Now it’s Manila Bulletin’s turn. The newspaper filed a counter suit against photographer and blogger Anton Sheker.
Anton earlier filed a Php 1.2 Million copyright lawsuit against Manila Bulletin (including the graphics artist and section editor) for publishing his photos without his permission {see earlier story here and the first coverage here}.
In return, Manila Bulletin is suing back Anton with exemplary and moral damages for Php 2.0 Million. MB claims fair use in its publication of the photos.
The developments are getting juicer. Will post updates once I get a copy of the complaint.
how can MB be so arrogant? but then if you’re big and have been used to bullying,you ignore RULES like copyright. i agree about simply paying up–how much is a contributor’s photo these days? they probably pay a measly 100-200 pesos. PDI pays 250 for contributors so I don’t think that’s too far away from MB’s price. anton would probably price his work much higher and it would be his right,of course. but MB would rather sue? such arrogance! go ahead anton and do them in. this will be an interesting case to watch. good luck out there.
anton,you should go ahead and meet MB head on. i agree with all the previous comments. MB doesn’t have a case. they are simply used to bullying and being big.and they’ve probably done this in the past but nobody as much as whimpered. rock and roll!
oh ano? simulan na ang call for MB boycott? marami pa namang ibang classifieds out there. saka wala naman laman ang panorama. LOL
Hello.
I know that Anton has said that he’s not going to make any comment at this point (Reply #13), and it’s only right.
But I do hope he pursues this further. “Fair Use” doesn’t apply in this case. You only have to use your common sense. Manila Bulletin does not have a case. They’re acting like a big bully corporation trying to step on a hapless civilian, hoping he would go away. But really, they’ve got NOTHING. They’re bluffing and I hope Anton calls them on it.
It’s the classic case of “Sya na ang gumawa ng mali, sya pa ang galit.”
that mb! i will no longer buy that daily. anyhow puro classifieds lang naman laman nung paper nila. mag online claasifieds ads na lang tayo. not that i do buy dailies nowadays. MB is so proud, why not admit that they erred. iba talaga pag may armada of lawyers.
This is ridiculous. Companies like Manila Bulletin should realize that it’s just a hell of a lot cheaper to pay people for their work instead of filing ridiculous countersuits.
bakit idinemanda? bakit hindi sinagot na lang yung unang demanda? ang gulo. nalilito ako. :)
offtopic: there’s an error on your paginated comments. I can’t read the previous comments, clicking the pages is sending me to the home page.
more power anton!
turuan ng leksyon yang MB na yan!
Abe,
Thanks for the post.. i will refrain from saying anything for the moment.. we have 10… oops 9 days to file our reply.. :)
The Philippines is largely emulating the U.S. copyright system. In the U.S. fair use is copyright infringement by definition but one that is legally allowed. So, not all forms of copyright infringement is illegal. Those that aren’t illegal are considered fair use.
Now, fair use is determined in a case-to-case basis. Just because it was deemed in one case that thumbnails are fair use doesn’t mean that all uses of thumbnails are also fair use. So while a ruling in the Sheker vs. MB case may set a precedent, it’s by no means a set-in-stone rule after.
If I remember correctly, JJ Disini said something to this effect during the 4th iBlog (I took notes, heh):
Though in a way, I agree with MiGs. Kailangang may legal reference talaga tayo.
i don’t think sir anton is after the money in the first place, its the principle of copyrights that is the issue. MB should be ashamed
I think this will end to a settlement.
Pero i hope it wont.. para magkaron na tayo ng legal reference sa mga ganitong issue.
Interesting. I’d like to see how this thing pans out.
This will be a landmark case.
MB’s defense could go something like: if bloggers can use other bloggers’ photos on their sites, so can print media. Fair use.
Shame on Manila Bulletin! They could not pay for the mere photos and they are the leading newspaper in the country (i think).
Good for Inquirer they pay for photos they published, i got paid.
Visit www.manilablog.com – win 10$ or a domain…
MB filing counter charges is normal (I think) for most civil cases. Happened to us too in another civil case. copy of complaint is available to the public if you know what court it is filed.
I wonder if MB will settle. If civil case, first step is court annexed mediation before trial.
“Manila Bulletin is suing back Anton with exemplary and moral damages” – they are the one should sued by this thing. Theres no “fair use” to what MB did to Anton. (astig si kuya Abe, makakakuha pa ng copy)
since when did blatant copyright infringement became ‘fair use’?
do they share the same lawyers with sulpicio? LOL!