Michael Yon (see here) is suing the Army:
The Army's decision to release the photo has Yon, widely considered one of the most pro-military voices covering the war, readying a copyright infringement lawsuit.
In an Oct. 13 letter to Yon denying his request for compensation for the alleged infringement, Army intellectual property lawyer Alan Klein wrote that Yon had given up his right for compensation when he signed the standard liability form all embedded journalists must sign.
The form states that Yon agreed to "release the (military) of any liability from and hold them harmless for any injuries I may suffer or any equipment that may be damaged as a result of my covering combat."
In his letter, Klein argues that an injury to Yon's copyright is the same as an injury to his leg or his camera.
The release frees the Army "from any liability for any injury he may suffer," Klein wrote. "The claimant asserts he was injured by the distribution of his copyrighted works to the news media. This release absolves the Army of any liability for that injury."
Two observations: First, it is obvious from the context of the waiver of liability that it is talking about injury to person, not "any injury" in the broadest legal sense of the word. Second, you will notice that the Army isn't challenging Yon's claim to the copyright. They stole it, and the Army's intellectual property lawyer knows it.
Let me add a third observation: Is it really a good idea to screw one of the few reporters who have been sympathetic to (and actually understand) the Army's work? That's a rhetorical question....
Update 2/5/2006: The Army has now resolved this issue to Yon's satisfaction.
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