"The Huffington Post wants to have citizen journalists at as many of these tea party events as possible. If you think you’d be interested in attending one of the Tea Parties and reporting back to us with dispatches, photos, or video, click here to sign up. We’ll contact you shortly with further instructions." quoted in [1]
The blogger(!) who quoted the above letters-of-fire is apparently a professional TV weatherman. Here he’s asserting that for-profit blogs can’t solicit for volunteer stringers. (IANAL either, but with real newspapers I think the deal is you have to enter into a genuine independent contractor relationship with content providers — makes one wonder about their "tip lines" and sources though)
"Citizen journalists do not receive payment … they volunteer to cover," was his reply.
It was the reply I was expecting and not at all surprising. Much of the web is built on user generated content. Look at YouTube and a zillion other Web 2.0 sites. But is it legal? Are people allowed to volunteer for a profit making company? I am not a lawyer, but I suspect a case can be made the answer is "no."
I suppose this means our sector is becoming important (or at least annoying) enough that it’s time to consider stifling us with red tape. So if I volunteer information to a reporter does this make me his employee? Are reporters OK but not bloggers? Reporters aren’t supposed to pay their sources, so I presume 1st Amendment considerations would prevent a NYT reporter from entering into an employee / employer relationship with Mayor Bloomberg when the the Mayor answers a question, but what if he volunteers information? Except what if he volunteers something newsworthy? Is there an exemption for official duties?
Must whistle-blowers limit their submissions to government institutions and non-profits? Did Deep Throat get a pension from the WaPo? Geesh!
"Mamas Don’t Let Your Babies Grow Up to be … Lawyers!"
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[1]: "Do Citizen Journalists Run Afoul Of The Law?", by Geoff Fox, AppScout, April 15, 2009.
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