In the past when the issue of the 'Moral Rights Of The Author' has been broached the very idea of it being applicable was pooh-poohed – and vociferously. But that was a while ago and quite a bit has changed since then. In the past when the issue of the Moral Rights came up the assertions were:
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- "this legislation does not apply to newspapers" as the "industry standard has always been ........"
- "when you submit a letter to the editor you are entering into a contract that allows ............"
- "the newspaper has standards to uphold relative to spelling, grammar and syntax and thus ...."
- "there is limited space and it is industry practice to shorten letters given this and ............"
- "the paper reserves the right not to publish material it considers unsuitable and thus ......... " etc.
For the most part all that is so and probably quite reasonable ...
to a point. In a
contemporary context, and given current community standards, what failed the
'appropriateness test' in say
Y2000 no longer does in so in so very many cases.
For instance, in regard to expletives that would have failed to pass muster in Y2000, well they are currently well accepted as a vernacular idiosyncrasy and totally/quite acceptable – 'bloody', 'bugger' & 'bastard' by way of example. I could suggest other words too but I imagine that my point is made. In any event, removing such words would be more than churlish today and a devaluation of the cultural paradigm in which language operates ... and in which they were used and invoked in most cases.
It'd be an example of linguistic vandalism to fiddle with language in this way ... but so be it!
Arguably, it is no longer appropriate to recontextualise the meaning of a text by editing out such expressive and culturally laden words, words in common use, word with multi-layered culturally determined meanings in search of 'the proper way'.
Nonetheless, if a newspaper wished to demonstrate the extent to which it is out of touch with current community standards and cultural realities they might well do so if they must. But, they cannot, and should not, enlist letter writers into their distorted world view it seems.
Unsurprisingly, the newspapers adopting such a conservative and outmoded stance might well become the butt of counterproductive jokes and possibly much more ... say via social media.
Of course there are ways to bring all this into a contemporaneous reality – and with contextual currency.
A case in point being The now somewhat famous Byron Bay free community newspaper,
The Echo which led the way very early on in the 1990s when it generally:
• Published letters IN FULL almost irrespective of length;
• Was 'light handed' in its editing, typically asking contributors to resubmit or agree to changes rather than exclude them;
• Did not publish defamatory material;
• Signalled that some editing had taken place if there had been any by saying so at the end of the item – Edited for length, Edited for syntax, Edited on legal advice, Edited with writer's permission and sometimes ... Letter not published on legal advice.
• The Echo's contract with its readers and contributors typically meant that almost every letter was published in full either in the weekly HARDcopy or the ONline version when there was one.
It was early dat but the built its very successful enterprise on CITIZENjournalism and from a very obscure place it became famous well beyond NSW's 'Northern Rivers.
Many of these letters were politically sensitive and/or contentious in regard to litigations to do with 'community and/or property development'.
It is now some time since I had any direct contact with The Echo but when I did I was a more than occasional contributor to their 'Letters' section.
I'm a 'Mullumbimby Boy' and the paper was my mother's 'local' and she consistently invited me to write on the "family's behalf" in relation to some contentious local government issue or other. So, I write here from direct experience.
The Echo knew full well on which side their bread was buttered. Local newspapers largely rely upon their 'Letters Section', ' For Sale Advertisements' and 'Births, Deaths and Marriages Advertisements' for their daily readership as I'm sure you're fully aware.
Currently just about all other news can be sourced elsewhere, and often more expediently, as I'm sure today's editors are all too aware.
When an Editor, as Editor, or a Sub-Editor in their employ, cut text from a submitted letter, almost unavoidably they impact upon the meanings invested in it. Almost invariably the decision 'to edit' will be subjective and thus contentious not to mention open to criticism ... ridicule even. For example, in removing the word "not" from any sentence, well unquestionably its meanings are changed.
I submit that if such editing (sub-editing) has not been contested up to now it's possibly because the Moral Rights legislation is not well known or well understood – even by newspaper editors it would appear.
Cutting to the chase, my letter on Jan 10 that was published Friday last. [LINK] • [LINK TO ORIGINAL SUBMISSION]. However, it has been drawn to my attention that it was heavy handedly edited without my permission despite there being 5 days to get such permission in accord with fair dealing my moral rights and the intellectual property invested in it.
Therefore, I ask why that permission was not sought? Furthermore, I ask why The Examiner might be so disrespectful of its letter writers' intellectual property?
I look forward to your response.
Regards,
Ray Norman
Trevallyn
TAS 7250
CONTEXT REFERENCES
- Moral Right Information – Arts Law ... Click Here
- Moral Rights legislation – Definitions ... Click Here
- Copyright Amendment (Moral Rights) Act 2000 ... Click Here
EVEN letters written with a thumbnail dipped in tar, even written in another language, technically, can now be scanned and published in the 21th C if there is either the will or the wit to do it. The 21st C offers a whole new paradigm!
"One day everything will be well, that is our hope. Everything's fine today, that is our illusion” ― Voltaire
"A compromise is the art of dividing a cake in such a way that everyone believes he has the biggest piece." – Ludwig Erhard