Miami paper targets blogger

The Miami Herald, a McClatchy newspaper, says a local blogger who used two photos from the newspaper in an August 18 post is stealing from the paper.

“The Herald’s lawyer alleges that I am stealing Herald content,” says Bill, a photographer from Miami Beach who writes the Random Pixels blog. “He also alleges that I derive income from ads on my blog and that using Herald content helps drive traffic to my blog.”

The letter from Herald attorney Ian Ballon (posted here and here) alleges that the blog has run full articles from the Herald as well as large photos, which is a violation of Fair Use. The paper does not object to “short excerpts” from articles, “thumbnail reproductions of photographs” or “continued commentary on the paper, including criticism,”¬† the letter says.

Random Pixels had a wrap-up of the argument so far with comments from other Florida¬† lawyers suggesting this is a waste of The Herald’s time and money (plus a claim that the blog actually drives traffic to the newspaper’s site and that the controversy is increasing traffic at the blog). The blogger denies running full Herald articles.

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