has messed with the wrong person!
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Denise
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Hopefully they will get everything fixed to your satisfaction soon.
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Good for you Suzanne! Tsk Tsk ethics is ethics…Huh?
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I’m sorry I offended you and some of your readers yesterday by saying that Countryside was a small company. I think they should be held accountable for what they did. No one should get away with a crime. And this was theft pure and simple. I only was lamenting that you might not get your just rewards if they didn’t have the $$ in their coffers. Of course I did jump the gun and say that without doing the research and I apologize for that. I assumed they were just getting by which is not consistent with the facts. I also almost never post and so I’m not used to the vulnerability that comes with writing publically. It must really be hard to put your work and heart into something and then have it used without your knowledge or permission. Especially because with theft – how can you know what they will do with what they stole?
Good luck with everything. I really admire the restraint you showed in your letter to Dave and in what you expect them to do. I don’t know that I could have been so rational to think things through the way you did. It takes a true professional to act with dignity like you did. Something Dave did not or could not do.
Ok – I will go back to being a reader and not a poster now :-)
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We are all behind you Suzanne!
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Am I reading this right? Don’t you mean January/February 2011 instead of 2010?
(In the January/February 2010 edition, if possible. If not possible due to publication deadlines, no later than the March/April 2011 edition.)
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Please let us know if he follows thru with a payment for just being DUMB!
Everyone makes mistakes – apology and make it right. A little humility goes a long way! Was all this really necessary??
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I found this thread when checking for developments on the Cooks Source scandal, and was really disheartened to find Countryside named in a similar situation. And once again, it is mostly the response of the editor which enrages us, even if the initial act of lifting content is not acceptable. We can much more easily forgive a mistake when it is followed by contrition and an appropriate amends.
I will say, however, that I have a suspicion that the issue may be with Dave himself, more than with the entire publication company. As the months led up to January 1st of 2000, Countryside Magazine, edited at that time by Dave Belanger, began to take on a more apocalyptic tone, ramping up to increasing levels of hysteria and end-times doomsday rhetoric. This wasn’t really in line with the tone of the magazine up to that point, which had cheerfully advocated self-sufficiency, thrift, and a homesteading lifestyle without much in the way of creepy survivalist or radical religious overtones. But with the sudden interest in the perceived “Y2K” threat, it seemed as if either the editor felt this was the focus which would be most appealing to its readership, or else he genuinely believed the dawn 2000 would signal the downfall of modern technological society, thus throwing us back on our guns and our agricultural skills to survive. The magazine covers hosted disturbing images and grim headline messages. Dave’s editorials became bitter rants against the forces of technological evil with dire warnings about the chaos that was soon to come. Really, it seemed as if ol’ Dave had sort of run off the rails, as if he wanted the world to end.
January 1st came and went and nobody’s lights went out. Dave’s editorial response in the next issue was an angry, petulant, bitter diatribe which certainly made it seem as if he was upset that the world *hadn’t* ended! He closed by saying that the magazine didn’t need him anymore, and he didn’t need it. I recall feeling somewhat embarrassed for him. Editorship passed to another person (I believe another family member), and the magazine shortly thereafter underwent a cover design makeover and returned to its pleasant tone and useful content. Dave remained the owner, but editorial duties for their flagship magazine had passed to other hands.
I don’t know how old Dave is at this point, but it certainly seemed to me that after years of good stewardship of the magazines he was starting to get a bit dotty. It isn’t uncommon for personality traits to become more pronounced as one ages and moves into pre-dementia. I wondered at the time if that was what was going on. It doesn’t surprise me that he hung up on Suzanne, as that seems to fit with the crotchety person he had become the last time I read anything he had written.
I’m hoping that cooler heads at the publication group will step in and make this right, as I certainly would hate to see Countryside publications go away. And I do support Suzanne in her insistence on permission to use her work, proper attribution and when called for, appropriate compensation. I’ll write to Countryside and let them know I’ll be watching this issue and will base my decision to subscribe again (something I’d been promising myself for some time) on their handling of this issue.
Ps: just read Pony’s post about noticing the same weird “I’m really angry the world hasn’t ended” rant! LOL! Glad I wasn’t the only one who noticed it!
PPS: Suzanne, your photos are awesome, and especially like the one of the critters looking through the gate with accusing looks on their faces (I know I’m projecting, but it is perfect)!
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Dave, “Everyone makes mistakes – apology and make it right. A little humility goes a long way! Was all this really necessary??”
Suzanne you have every reason to be mad!
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Photo courtesy of Suzanne McMinn, http://chickensintheroad.com
Link to Journal: http://www.dairygoatjournal.com/issues/88/88-6/breed_history_of_the_nigerian_dwarf_dairy_goat.html
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I love your site, and I’m sorry this has happened to you :( I’m glad he has put credit up on the website, and I hope you get the money you deserve since they published it in their magazine. I LOVE photography and I know I would be DEVASTATED if I found someone using one of my pictures with no credit or permission :(
You did a great job standing up to him like that, and I’m sure you will keep fighting for what you deserve.
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http://good-idea-time.blogspot.com/2010/11/copyright-and-internet-beat-goes-on.html
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Im so proud of you Suzanne, you are standing up for whats right!
We support you !!!!!!
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find the link here: http://www.artfairinsiders.com
10:04
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Dear Mr. Belanger and Ms. Stultz:
Apologize and Pay Suzanne! I’m quite sure you had no idea the can of worms you opened when you refused to pay for her STOLEN photo……but I would bet by the emails and cancelled subscriptions you are beginning to learn!
Suzanne will not give up, and neither will her readers.
Make a public apology, pay more than she is asking, and apologize to both her and her readers.
Come on Dave…..”man up!” Stop blaming other people. The buck stops with you, the Publisher.
Sincerely,
Amy
10:24
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So I heard that you’d finally gave credit to Suzanne McMinn of “Chickens in the Road” for using her photo…now I’m just wondering, all those other photos uncredited on your website….do they belong to someone else, too? It was just a passing thought. But I’m sure you wouldn’t ordinarily steal others’ work as you did Suzanne’s….Please correct the situation as best as you can at this point by agreeing to her terms of use. After all, as I’m sure you’ve noticed by now, the power of the internet to share news about bad business practices is growing. I’d honestly never heard about her or her website, until a friend shared with me on Facebook. Gotta love Facebook; it does make it so much easier for me to now share this information with my friends as well!
Have a pleasant day!
(And I will admit, I’m not a one to send emails such as this…) Good luck with giving them their just dues!!
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Hi Amy,
Please note this issue has been resolved between the parties involved. Thanks for your input.
Cordially,
Anne-marie Ida
Managing Editor
Countryside & Small Stock Journal
145 Industrial Dr.
Medford, WI 54451
1-800-551-5691
http://www.countrysidemag.com
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http://chickensintheroad.com/dailyfarm/dave-belanger-writes-a-check-for-2100/
I posted the link to this update at the bottom of this post also.
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