October 31, 2006
Darcy Burner mailer misappropriates Michael Yon's photo

Several readers e-mailed to alert me to this Darcy Burner flyer which came in Monday's mail. It includes Michael Yon's famous image of an American soldier carrying an Iraqi girl who had been fatally injured by a terrorist bomb. Yon describes it:

Many people say this is the most important photograph of the Iraq war. The image most completely embodies my experience throughout Iraq.
This article has the story behind the photo. Major Mark Bieger risked his life to try to save that little girl. Michael Yon risked his life to take that picture. The Washington State Democrats, who are responsible for the mailer, misappropriated Yon's photograph to disparage and campaign against the sacrifice and the mission that the photo represents.

Yon has not taken kindly to unauthorized commercial uses of this photo.

hat tip for the mailer photos: E.Y.

UPDATE: Postman reports that Yon says the matter has been resolved

Earlier today, concerns were raised about the use of an iconic photo to which I own the copyright. I understand that mistakes of this nature can happen with no malevolent intent, and the Washington State Democratic Party has responsibly addressed my concerns. We have agreed on a one-time license for the past use of the image and this matter has been fully and completely resolved.

Posted by Stefan Sharkansky at October 31, 2006 12:22 AM | Email This
Comments
1. Stefan,

I agree, I never liked the Democrats charge of lying about Iraq and WMD etc. Everyone in the world though Iraq had WMD and Saddam sort of wanted people to think that. Bush and the team are incompetent, they are not habitual liars. Believing that Bush lied requires people to also believe that Bush is willing have US soliders killed for unjust reasons. That is asking too much of fair minded people. Yes, Bush and team have been "caught" not telling the truth after the fact, like in the Katrina fiasco. However, the real story of Katrina is not lying it is incompetence. The real story of Iraq is incompetence. The real story of Harriet Meirs is incompetence.

Would you let GWB manage your finances or your 401K? LOL!

Reichert is an incompetent because he did not catch the green river killer for decades despite 7 times being handed very direct evidence of Ridgway. Would you hire Reichert as your neighborhood security guy? LOL! Reichert is a tax cut and spend Republican which is another sign of incompetence.

The lying charge plays well in the leftist circles, not so well for the rest of the people. The incompetence charge plays well everywhere because it's true.

Posted by: John McDonald on October 31, 2006 12:50 AM
2. John, if I HAD to put my money in the charge of either George W or John Kerry, I'd take the one with the MBA (George W).

If I HAD to place my neighborhood security in the charge of Dave Reichert or Darcy Burner, it's not even close. The Sheriff gets the nod. Hands down.

Posted by: Michele on October 31, 2006 12:58 AM
3. John stick to the topic.

Darcy Burner's campaign used a copyrighted picture that the copyright holder has continually rejected for commercial and political use. Now her campaign had an excuse that they weren't responsible for the copyright violation in the television ad, this time the picture is known over the entire world.

You can keep jumping up and down with your criticism of Reichert all you want. However, he has not lied like Darcy Burner has. You act like a spurned lover, out to destroy that which you claimed you liked.

I wonder if Michael Yon will go after the Burner campaign for copyright infringement. It would be hilarious for the Burner campaign to have to pay for their thievery.


Posted by: skeptic on October 31, 2006 01:01 AM
4. I SORTA LIKE DAVE, BUT WILL VOTE FOR BUNER - SOMETHING APPEALING ABOUT HER -- FRESH ENERGY AND NEW IDEAS ARE NEEDED IN CONGRESS.

BUNER SHOUD PAY, NO DISCUSSION. VIOLATE COPY RIGHT, PAY THE PHOTO TAKER. THAT USE IN HER COMMERICAL IS WORTH 10.000.00 ... OR MORE

ANY AD AGENCY KNOWS BETTER

Posted by: Jack on October 31, 2006 03:22 AM
5. So, Jack, you give her a pass to steal a photo because it works well in her propaganda. Then, if she is caught, she can offer to pay for it.

This sounds like Deb Eddy. What is it with ethicially challenged Democrats? I guess it is that whole socialist philosophy. No property rights, common good, etc.

Darcy Burner used a photo without permission of the author. What makes you think he would have authorized its use in this fashion? No amount of money will take back the political use of his work.

Democrats are all hypocrits. And, John McDonald, so are you. Whatever you are.

Posted by: Janet S on October 31, 2006 08:49 AM
6. Jack,

PLEASE vote for "Buner" in this election. You'll have to use the write in vote line at the bottom as Buner is not officially on the ballot. If you can't see clear to vote for the best person, Dave Reichert, please cast your vote for write in canidate Buner.

Posted by: Chris on October 31, 2006 08:51 AM
7. "borrowing" a copyrighted photo? hopping a US border fence? filling out 3 King County ballots in your name? liberal ends justify the means.

what next? autopsy photos or highway crash photos? is this a grocery store tabloid paper or a campaign who wants my vote?

Posted by: jimmie-howya-doin on October 31, 2006 08:52 AM
8. Jack, the composition of your contribution speaks volumes about you and your ilk.

Posted by: Kent on October 31, 2006 08:58 AM
9. "you and your ilk."

Hey, let's leave the wildlife out of this. I think that the Ilk are a noble animal. I especially like the antlers... Uh oh....

Never mind.

Posted by: bfr on October 31, 2006 09:05 AM
10. I heard she had another ad misappropriating photos of real Microsoft executives...

and also a couple of real "community club" leaders

She left off any shots of law school dropouts

Posted by: righton on October 31, 2006 09:07 AM
11. I hope Michael Yon sues her and the dems. They deserve to take the hit. Unethical to the core.

Posted by: Steve (Was Steve_dog) on October 31, 2006 09:10 AM
12. This is a continuing pattern behavior for Demorats like Burner . . . well, any Demorat actually. The rules are for everybody else but them. My liberal neighbor functions this way with his taxes as he shouts that "we" (in the U.S.) don't pay enough taxes (as anywhere in Europe) as he dodges paying the very elemental ones that we all do.

This problem of Burner's (remember the stealing the TVW intellectual property) shows that she herself is either an incompetent personally or as a manager (not hiring the right people) or she is disrespectful of other people's life-work. Either way she's not up to the job.

Mr. MacDonald: You are a terrific hindsight guy. It is real easy to be critical of others when the facts are finally known years later. I didn't see you putting the (what you think are) obvious facts together to catch TGRK those many years ago or did I miss your letters to the editor fingering Ridgeway? There was a lot of blog buzz before Iraq. Do you have proof that you knew that there were no WMD in Iraq? Why not show us your intelligence on the subject?

Posted by: G Jiggy on October 31, 2006 12:16 PM
13. Lie, Cheat and Steal. Is there anything new here? Same old Dems.

Posted by: Jeff B. on October 31, 2006 12:33 PM
14. John, your faux conservative schtick is wearing a little bit thin.

Posted by: South County on October 31, 2006 12:34 PM
15. Mr. McDonald,
Your comment that Congressman Reichert is imcompetant because it took him decades to catch the Green River Killer is a result of what clearly is your total ignorance. The Green River Task Force had focused on Gary Ridgeway for years and in fact at the time that the name of the identified killer was brought to (then Sheriff) Reichert, Dave named Ridgeway before even opening the envelope. The difference between knowing "who done it" and actually arresting someone for the crime involves a concept called "proof". This is a concept that aparently is unknown to you as well as to those of your mindset since you regularly make comments that lack proof.

In the case at hand (which you never mentioned in your post) the Burner campaign has utilized on two seperate occasions, copywrited material for which they did not have permission to use. THAT, I would submit is incompetance on the part of either the cantidate herself, or her campaign - which in the end, is the cantidate herself.

Posted by: Jay on October 31, 2006 12:41 PM
16. Jack: You sorta like Dave, but will vote for Burner? Why? "Fresh face" just doesn't cut it as a reason. Thinking people base their decisions on the issues. Thinking people generally know better than to elect someone who has no community experience, no political experience, is lacking in ethics and the ability to tell the truth, and would provide us with just another urban bimbo as representation from our state.

Posted by: katomar on October 31, 2006 01:33 PM
17. Keep howling.
http://www.portlandtribune.com/news/story.php?id=28641
Ctrl C Ctrl V, whoops - © infringement more interesting than policy!? Welcome to the future.

Meanwhile, in the battle over images did you forget this as well?
http://www.washingtonpost.com/ac2/wp-dyn/A55816-2003Oct20?language=printer
http://www.cnn.com/2004/ALLPOLITICS/04/23/bush.caskets/index.html
or this?
http://www.thememoryhole.org/war/coffin_photos/dover/

Posted by: ben on October 31, 2006 01:40 PM
18. As a professional graphic designer, I'm shocked that any reputable designer would let something like that get produced. Using photos like that is not something that I take lightly. I try to account for the source of any content that I work with. I've personally called clients to account for content that I suspected was copyrighted. While the client is in the end accountable for the content, the designer should have known better.

Posted by: hdw on October 31, 2006 01:46 PM
19. hdw - totally agree. They need to send the man a fat check with an apology. Very dumb.

Posted by: ben on October 31, 2006 02:04 PM
20. ben - Diebold...

(snicker)

Posted by: alphabet soup on October 31, 2006 02:28 PM
21. Michael Yon is going to object to this.

But it's so typical. Burner steals from a veteran to malign and abuse serving soldiers.

Maybe she can join John Fraud Kerry in calling us idiots, saying our buds died for nothing, and comparing us to "Jenghis" Khan.

What a disgusting piece of smegma Burner is. There's nothing fresh about her 1971-style GI bashing.

Of course, in moonbat-occupied coastal Washington, those are mainstream values.

Posted by: Kevin R.C. 'Hognose' O'Brien on October 31, 2006 06:03 PM
22. boring.. more righties pissing and moaning in their wheaties. I guess it's only ok when your demagogues do it.

Posted by: george on October 31, 2006 07:24 PM
23. so you do not have a problem with copyright infringement, George?

Posted by: jcrue on November 1, 2006 11:18 AM
24. UPDATE: The issue has been resolved. This statement came tonight from photographer Michael Yon:

Earlier today, concerns were raised about the use of an iconic photo to which I own the copyright. I understand that mistakes of this nature can happen with no malevolent intent, and the Washington State Democratic Party has responsibly addressed my concerns. We have agreed on a one-time license for the past use of the image and this matter has been fully and completely resolved.

from http://blog.seattletimes.nwsource.com/davidpostman/archives/2006/10/photographer_says_iraq_photo_misused_in_burner_flier.html

Posted by: Ben on November 1, 2006 12:06 PM
25. Gypsies, tramps and thives.

Posted by: Michael on November 1, 2006 03:41 PM
26. Translation: The thieves made restitution. I note that this does not make them other than thieves.

Posted by: Californio on November 1, 2006 04:56 PM
27. Well, this is the reply that I got back from Michael Yon's representative:

----------------------
From: irene p.
Sent: Tuesday, October 31, 2006 2:35 PM
Subject: RE: Darcy Burner flyer with Michael Yon image

He does know about it. He's just landed in Thailand after days of flying but he checked email and learned about this. His attorney is now handling this.
----------------------

So, we'll let the lawyers do their work on Burner's campaign. :)

Posted by: DunnerMeister on November 2, 2006 03:48 PM
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