Per an update to Postman’s blog, photographer Michael Yon released the following statement

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.

I hope Mr. Yon got a triple fee for their “unauthorized used” of your great work.

But what is still unresolved and is just as important, is will Darcy Burner make a statement denouncing the “unauthorized use” of this photo and DCCC use of TVW tapes in a TV hit ad. Her actions will be an aid to voters in the WA 8th CD, the home of Microsoft, about her views on intellectual property rights, business practices, and genernal ethics. Darcy Burner, we all are watching to see actions that will allow us to get to know the real you. After all, how can you deal with China, where rampant software piracy and generally low regard for intellectual property rights make it difficult for technology companies, such as Microsoft and Adobe, to do business when you are willing to tolerate this for your personal gain.

Technorati Tags: Darcy Burner,  Dave Reichert,  Washington State Democratic Party,  WSDCC,  John Mason,   Michael Yon,  photography,  photo,   Democrats,   Thief,   Democratic Congressional Campaign Committee,  DCCC,  TVW, China, Microsoft, Adobe

A state Democratic Party flier for congressional candidate Darcy Burner (WA 8th) includes an “unauthorized used” photo. This is a nice way of saying they took it and used it. I am sure they hoped the photographer did not have the resources to deal with it being stolen. Sorry, I am an Eastern Washington boy, so we are very blunt on these matters. The photo, by Michael Yon, is a U.S. solider with a dying Iraqi girl in his arms. You can see the flyer here.

“It’s a copyright infringement, it’s a legal matter,” D.C. attorney John Mason told Seattle Times reporter, David Postman.

As person who has made a living from intellectual property almost their whole adult life, including stock photography, I have zero tolerance for copyright infringement. The photo is this man’s property to use as he sees fit and to sell or not sell as he sees fit. End of story.

If Burner does not condemn the action of the state party and offer payment and an apology to Mr. Michael Yon, then please vote for Congressman Dave Reichert!

After all the 8th CD is the home of Microsoft and we need someone congress who gets it when it comes to intellectual property.

Yes, the flier was produced by the Washington State Democratic Party, not her campaign, but the goal is to help her gain office. Time to show the voters your character Darcy. This was done in your name and for your gain.

Democratic spokesman Kelly Steele said, “Our attorneys have been contacted and are investigating. As Mr. Mason said, it’s a legal matter”, per Postman’s blog.

But it is also a statement on the Democratic state party’s ethics, business practices and views on intellectual property rights. It also will also give an insight into Darcy Burner’s stand on those issues too.

Hats off to both Sound Politics and The Seattle Time’s David Postman for covering this.

Update

It has been pointed out to me that this is the second time copyrighted material has been used without permission for Darcy to gain the seat, the first being the DCCC (Democratic Congressional Campaign Committee) using TVW footage without permission. TVW is Washington’s state’s version of C-SPAN and is non-partisan. You can go here to read the Seattle Times Editorial Board story, “Denounce the ad, Darcy Burner.”

Technorati Tags: Darcy Burner, Dave Reichert, Washington State Democratic Party, WSDCC, John Mason, Michael Yon, photography, photo, Democrats, Thief, Democratic Congressional Campaign Committee, DCCC, TVW