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.

A memorable remembrance of Kevin White

Kevin White (left), John Silber and John Kenneth Galbraith in 1977

My friend and former editor Peter Kadzis has written a remembrance of the late Boston mayor Kevin White for the Boston Phoenix that is striking in its depth and nuance. Phoenix publisher Stephen Mindich, a White admirer, makes a cameo as well.

Peter grew up in Dorchester and continues to live in the city. His intricate knowledge of Boston’s tribalism helps him negotiate the city’s complexities in a way that few others can match. For instance:

For most of his mayoral career, White was the candidate of middle-class aspiration. White was more than a politician; he was a symbol.

To those already in the middle class and to the far larger number of blue-collar families aspiring to that status, White validated the idea that social and economic mobility was real. A vote for White was a subliminal endorsement of the idea that each generation could expect to better itself.

In contrast, White’s mayoral rivals, School Committeewoman Louise Day Hicks and City Councilor Joseph Timilty essentially defined themselves by not being Kevin White. Hicks and Timilty offered no vision.

Kadzis reminds us that it was the Harvard economist (and Kennedy family intimate) John Kenneth Galbraith who stuck the shiv in White’s aspirations for the vice presidential nomination in 1972 — which, if it had become reality, might have led to a White presidential campaign four years later.

So I was thrilled to find the photo I’ve included here of White and Galbraith making small talk in front of a scowling John Silber five years later. (The occasion was Boston Pops conductor Arthur Fiedler’s birthday.) Clearly White believed in keeping his friends close and his enemies closer.

Photo (cc) by City of Boston Archives and reprinted here under a Creative Commons license. Some rights reserved.

The boys (and girls) on the bus, 2012-style

Curtis Wilkie

My friend and former Boston Phoenix colleague David Bernstein has written a terrific piece on the media horde that follows the presidential candidates from stop to stop. Bernstein discovers that the number of reporters on the campaign trail may be as great as it ever was, but that the composition and focus have changed considerably.

Unlike campaigns past, Bernstein writes, local newspapers are barely represented. The New York Times and the Washington Post are on the case, of course. But even the Boston Globe, which has made a significant effort to cover the 2012 race, can’t match what it did in 1988, when it actually established a bureau in Des Moines the year that Michael Dukakis won the Democratic nomination.

So who’s taken their place? Niche organizations devoted to covering politics such as the Huffington Post, Politico, Talking Points Memo, Slate, Salon, Real Clear Politics and the cable news operations. Bernstein argues that the result is coverage that is more insular and insidery than ever, as news aimed at a general audience has been replaced with news for political junkies.

I’m not sure I agree. Yes, the state of political journalism today can be dreadful at times, but it was pretty bad back in the day, too. Inside baseball has always been the stock in trade. Bernstein pays homage to Timothy Crouse’s classic treatment of the 1972 campaign-trail press corps, “The Boys on the Bus.” One of Crouse’s key observations was that few people on that bus dared go off the reservation and report stories no one else was reporting for fear that their editors squawk.

One of the most fun stories I reported during my own years at the Phoenix was the 2000 South Carolina Republican primary campaign, when George W. Bush annihilated John McCain. For two days I rode in the McCain caravan, and then spent two more days driving to Bush events. So I enjoyed Bernstein’s interview with the legendary political reporter Curtis Wilkie, a star of “The Boys on the Bus.” I got to talk with Wilkie on the trail 12 years ago, when he was still working for the Globe. Wilkie has since moved on to the University of Mississippi.

“For the broader audience in the middle of the country, the idea that your local paper does not have a presence there, it’s sad,” Wilkie tells Bernstein.

The problems of political coverage are the same as they ever were: an obsession with the horse race to the near-exclusion of ideas; a pack mentality that makes it difficult for anyone to report stories that are truly different; and an orientation toward inside stories about strategy rather than about how candidates might actually govern.

Bernstein has given us a close-up look at how the good, the bad and the ugly of political journalism has made the transition to the technological, post-newspaper age.

Photo © 2011 by the University of Mississippi.

The Globe, the Phoenix and the pedophile-priest story

Jim Romenesko has posted a letter from my friend Susan Ryan-Vollmar on the Boston Phoenix’s groundbreaking work in exposing the pedophile-priest story, and on the Boston Globe’s ongoing silence about the Phoenix’s coverage, which predated the Globe’s by nearly a year.

I think Susan, a former Phoenix news editor, gets it fundamentally right. The Globe got the documents that led to Cardinal Bernard Law’s departure. The Globe richly deserved the Pulitzer Prize for Public Service that it won in 2003. But I agree with Susan that Kristen Lombardi’s reporting for the Phoenix warrants more public recogntion than it has received.

Susan, Kristen (currently a Nieman Fellow) and I all worked at the Phoenix together and remain friends. I consider Kristen to be the finest reporter I ever worked with. Susan is a first-rate editor who did much to shape and focus Kristen’s stories. Walter Robinson, who was the Globe Spotlight team editor that covered the priest scandal, is now a valued colleague at Northeastern.

But Susan has laid down the gauntlet, and Romenesko has asked Globe editor Marty Baron to respond. This bears watching.

CJR profiles the Phoenix’s iron man of Occupy

The Boston Phoenix’s Chris Faraone, whose iron-man coverage of the Occupy movement has been an inspiration, is the subject of a terrific profile in the Columbia Journalism Review. Faraone plans to publish a book on the movement next month called “99 Nights with the 99 Percent.”

Trying to track down an old Gingrich outburst

Newt Gingrich

I had hoped to stir up a little controversy this week over something Newt Gingrich said a long time ago. But unless someone out there in Media Nation has better documentation than I do, I’m afraid I’m going to fall short.

Here’s what I’m talking about. On Friday and Saturday, May 13 and 14, 1994, I was among three reporters from the Boston Phoenix who covered the Republican State Convention in Springfield. (Also on hand were Al Giordano and Bob Keough.) On Saturday, Gingrich, then well on his way to becoming speaker, delivered the keynote address.

I recall sitting in slack-jawed amazement as Gingrich offered some hate-filled words about disease-ridden Haitians invading our shores while Bill Clinton did nothing about it. (The AIDS epidemic seemed to be centered in Haiti in its early days.) Unfortunately, no one wrote it up according to the online archives I searched.

As best as I can tell, neither the Boston Globe nor the Boston Herald bothered to cover Gingrich’s speech. Neither did the Worcester Telegram & Gazette, though it did quote then-congressman Peter Blute, who introduced Gingrich, as saying, “He energized the base of the party to get out there and work hard for the candidates.”

The Springfield Sunday Republican offered up a few soundbites from Gingrich — but nothing on Haiti and AIDS, as the story focused mainly on Gingrich’s praise for then-governor Bill Weld. “What makes Gov. Weld so different is he understands the obligation not to repair it, not to raise taxes to pay for it, not to prop it up, but to replace the welfare state,” the Republican quoted Gingrich as saying.

The Daily Hampshire Gazette of Northampton got a little more incendiary, with this:

Gingrich also attacked congressional Democrats for what he called, “a provision in the crime bill that establishes a racial quota for murderers,” referring to a section seeking to determine if members of one racial group are being convicted for murder more than others.

But alas, still nothing on Haitians.

I thought I must have written something. So last week I visited the Boston Public Library, where I looked up the issue of the Phoenix that was published the Thursday after the convention. And there was not a word about it. Apparently we had made the decision to cover the event for background purposes on the grounds that no one wanted to read what we had to say five days after the fact. Of course, this being 1994, we weren’t blogging the convention. So if it didn’t appear in the paper, well, it didn’t appear.

In an ironic twist — as Gingrich and Mitt Romney battle it out for the Republican presidential nomination — is that one of the stars of the convention was Romney, who was just beginning his campaign against Sen. Ted Kennedy.

It’s possible that I’ve got a notebook in the attic. But finding it would be a huge challenge, and then I’d have to decipher my handwriting from more than 17 years ago. It’s also possible that I did something with it later in the campaign. But I doubt it, and eliminating that possibility would require several hours with microfilm.

So there you have it — a tantalizing tidbit about Gingrich, just out of reach, less than a week before the Iowa caucuses. If anyone remembers this or has a newspaper clipping, I would love to hear from you.

Photo (cc) by Gage Skidmore and republished here under a Creative Commons license. Some rights reserved.

Why small cities may hold the key to the future

There’s nothing quite listening in on a smart conversation by two old friends. In this week’s Boston Phoenix, Catherine Tumber talks with Jon Garelick about her new book, “Small, Gritty and Green: The Promise of America’s Smaller Industrial Cities in a Low-Carbon World.”

Cathy’s big idea is that down-on-their-luck cities like Lowell and Springfield may be due for a revival as economic and environmental constraints make urban living more appealing. And unlike major metropolises such as New York or Los Angeles — or Boston, for that matter — small cities have the capacity to develop their own self-sufficient ecosystems, including locally grown food.

The book is based on an essay Tumber wrote for the Boston Review in 2009 titled “Small, Green and Good.”

I read “Small, Gritty and Green” in galleys last spring, and I recommend it highly. Cathy also has given me invaluable advice for my own book-in-progress on the New Haven Independent and other community news sites, tentatively titled “The Wired City.”

Violence, art and the media’s responsibilities

Journalists from a number of Boston news organizations will gather this Thursday evening for a panel discussion about the media’s role and responsibilities in covering urban violence.

Part of the exhibit “Anonymous Boston,” which documents the lives of young murder victims and how the media covered their deaths, the discussion will be held at the Fourth Wall Project, near Kenmore Square, at 132 Brookline Ave. The panel is titled “If It Bleeds, It Leads: The Role of Media in Urban Violence.” I will have the honor of moderating.

The exhibit is the subject of this week’s cover story in the Boston Phoenix by Chris Faraone. As you will see, the families of murder victims say the loss of their children is often compounded by sensational, inaccurate media coverage and by hateful online comments.

The Boston Herald is singled out by several people as a particularly egregious offender. Morever, Joanna Marinova-Jones, the community activist who has overseen the exhibit, is in the midst of a libel suit against the Herald. Despite those facts (or maybe because of them), I’m hoping the Herald will accept our invitation for what is intended as a substantive, civil conversation.

Participants who have already confirmed include Boston Globe city editor Steve Smith, Bay State Banner executive editor Howard Manly, WGBH Radio (89.7 FM) senior investigative reporter Phillip Martin, El Planeta managing editor Marcela Garcia, pioneering African-American television reporter Sarah Ann Shaw and Faraone.

The event will take place from 6 to 8 p.m., and is free and open to the public.

Catching up with Occupy Boston

If you really want to know what’s going on with Occupy Boston, then you have to check in with my friends at the Boston Phoenix. Anchored by the redoubtable Chris Faraone, the Phoenix has been providing non-stop coverage of the burgeoning protest movement for the past week. You’ll find the latest here, and a link to past coverage here. Essential stuff.

Meanwhile, there’s a fascinating story in the New York Times on the growing alliance between organized labor and Occupy Wall Street, of which Occupy Boston is a part. Things should start to get interesting right about now.