The Great Architect

This is a long overdue post, and concerns a previous image on this blog, namely the Family Misfortunes image posted here (and on B3ta.com – HERE) on 22nd November 2007.

As always, its a really nice compliment when an image appears on the B3ta.com front page, and even nicer when some of the people react as well to an image as they did to this one. Going one stage further than that, it’s really nice if someone wants to use the image in a publication… If they ask.

As with the Spice Girls ‘viral’ image which appeared in ‘The Sun’ Newspaper last year, and the subsequent (and relatively speedy) Resolution the ‘Family Misfortunes’ image in question went ‘viral’, and appeared in some publications – all ‘again’ without prior permission.

First of all, it appeared on 24th November 2007 in Martin Waller’s City Diary Column in ‘The Times’ – here:

One of the B3ta.com regulars let me know about this, so I start the process as I had done before with ‘The Sun’, emailing ‘The Times’ and waiting for the runaround.

However, as happened with ‘The Sun’, the turnaround was pretty swift, and a few email exchanges later I received an apology, and also agreement to the invoice I forwarded. Generally, a pleasant experience as far as these things go. The invoice was settled early January 2008 and settled on good terms with ‘The Times’. Indeed, and as with ‘The Sun’ it was a nice suprise to deal with people who actually took the matter seriosuly, and had the good grace to apologise for their mistakes. Considering both publications are part of the Rupert Murdoch machine that is News International I wonder if it’s something they put in the water – whatever it is, it works, and it’s nice (speaking as a general nobody in the big scheme of these things) to be treated with a little common courtesy and respect in such matters.

Not everyone shares this commendable attitude though…

In the past on this, and other blogs (most notably the blogs of Beau Bo D’Or and Tim Ireland) there have been entries regarding the lack of common courtesy in dealings with NUTS and ZOO magazines. Well, guess what. The second appearance of the image in question appeared in the NUTS issue, dated 14 – 27 December 2007. Again, one of the kind regulars at B3ta.com let me know about it. It appeared in their ‘Spambank’ section, here:

Knowing the general routine by now, I trundle off to the newsagents after being informed of this, and reluctantly purchase a copy, (carefully hiding it inside a copy of ‘Big Jugs’ Monthly – which I buy for the gardening tips – so as not to show my shame in buying a copy of NUTS) and then set to work in finding out who to contact.

Well, first up is the email address given on the actual ‘Spambank’ page. So, off goes an email on 14th December 2008. One week later, no reply.

I try again, on 21st December 2008, and send it to the main email address given in the magazine to contact them for any queries. This time, after a few days, I get notification that the email was deleted without being read.

Thinking it could be my email at fault (whch I’ve never had much problem with before) I conclude that the best course of action is going back to basics, and writing them a latter, confirming the points I’d put in my emails.

So, off goes a letter on the 8th January 2008 (Thought I’d give them some time at the NUTS office to get over their Christmas hangovers) addressed to the Picture Editor of the magazine. Just to make sure it got to where it needed to, I made sure that the letter was sent via Royal Mail Special Next Day Recorded Delivery, costing me £4.30 in the process. (It’s the little details that keep it real)

It duly arrived at the offices (the tracking number provided by Royal Mail confirms to me that it was delivered) the next day.

Here we are on 2nd February 2008, and still nothing. 51 days since the initial email, and 26 days since the letter, and not even a courtesy email or letter to let me know that the matter is being ‘dealt with’ accordingly.

So, come Monday, another special recorded delivery letter goes off. This time to the Big Cheese, Magazine Editor Dominic Smith, and including an invoice (with a small additional charge for the postage costs I’m incurring) and 30 day terms to settle.

So, what makes all this potentially ‘interesting’? Well, I’m not alone in this. Turns out another regular B3ta.com member – ‘Wildyles’ is also fighting a similar battle with NUTS as well at present, over a very well circulated viral image spoofing facebook. The image in question can be found on his Website, with the image in question being found HERE.

‘Wildyles’ also adopted the ’special recorded delivery’ approach after he received no joy from emails, and has also received no reply from NUTS. He too will be sending out a further letter to the main Editor, together with his invoice, early next week.

It seems strange in an industry such as the Media, that the ‘Big Guys’ (News International) can generally get it right, and sensibly deal with the issues, and yet the relatively ’smaller’ guys such as NUTS (Division of IPC media) consistently fail to deal with matters in a sensible and rational manner, and – as has been shown in this instance – bury their head in the sand hoping it will all go away.

It won’t.

The comments field will be left open on this. If anyone passing by this blog entry (particularly B3ta.com users, or similar) has also been affected in a similar way, by NUTS or any other publication publishing their images without prior permission, please put a few details down in the comments field. It will be interesting to see the range of responses people have had from these companies, and also the outcomes they received.

**********UPDATE**********

As of today (4th February) the letter and invoice have been sent off – again via royal mail special next day delivery – to Dominic Smith, main Editor at NUTS. Guaranteed delivery by 1pm tomorrow. Will keep you all posted.

**********FURTHER UPDATE**********

Checking the online tracking number today (5th February) the letter and invoice arrived successfully before 1pm this afternoon. It also appears that ‘Wildyles’ letter and invoice arrived as well.

Now we wait…

**********UPDATE No. 3 – 22nd February**********

Email response received from Dominic Smith – Editor.  Letter and contents are being dealt with.  Letter being passed on to Publisher Clair Porteous to deal with directly. Should hear back shortly.

Following on from THIS blog entry a few weeks ago, just a quick update to confirm that the Sun delivered on their promise, and full payment for their use of the Spice Girls parody ‘viral’ pic printed in both the online and printed Newspaper has been made.

Communications with various people at the Sun went suprisingly smoothly, (in comparison with the endless – and fruitless – conversations with EMAP over the use of viral pics) and everything has reached a nice conclusion, with the possibility of further dealings with the Sun if I wish.

Nice to know that some people can do the right thing and have no little or no trouble in doing so.

Quick mention again to both Tim at Bloggerheads and Neil at Beau Bo D’Or who really enabled the whole thing to get to this point – resolved and on good terms. Thanks again guys.