Does the Daily Mail understand copyright law?

Earlier this week, my attention was drawn to a story on the Daily Mail’s website on the basis that it was unusual. And it is, for here’s a story about gay parents which makes no attempt to demonise them or suggest that the baby concerned is at risk in any way. For the Mail, that’s a big step forward.

Daily Mail story on gay surrogacy by Julie Moult

The story itself is quite a heart-warming one: a gay couple are now parents of a beautiful baby boy, thanks to one of the men’s sister, who acted as a surrogate.

It’s clear, though, that the couple did not approach the Mail with their story, but that the majority of the “investigation” has been conducted by reading pages of the people concerned.

However, on his Facebook web page last week, Mr Sigston could not contain his excitement.

‘I am one happy Daddy – life is good, life is just where I want it,’ he wrote.

Two weeks after the birth he posted a message to Mrs Bradley which read: ‘Still really can’t believe how one amazing gesture can change the course of your life. Thank you sooooo much – you know who you are!!!!!

Any attempts by the Mail to garner direct quotes resulted in people refusing to talk about this private matter with them:

…’We’re not ready to talk about this at the moment.’…

…A spokesman said it was a private matter on which they would not be commenting.

Yesterday, Mrs Bradley said she was shocked the story had come to light and said she wanted time to think about whether to speak publicly. She said: ‘I need to consult my family, this has all come as a bit of a shock. There is a lot of us involved in it so we have all got to discuss it.’

That hasn’t stopped the Mail from publishing many photos, both of the happy parents and the sister who has helped them. Apart from one papped shot which is credited to freelance photographer Glenn Harvey, every other photograph on the page has the wording “© Facebook” attached.

Except that Facebook doesn’t own on photos you submit to it – remains with the people who took the photos. While there have been spats with Facebook over changes to their terms of service in recent times, the company has never attempted to claim over what it terms “user content”. As with any other website, you grant the site a licence to republish your content to your friends or other people, depending on your settings. That doesn’t enable newspaper organisations to take those photos and republish them without your permission.

A quick look on Facebook now confirms that the three adults involved in this story have their privacy settings locked down so that only friends can see the pages from which this information has been lifted. Whether that was the case at the time the Mail lifted the story and the photographs, I can’t say. But whatever their privacy settings were, the had no right to use those photographs without permission — and from the quotes provided, it sounds unlikely that such permission would have been given.

How not to write news stories, part 1: Don’t lie in your first sentence!

From IT site The Register:

users may no longer be able to hide after the website announced it is launching a service that enables anyone to view member profiles.

Except they haven’t. And it’s easy to see they haven’t. If you’re a Facebook user, there’s a huge block of text, plus an illustration, to show what actually will be going on. And, in easy to understand language, how to take action if you want to change something.

A new facility has been enabled that allows searching for someone by name to be undertaken by people who aren’t logged in. If someone searches for you, and finds your details, all they see is your thumbnail profile picture and your name, plus the usual links on the right-hand side: Send message, Poke, etc. However, any further action requires either logging in or registration.

So, what resemblance does that have to “a service that enables anyone to view member profiles”? None. To view a member profile, you need to be a Facebook member as before. And all the existing controls that hide whether or not people can view your profile remain in place, so even if you are logged in to Facebook, there’s no guarantee you’ll be able to see the contents of somebody else’s profile.

Also, in a few weeks, pages containing these sort of search results will be indexable by major search engines. Which means that all they will be indexing is your name, a thumbnail image of you (if you have one) and the fact that you (or someone who shares your name) has a profile on Facebook. And this can be very easily opted out of.

I’m sure there are people who say this service should be opt-in, rather than opt-out — fair enough. Opting out with plenty of notice (remember, these search results are not yet visible to search engines, and won’t be for a while) seems a very professional way of handling things to me.

However, , author of ’s piece, says:

[Facebook site engineer ] also downplayed the importance of the decision to open up information to the general public.

I’d say that, rather than anything being ‘downplayed’, Fung was being truthful, which is more than Taylor’s trumped-up piece of writing is.

Journalism like this horrifies me. It’s bad enough that people have been trained to think that starting a news story from an easily checkable inaccuracy is okay. It’s even worse that editors either sanction, or encourage, such sloppiness. Is it incompetence or deliberate deception? Either way, it’s not what you’d call professional.