Here's an update on the MSNBC TV show UP WITH CHRIS HAYES using an uncredited cartoon by Lian Amaris in its February 5, 2012 program.
They DID credit it -- but not in the right way, according to NBC policy.
Host Chris Hayes, who, after reading my blog entry, at first tweeted that they "should have credited it and will rectify," noted an hour later "My previous tweet was incorrect. We *did* credit [Lian Amaris, the cartoonist] on the graphic and gave her website as well."
Chris is right, but he isn't keeping with NBC's policy. And he's missing the point.
MSNBC credited Lian's Web site visually, with the information printed on the lower right hand side of the graphic. But, as Rob Tornoe pointed out in the comments section of yesterday's post, NBC policy since 2010 is to verbally identify the creator.
Anyway, that's beside my point: the person who created that content was not asked if the magazine show UP WITH CHRIS HAYES could use it.
As Lian herself notes:
" ... they credited the image with my website (not the original tumblr site where it appeared); that means they knew exactly who I was, as the very first words are "Lian is a writer, artist, and experience designer..."
The clip where they discuss my cartoon simply credits me as "just a grassroots thing that started getting around." Really sad. The clip is here, at timecode 39:40.
I sell cartoons to magazines. Before they appear, the publication contacts me, asks permission and tells me how much they will pay for content. I send them an invoice and they pay me.
UP WITH CHRIS HAYES is a magazine show. What's the difference? Why did they not contact the cartoonist, ask permission and pay her?
It's not just a "thing that started getting around." She took a blank piece of paper and made something of value. It's hers, even though you called it "just a grassroots thing that started getting around" and did not name her verbally. You need to get permission and pay her.
Here's a clip of Harlan Ellison with his great "pay the writer!" speech. I posted this five years ago and it's part of a larger documentary about the man titled Dreams with Sharp Teeth. There are some serious swear words, so NSFW, OK? OK!
Yesterday, I posted on the UP WITH CHRIS HAYES Facebook page the suggestion that she and I be on the show, talking about why everything on the Internet is NOT free for a for-profit entity to use. I included a link to yesterday's Stealing a Cartoon blog. The post was taken down the same morning.