1 Feb
The journalist replied that she will be running an apology in the papers about the unauthorized use of pictures. Ah Zhi requested that the journalist to also apologize to the drifters whose reputations is affected due to the report because of the wrongfully reported article.
2 Feb
Nothing in the apology mentioned about the leeching of pictures. The journalist only corrected her first reporting. Apparently, the Project Director of the event did contact the journalist to request for a clarification. Ah Zhi emailed the journalist and continued to pursue for the apology to FunnyCars.com and himself because the journalist did not clarified that she used the pictures without the knowledge and permission from Ah Zhi and FunnyCars.com
3 Feb
Ah Zhi continued to send multiple reminders on the following dates because the journalist did not reply
- 4 Feb
- 7 Feb
- 11 Feb
12 Feb
The journalist finally replied. In her reply, there was a total change in tone. Ah Zhi sees this as another challenge and he refers the journalist to FunnyCars.coms chief editor. The chief editor replied the journalist that he had left Ah Zhi to handle the case. Ah Zhi was expecting the journalist to get back to him, however the journalist did not.
17 Feb
Ah Zhi did not receive any email from the journalist and he sent an email to the journalist to check what her follow up actions and intentions are.
18 Feb
The journalist referred Ah Zhi to Mr Delta, Sierra Mike Daily News legal department. Ah Zhi immediately emailed Mr Delta with all the correspondences on the issue.
To Ah Zhis surprise, he had to send reminder emails to Mr Delta on the following dates before he can even get a reply
- 20 Feb
- 22 Feb
22 Feb
Mr Delta finally replied to Ah Zhi and proposed for a meeting with Ah Zhi and FunnyCars.com representative to explore the possibility of an amicable solution for this matter. After much exchanging of emails with the journalist, the meeting is arranged to be on 25 Feb with the presence of Mr Delta from the legal department and her editor of Sierra Mike Daily News. However, the journalist herself will be absent because she will be overseas till 7 Mar. Ah Zhi thought it is unreasonable and felt that the journalist should be involved directly to the meeting. Ah Zhi replied to request for a re-schedule of the date for the meeting. However, another meeting seemed too difficult to be arranged, hence Ah Zhi compromised to the meeting on the 25 Feb.
25 Feb
Ah Zhi specially made trip down to the News Centre. Present were Mr Delta, the representative from the legal department and Mr Lima, the Deputy Local News Editor of Sierra Mike Daily News. Ah Zhi presented the sequence of events and his stand to Mr Delta and Mr Lima. Ah Zhi questioned Mr Delta why he had to send reminder emails to get replies and Mr Delta explained that they require approximately 3 working days to reply to an email. Ah Zhi was amazed by the efficiency of a news person.
As expected by Ah Zhi, Mr Delta told Ah Zhi that the media can use the pictures for reporting and he quoted the following to Ah Zhi:
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Copyright Act Chapter 63
Fair dealing for purpose of reporting current events
37. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of, or is associated with, the reporting of current events
(a) in a newspaper, magazine or similar periodical and a sufficient acknowledgment of the work is made; or
(b) by means of broadcasting or a cable programme service or in a cinematograph film.
[Aust. 1968, s. 42 (1)]
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Ah Zhi replied that the nothing in that part exonerates any media(s) from the responsibilities to inform and to seek permission from the person holding the copyright. In addition, it does not relief the media from having to comply with the terms and conditions stated by the source/person holding the copyrights. Mr Delta quieted down.
Mr Lima offered two solutions to Ah Zhi.
1) To publish a clarification on the papers that Ah Zhi and FunnyCars.com did not supply the pictures to the press.
2) To have a personal interview with Ah Zhi and to publish his works.
Ah Zhi stopped Mr Lima before he could even finished explaining the second solution because Ah Zhi saw this as a solution to simply brush off Ah Zhi. Ah Zhi choose the first solution and requested that the papers to publish the clarification and apology. Also, he requested that the journalist involved should also get back to him with an explanation. Mr Lima replied that there is no need for Ah Zhi to meet the journalist. He also said I can only say one thing I think the journalist is stupid. She is new and was taught to report everything he knows. However, Ah Zhi began to wonder if Mr Lima knew that nothing in the journalists report was true (except the last 2 paragraphs) and that the rest were his own deduction from the pictures she obtained from FunnyCars.com.
Mr Delta emailed Ah Zhi the expected clarification to be published on the Sierra Mike Daily News as a full and final address of the matter. Clarification - The pictures in the headline by Sierra Mike Daily News on the 31 Jan were not provided by Ah Zhi and/or FunnyCars.com. Ah Zhi replied, I shall accept the clarification which will be made on the 27 Feb 2008 Sierra Mike Daily News frontpage and I shall not continue to pursue Sierra Mike Daily News - only if Sierra Mike Daily News has fulfilled the clarification and public apology. I would still request the journalist involved to give me an explanation to his actions. Ah Zhi expected an apology on the front page and an explanation in addition to the clarification as suggested because Ah Zhi sees that the Sierra Mike Daily News had caused front page damage to him and he expected something of equivalent.
The disagreement dragged on until 27 Feb and no clarification were made by Sierra Mike Daily News
26 Feb
Ah Zhi continued to check on Sierra Mike Daily News and continued to see the journalists reporting. Ah Zhi suspect that the journalist is telling a lie. There were also reporting from the journalist being published on Sierra Mike Daily News on other dates. Ah Zhi was seriously in doubt with the integrity of the journalist.
28 Feb
The journalist involved emailed Ah Zhi with his personal email account saying that he would like to send Ah Zhi an apology, but mentioned that Mr Delta thought it will not help. Ah Zhi replied.
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Thanks for replying. I am glad that you emailed me despite Mr Deltas personal opinion that it will not help. However, I would prefer you to use your official Sierra Mike Daily News email account to communicate with me.
The reason I cannot allow the matter to rest is because I have not receive any apology and explanation from you. In fact, the issue would have long been cleared if you have keep to your words in your very first email you replied to me.
"Date: 1 Feb Hi, I'm very sorry for the mistake. We will be running an apology in tomorrow's paper. Please call me at 12345678 or our hotline at 91234567 if you wish to make any other clarifications."
The issue began to drag on when I had to send multiple emails and reminders to request for an explanation when the above was not fulfilled and more complex when your editor and the legal department have to step in.
I shall let the matter rest and I shall not continue to pursue this matter once the following requests have been fulfilled.
1) Public clarification and apology on Sierra Mike Daily News. (Please kindly allow me to know when and where the clarification is intended to be published.)
3) A personal (need not be public) email to me with formal apology and explanation of this whole issue.
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Ah Zhi did not get any reply from the journalist or any parties from Sierra Mike Daily News. Finally, after approximately one month of reminders, Ah Zhi gives the final reminder. Ah Zhi also forwarded the emails to other editors of the Sierra Mike Daily News.
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I am sending this email again because I did not receive any reply from you since my last email on
- Date: 28 Feb
- Date: 10 Mar
- Date: 17 Mar
- Date: 24 Mar
- Date: 4 Apr
This shall be the last gentle reminder I'm sending you. I request you to reply me within 3 days before I start to make it a demand. In addition, I shall not be responsible of disclosing all our correspondences to anyone or the public to take more drastic actions to deal with this issue.
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9 Apr
One of the editor replied that they had, in all good faith, offered to publish a clarification, but Ah Zhi had repeatedly turned it down and insisted on including terms unreasonable and unacceptable to them. As their offer to publish the clarification has lapsed, they will not engage in further discourse on this matter.
Ah Zhi wondered which part of his requests are considered as unreasonable and he replied that he request an apology and since the damage was a frontpage one, he expected something equivalent and also an explanation from the journalist involved in this matter. However, Ah Zhi did not receive any reply.