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Arts and Culture

Moore May Face Lawsuit Over Iraq Photo

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Posted on Jan 15, 2009
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johnmurneysblog.blogspot.com

A photograph of an American soldier cradling a mortally wounded Iraqi girl in his arms has become the source of potential trouble for Michael Moore. Apparently without photographer Michael Yon’s permission to use the picture, the filmmaker featured the image on his Web site in a way that Yon found objectionable.

Click here to read Yon’s take on the situation.


The New York Post:

Yon has tried to contact Moore for seven months to discuss his unauthorized use of the poignant snap, but hasn’t heard a word back from the director of “Fahrenheit 9/11.” Now, the fed-up photojournalist has told his lawyer to ready a lawsuit against Moore for copyright infringement.

The misappropriated photo shows US Army Maj. Mark Bieger cradling an Iraqi girl wounded by car-bomb shrapnel. She died a short time later.

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By BobZ, January 19, 2009 at 3:22 pm Link to this comment

Michael Moore is a patriotic American who holds America to the high standard we want for our country. Moore is showing the consequences of an illegal war started by an incompetent president. The photographer in question has a right to sue but why? Moore is one of those few who is not afraid to talk about the “emperors new clothes”. Just look at how long ago he questioned Roger Moore about GM about their shoddy cars and how they destroyed towns in Michigan. Fast forward 30 years and Moore was correct. He also had the guts to question this countries gun culture and abysmal health care processes and costs. We need a lot more Michael Moores and a lot less George W. Bushes.

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By troublesum, January 19, 2009 at 11:30 am Link to this comment

Our representatives who vote to finance these wars must see the consequences of their acts.  Like pilots who drop bombs from 3000 ft they don’t like to see their dirty work.  There is a reason that the powers that be don’t like Michael Moore.

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By william colbert2422, January 17, 2009 at 11:40 am Link to this comment
(Unregistered commenter)

Whenever any one does anything that some powerful interest doesn’t like, they will be hurt. As AF General Richard Secord famously said “if a democrat doesn’t have a problem I can use to control him, I’ll make one for him.”

In the same vein, torture is used as much for its effect on those who might do something as for the effect on those who have done something.

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By hippy pam, January 17, 2009 at 7:13 am Link to this comment

MOORE has alway been OUT IN FRONT…Telling it AS HE SEES IT…Whether he is looking at other peoples photos or TRYING to PERSONALLY get in to see R.Smith….So WHAT if he sensationalizes?-It’s better-by far-than the WATERED DOWN VERSION of news? we ARE ALLOWED TO RECEIVE-after it has been cleaned up of blood and guts-toned down-and SANITIZED for OUR VIEW[cuz we aren’t ADULT enough to handle it otherwise]

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By Conservative Yankee, January 17, 2009 at 6:54 am Link to this comment
(Unregistered commenter)

I question if a photo (unstaged, and uninvited by the photo subjects) can be successfully copyrighted by a professional who then (willingly) places that photo in the public domain.

Since the supreme court has ruled that “Money=free speech” (as in campaign contributions) it might follow (under a less capitalist court) that a picture depicting a war financed by public funds can NOT be copyrighted for profit without the express permission of the people who paid for the war.

I’d love to get a chance to argue that case.

One more question:

Was Yon “embedded” at the time of the photo?

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By DavidPabian, January 16, 2009 at 2:16 pm Link to this comment

The image is the cover of Yon’s book.  The lawsuit’s probably just about publicity.  It was a widely printed photo and Yon should’ve been credited by Moore (maybe he was?) — but I suspect it’s all just a PR move.

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martin weiss's avatar

By martin weiss, January 16, 2009 at 12:32 pm Link to this comment

Murder is a crime. In no viable society can murderers have a future. The illegal, optional, elective military action in Iraq is not now, and never has been a “war”. Bush orchestrated the mass murder of a million people. That’s the gravest international crime. Claiming copyright on a photo documenting international murder ought to be denied. This ought to be public domain, whoever took the photo.
And it is an obscenity.

If Bush and Cheney, et al, had conscience, ethics, or shame, they’d go into hiding for the rest of their no doubt miserable lives. Recently Bush used the word “pathetic”. For once he was exactly right, but add disgusting, loathsome, insane.
Anybody who thinks it is OK to kill a million people for no good reason is, too.
The photo is some inadequate guy’s single claim to fame and he wants his rights. Pathetic.

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By Joe, January 16, 2009 at 12:05 pm Link to this comment
(Unregistered commenter)

My question is this.

Did the photographer ask permission of the people in the photograph if he could profit from their likeness?

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By Folktruther, January 16, 2009 at 9:54 am Link to this comment

Moore is a corrupt Progressive but, as LITTLEPROTHER suggeted, his artistic work is often admirable.  This is the usual harrassment of genuine progressivism, echoed this time by TruthDig.

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By felicity, January 16, 2009 at 9:07 am Link to this comment

I have, by now a very yellowed clipping, from the LATimes dated March 30, 2003.  The caption reads, “Comforted:  A medical corpsman with US Marines in central Iraq cradles a young girl after a group of civilians got caught in the cross-fire during a battle between Marines and Iraqi fighters.  To the north, allied warplanes pounded Iraqi forces near Baghdad.”

I imagine there are thousands of photographs similar to mine and Mr. Yon’s taken in Iraq since we began that war waged against the Iraqi people. I don’t deny Yon’s right to sue Moore, yet I wonder why nobody has thought to sue the perpetrators of that needless war.

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By Little Brother, January 16, 2009 at 6:22 am Link to this comment

I’m too much of a lefty to be satisfied with Moore’s equivocal politics, but I admire and appreciate his film work.

This article might as well have stayed on “The New York Post”.  If there’s a copyright violation, so be it; I’m sure Moore can handle the financial consequences.

But it’s truly a trivial issue—a pecadillo at worst.

It’s ironic that the photographer references the famous Iwo Jima photo—which, while authentic, depicted a larger flag being raised after the battle.  This distinction was not emphasized after the photo became wildly popular and famous.

But I digress.  This story is indeed a tempest in a teapot, as so many of the “scandalous” or would-be “debunking” stories about Moore are.

This reminds me exactly of the media’s seeking out science-fiction writer Ray Bradbury to get his opinion of Moore entitling his film “Fahrenheit 9-11”, a parody of Bradbury’s classic “Fahrenheit 451”.

Bradbury, apparently a crusty old reactionary, gruffed and harrumphed and said, in effect, that Moore had a helluva nerve!

It’s déjà vu all over again. 

The horror!  Boo-freaking-hoo.

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By Anonymous, January 16, 2009 at 2:28 am Link to this comment
(Unregistered commenter)

I read the photo (without considering any context): good people on all sides. The context Mr Moore provided didn’t change this reading, except to say that both the child and the soldier are victims and pain is on all sides of a war.

I must say, though, that Mr Yon’s interpretation and article on his site did indeed change the photo for me. Mr Yon seems to say that he wants to see it used only in a context that supports the USA’s propaganda or at least doesn’t question it.

On the other hand, this silly spat hasn’t changed my opinion of Mr Moore at all either. I still think he is so loud because he lacks the brain to provide arguments.

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By diamond, January 15, 2009 at 11:01 pm Link to this comment

Oh, that naughty Michael Moore! If I wasn’t so short I’d kiss him for putting that photo on his website. Gimme some truth indeed. Maybe some other, much more cowardly, people can now follow his example and show the hideous reality that only news outlets like Al Jazeera ever show. At least a million Iraqis are dead - this child was only one of them- and somehow Michael Moore is in the wrong fot acting as if her death mattered? Mad world.

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