Jason Allardyce: How a Sunday Times Journalist Ripped Off Ian Rankin, Bat Segundo, the Observer, and an Australian Producer

On April 24, 2011, the Scottish edition of The Sunday Times published “Rankin admits Twitter addiction” on page 21. It was written by Jason Allardyce, a 40-year-old who was named “Scottish Journalist of the Year” in 2003. His MySpace page states that he likes to go by the name “wolfspider” and that he is based out of Callander. But “wolfspider” is a lonely man. He only has two friends on MySpace: the ever-popular Tom and MySpace UK.

On Easter morning, I knew nothing about Allardyce. A friend had forwarded me this Deadline News report by Peter Laing, in which I recognized quotes identical to my conversation with Ian Rankin on The Bat Segundo Show. The conversation was not accredited. As someone who had investigated the Cooks Source scandal and who remembered the online tarring and feathering, I was appalled that anybody would still consider that ripping off other people’s journalism — even from behind a paywall — would still be okay. But this time, I was on the receiving end for a project that I make little to no money on. For the Rankin show, I had devoted perhaps 25 to 30 hours of my life to reading Rankin’s books, conducting research, interviewing the man for an hour, and mastering the audio. My labor was being exploited. I immediately contacted Laing by email. And on an Easter Sunday, a little less than an hour after I contacted him, he replied back on Twitter:

The Sunday Times? Murdoch’s newspaper? I told people on Twitter about what had happened and asked if anybody could send along the article. And a very friendly pescatarian vegetarian in Scotland going by the name of @SeymourSunshine located the article and photographed it for me.

I transcribed the article. I was stunned to learn that 215 of the 758 words in Jason Allardyce’s article were taken directly and without attribution from my Bat Segundo interview with Ian Rankin. I emailed Alladyce and his editors. And then I discovered that I wasn’t the only one getting played by the wolfspider. An additional 126 words in Allardyce’s article were lifted wholesale and without attribution from two whole paragraphs that Rankin contributed to this Gaby Hinsliff compilation in The Observer from February 13, 2011. To add insult to injury, Allardyce plagiarized a third source, pilfering a good 74 words from this Lisa Zilberpriver piece from World News Australia (January 18, 2010). For all three original pieces that Allardyce has used, a copyright notice was clearly listed on each of the pages.

In other words, Allardyce did not obtain a single original word from his subject for his article.

Ian Rankin was kind enough to confirm with me that nobody from The Times had contacted him. So if we add up the tally, 415 of Allardyce’s 758 words, or 54% of his article, were taken from three separate sources. That’s considerably more words than a famous fair use case here in the States, where The Nation published 300 to 400 words of verbatim quotes from a 500 page Gerald Ford memoir without obtaining permission, was sued, and lost. So that it can all be made clear, here is a breakdown of Allardyce’s liberties (with the unattributed quotes indicated in bold and, for Bat Segundo, the specific times in the program where the words are mentioned):

The writer admitted that Twitter was “taking up more of my life than it should.” [Bat Segundo interview, 27:08-27:09]

He added: “I’ve a kind of addictive personality so I’m always very careful to try to avoid things that can become addictive. [Bat Segundo interview, 27:01-27:06] It’s like a diary. I used to keep a page-a-day diary when I was a kid from the age of 12 till I was 29 and I had to fill up every single page. I couldn’t leave any blank space.” [Bat Segundo interview, 27:49-28:00]

He conquered the diary addiction after moving to America with his wife for six months. [This part is paraphrased from Bat Segundo interview, 28:00-28:30]

But I use Twitter like it, as a kind of memento mori of everything I have done. [Bat Segundo interview, 28:33-28:37] When I started writing a new book, I made a vow to myself that I wouldn’t go near Twitter until the end of the working day and I kept that up for about three weeks. Then, if I stopped for a cup of coffee, I would check Twitter; stop for lunch, check Twitter. I have to be careful about how many people I follow because, having an addictive personality, I feel the need to read every single tweet on the timeline so if I’m following 300 people that’s potentially 300 people’s tweets I’m reading in any one day…. [Bat Segundo interview, 30:24-30:49]

I’ve got to go back and read them all. When I wake up in the morning, I’ll go back to the night before and scroll through the night to find out what people were up to.” [Bat Segundo interview, 30:51-31:00]

Rankin said he went through a stage of having a similar addiction to viewing bids on eBay, and that he cannot play computer games because he believes he would be unable to stop, having gone without sleep as a student in order to play them. “It’s insane,” he said. [Bat Segundo interview, plagiarized paraphrase, “I went through a stage of buying vinyl on eBay, buying records…,” 31:02-31:09; “…if I finished browsing eBay…,” 31:10-31:12; direct “It’s insane,” 31:21-31:22]

He recently wrote: “I work from home and work on my own. Twitter connects me to the outside world, and makes it feel as though I’m in a huge, airy office full of funny, well-informed people.

“It gives me instant news, clever jokes, views, and reactions. Fans of my books can contact me, and I can let them know what I’m up to.

“Twitter is also my diary. I can scroll back through my tweets and recall what I was up to on any particular day. I keep in touch with friends make new ones, renew old acquaintances, and sometimes am even gifted ideas for stories. All from my office chair, in 140 characters – which also makes it a fantastic daily exercise in editing and concision.” (The last three paragraphs taken entirely from this Guardian article.)

Internet addiction is well recognised, and has even led to the residential treatment programmes in America to help people wean themselves from obsessive use of Twitter, eBay, Facebook, texting and video games. Research published last year suggested that the speed and unpredictability offered by social media stimulates dopamine, which can create an addiction to seeking, rather than finding, contact through them. It added that as more people join in, the scope for overuse grows. (Taken from World News Australia article.)

While it is true that Section 30 of the UK Copyright, Designs, and Patents Act of 1988 specifies a fair dealing exception “for the purpose of criticism or review,” the attribution must contain “a sufficient acknowledgment.” Furthermore, according to English law, there’s very little I can do to stop Allardyce or any other person “reporting current events” from infringing upon copyright provided that “it is accompanied by a sufficient acknowledgment.”

What is a sufficient acknowledgement? Well, unlike much of the American tax codes, you can always count on English law to be concise and thorough. Here’s Section 178 of the CDPA:

“sufficient acknowledgment” mean an acknowledgment identifying the work in question by its title or other description, and identifying the author unless—

(a) in the case of a published work, it is published anonymously;

(b) in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

It may very well be a common practice for some UK journalists not to provide attribution. But when they don’t, they are clearly breaking the law. And they are exposing the newspapers and outlets that they write for to considerable legal liability. But more important than such legal propriety, it’s just plain rude and antithetical to the spirit of human togetherness.

But Allardyce’s failure to credit any of his original sources extends far beyond the prospect of fair dealing and fair use. His disingenuous usage could be interpreted as an intent to deceive.

Let’s approach the question form a practical position. Why is attribution important? Well, take this UPI report from September 5, 2010. The UPI quotes Cardinal Keith O’Brien: “Our detailed research into BBC news coverage of Christianity in general and Catholicism in particular, together with a systematic analysis of output from the Catholic church, has revealed a consistent anti-Christian institutional bias.” That’s an extraordinary statement. If you’re at all interested in the many opinions, you’ll want to know where it comes from. And the UPI, because it is a responsible service, notes in its article that The Sunday Telegraph first reported the Cardinal O’Brien quote.

Jason Allardyce, on the other hand, doesn’t make such a distinction when he produces the same quote in his article, and he doesn’t attribute The Telegraph. This causes the Richard Dawkins Foundation (where I found Allardyce’s article, now conveniently hiding behind a paywall) to believe that Allardyce is conducting original reporting. This also causes confusion for the BBC, which erroneously reports that Cardinal O’Brien said these words “in an interview with the Sunday Times.” So Allardyce and The Sunday Times gets credit for a quote that they cut and pasted from another newspaper.

Now let’s say that, several years from now, a historian is looking into biases against religion (or the mythical claims of biases) during the early 21st century. The historian will want to go straight to the original source so that she can ensure that the quote and the context is accurate. But if she has to wade through Allardyce’s misleading attribution, this is going to cause needless work for the historian. Allardyce’s misleading attribution also creates the false impression that the Sunday Times was the central place for that news story.

And because Allardyce has published his “article” in a prominent newspaper, with anyone who reads the article believing that the interview comes from him, there’s very little that I can do to get proper credit or compensation.

I have emailed Allardyce the following terms for resolution:

(a) a public apology, both prominently in print and online, for taking my quotes without asking or attributing;

(b) the issuance of a correction, both prominently in print and online, indicating that the Sunday Times and Jason Allardyce lifted quotes from my radio program, along with a URL directed to my site,

(c) a donation of £500 (as compensation for using my quotes and others without permission or attribution) to Reporters Without Borders.

It’s impossible for me to be entirely objective in this report. I am doing the best that I can to keep a level head. Still, in an age where Arianna Huffington insists that it’s “wrong and offensive to insist that HuffPost is exploiting journalists,” the time has come to stand up against anyone who believes that they can get away from stealing anybody’s labor. If ostensible professionals feel that they are above the law and above the decency of community, then what’s the purpose of their collective existence?

[4/26/11 UPDATE: As of Tuesday afternoon (UK time), Jason Allardyce has not returned my telephone calls and emails.]

Is the New York Times Banning “Tweet” in the Newsroom?

This morning, The Awl‘s Choire Sicha reported that New York Times standards editor Phil Corbett had issued a memo to the newsroom suggesting that “tweet” (that verb used to refer to the act of posting on Twitter) was being actively discouraged within the Gray Lady’s mighty halls. The memo, which announced that “‘tweet’ has not yet achieved the status of standard English” went on to express dismay about “tweet” being used as a noun or verb. How could a word — reflecting a colloquialism, a negologism, or jargon — ever be used in a serious newspaper? Corbett advised using the staid “say” or the vanilla “write” as a surrogate.

Rumors then began to circulate on Twitter — in part, promulgated by The Awl — that the Times was banning the use of “tweet” entirely. New York Times Artsbeat blogger Dave Itzkoff was the first to declare that the ban was not true. Yet there remained the matter of confirming the memo’s veracity.

I contacted Corbett, and he confirmed that the memo published by The Awl had indeed been disseminated around The New York Times. “I specifically say that ‘tweet’ may be acceptable in some situations,” wrote Corbett in an email. “I’m basically urging people to view it in the category of colloquialisms, which we might use in for special effect and in contexts that call for an informal, conversational tone. But we try to minimize use of colloquial language — as well as jargon — in straight news writing.”

In other words, if a New York Times reporter is using Twitter to get a quote from a source for a big news story, the very practical notion of using “wrote” instead of “tweeted” is sound policy. But does “tweet” get an outright ban? Hardly.

Alain de Botton on Responding to Critics

(This is the second of an interconnected two part response involving Alain de Botton. In addition to answering my questions, Alain de Botton was very gracious to send along this essay.)

Technology

Many people are only just waking up to how blurred web technology has made the boundaries between public and private. It used to be easy to know what a public statement was. It was one written for a newspaper or for a radio or television broadcast. But the web has made it harder to discern what is meant to be public and what private. A huge number of people now read newspapers only on the web, alongside other web windows like Facebook, Twitter and blogs. This equalises the difference between the two, it potentially places a Facebook status entry on the same level as the headline of the foreign affairs section of the New York Times. Simply on the basis of visual appearance, on your screen, there is no difference between the might and authority of a comment in the New York Times, and a note written in a blog run from the proverbial bedroom.

So it becomes hard, as a reader, to measure the degree of intent behind any statement one reads — and as a writer, it becomes hard to judge how seriously one’s words are going to be taken and how large the audience for them will be.

How to review a book

Mr. Crain reviewed my book for The New York Times on Sunday 28th June, 2009. The book was accorded a full page review, a relatively rare honour, and was the third review to run in the pecking order. In other words, this was a prestigious slot in the most prestigious paper in the largest book market on the planet. The power of the New York Times in the world of books can’t be overestimated. A review in the paper can close down a book or make its fortunes. With books pages being cut right across the world, it remains the authoritative place for information.

updikejugglingGiven this power, the onus on any reviewer is to use it wisely, a wisdom to which there is no finer guide than John Updike and his six rules of reviewing as laid out in his collection Picked Up Pieces. Updike’s concern was for fairness. This did not mean that he wanted every book to be praised. Rather, he wanted every book to be given it’s ‘fair due’. The end of a fair appraisal might mean the book was not recommended, but the author and reader could feel that the reviewer had kept his or her side of the bargain. Updike recommended that the reviewer try to understand what the author was up to, enter imaginatively into the project, and most of all avoid any kind of attack that felt ad hominem.

I have been in the writing business for 15 years and have received many bad reviews. However, when I read Crain’s review, it was apparent that it was unusually uninterested in adhering to Updike’s six golden rules of reviewing.

What can one do with a bad review?

There is no official right of reply to the judgement of reviewers. One cannot sue, complain or do anything that counts. One has two options: stoicism (batten the hatches). Or Christianity (turn the other cheek).

There is a third private option. To write to the reviewer in the hope of giving them a sense of their power and influence — and the effects to which they have used it. The hope is that by doing so, the reviewer may with time come to reflect on the matter and when they are next presented with a book, they may (and this is a very hopeful idea indeed) adhere a little more closely to Updike’s six golden rules.

I hence found my way to my reviewer’s website and there, in what I thought was a comparatively private arena, sent him a message that was deliberately hyperbolic and unstoic, the equivalent of a punch in words. The idea was to reveal honestly what effect he had on me.

The problem with overhearing people in private moments is that they don’t follow the rules of civilised society and hence offend our sense of propriety (that’s why the rules are in place). All of us, if cameras were turned on during our moments of rage, disappointment, fear and vengeance, would wince if the footage were then played back to us or – even worse – were played back to an audience of strangers. We value privacy for precisely this reason: it protects us our immaturities from wider display.

It can be appalling for all concerned if the private spills out – for example, if a guest was listening to a marital argument, both the guest and the marital couple would be appalled.

The reactions of others

My altercation with Caleb Crain has attracted a peculiar amount of interest at heart because its nature as a private communication has been misunderstood, both by me – and those looking on. It has widely been taken that I have written back to The New York Times directly to complain. Instead I wrote to Caleb Crain to speak very directly to him and not principally to the world at large. I feel very sorry that this tiff has been broadcast so widely. The embarrassment is as akin to an argument with one’s spouse being inadvertently broadcast to one’s work colleagues or a private letter appearing on a widely-read internet site.

I have been naive here. My conclusion is that one has to be extraordinarily careful about the internet. Nothing that one types here that others could potentially access should ever be phrased in ways that wouldn’t make one happy if a million other people happened to see it. There should only be measure and reason – or else it will be judged along exactly the same criteria as one would judge an op-ed piece in The New York Times.

I continue to maintain that the subjects of unfair criticism have the right to protest and perhaps in heartfelt ways too – they should simply take extreme care that absolutely no one is watching or recording them doing so.

Alain de Botton Clarifies the Caleb Crain Response

(This is the first of an interconnected two part response involving Alain de Botton. In addition to answering my questions, Alain de Botton was very gracious to send along this essay.)

In last Sunday’s New York Times Book Review, Caleb Crain reviewed Alain de Botton’s The Pleasures and Sorrows of Work. While regular NYTBR watchers like Levi Asher welcomed the spirited dust-up, even Asher remained suspicious about Crain’s doubtful assertions and dense prose.

debotton2But on Sunday, de Botton left numerous comments at Crain’s blog, writing, “I will hate you till the day I die and wish you nothing but ill will in every career move you make. I will be watching with interest and schadenfreude.”

As Carolyn Kellogg would later remark, this apparent enmity didn’t match up with the sweet and patient man she had observed at an event. While de Botton hadn’t posted anybody’s phone number or email address, as Alice Hoffman had through her Twitter account, de Botton had violated an unstated rule in book reviewing: Don’t reply to your critics.

But the recent outbursts of Hoffman, de Botton, and (later in the week) Ayelet Waldman — who tweeted, “The book is a feminist polemic, you ignorant twat” (deleted but retweeted by Freda Moon) in response to Jill Lepore’s New Yorker review — have raised some significant questions about whether an author can remain entirely silent in the age of Twitter. Is Henrik Ibsen’s epistolary advice to Georg Brandes (“Look straight ahead; never reply with a word in the papers; if in your writings you become polemical, then do not direct your polemic against this or that particular attack; never show that a word of your enemies has had any effect on you; in short, appear as though you did not at all suspect that there was any opposition.”) even possible in an epoch in which nearly every author can be contacted by email, sent a direct message through Twitter, or texted by cell phone?

I contacted de Botton to find out what happened. I asked de Botton if he had indeed posted the comments on Crain’s blog. He confirmed that he had, and he felt very bad about his outburst. I put forth some questions. Not only was he extremely gracious with his answers, but he also offered a related essay. Here are his answers:

First off, did you and Caleb Crain have any personal beefs before this brouhaha went down? You indicated to me that you found your response counterproductive and daft. I’m wondering if there were mitigating factors that may have precipitated your reaction.

I have never met Mr. Crain and had no pre-existing views. The great mitigating factor is that I never believed I would have to answer for my words before a large audience. I had false believed that this was basically between him and me.

What specifically did you object to in Crain’s review? What specifically makes the review “an almost manic desire to bad-mouth and perversely depreciate anything of value?”

My goal in writing The Pleasures and Sorrows of Work was to shine a spotlight on the sheer range of activities in the working world from a feeling that we don’t recognise these well enough. And part of the reason for this lies with us writers. If a Martian came to earth today and tried to understand what humans do from just reading most literature published today, he would come away with the extraordinary impression that all people spend their time doing is falling in love, squabbling with their families — and occasionally, murdering one another. But of course, what we really do is go to work…and yet this ‘work’ is rarely represented in art. It does appear in the business pages of newspapers, but then, chiefly as an economic phenomenon, rather than as a broader ‘human’ phenomenon. So to sum up, I wanted to write a book that would open our eyes to the beauty, complexity, banality and occasional horror of the working world — and I did this by looking at 10 different industries, a deliberately eclectic range, from accountancy to engineering, from biscuit manufacture to logistics. I was inspired by the American children’s writer Richard Scarry, and his What do people do all day? I was challenged to write an adult version of Scarry’s great book.

The review of the book seemed almost willfully blind to this. It suggested that I was uninterested in the true dynamics of work, that I was interested rather in patronising and insulting people who had jobs and that I was mocking anyone who worked. There is an argument in the book that work can sometimes be demeaning and depressing — hence the title: Pleasures AND Sorrows. But the picture is meant to be balanced. On a number of occasion, I stress that a lot of your satisfaction at work is dependent on your expectations. There are broadly speaking two philosophies of work out there. The first you could call the working-class view of work, which sees the point of work as being primarily financial. You work to feed yourself and your loved ones. You don’t live for your work. You work for the sake of the weekend and spare time — and your colleagues are not your friends necessarily. The other view of work, very different, is the middle class view, which sees work as absolutely essential to a fulfilled life and lying at the heart of our self-creation and self-fulfilment. These two philosophies always co-exist but in a recession, the working class view is getting a new lease of life. More and more one hears the refrain, ‘it’s not perfect, but at least it’s a job…’ All this I tried to bring out with relative subtlety and care. As I said, Mr. Crain saw fit to describe me merely as someone who hated work and all workers.

Caleb Crain’s blog post went up on Sunday. You responded to Crain on a Monday (New York time). You are also on Twitter. When you responded, were you aware of Alice Hoffman’s Twitter meltdown (where she
posted a reviewer’s phone number and email address) and the subsequent condemnation of her actions?

I was not aware.

Under what circumstances do you believe that a writer should respond to a critic? Don’t you find that such behavior detracts from the insights contained within your books?

I think that a writer should respond to a critic within a relatively private arena. I don’t believe in writing letters to the newspaper. I do believe in writing, on occasion, to the critics directly. I used to believe that posting a message on a writer’s website counted as part of this kind of semi-private communication. I have learnt it doesn’t, it is akin to starting your own television station in terms of the numbers who might end up attending.

You suggested that Crain had killed your book in the United States with his review. Doesn’t this overstate the power of the New York Times Book Review? Aren’t you in fact giving the NYTBR an unprecedented amount of credit in a literary world in which newspaper book review sections are, in fact, declining? There’s a whole host of readers out there who don’t even look at book review sections. Surely, if your book is good, it will find an audience regardless of Crain’s review. So why give him power like that?

The idea that if a book is good, it will find an audience regardless is a peculiar one for anyone involved in the book industry. There are thousands of very good books published every year, most are forgotten immediately. The reason why the publishing industry invests heavily in PR and marketing (the dominant slice of the budget in publishing houses goes to these departments) is precisely because the idea of books ‘naturally’ finding an audience isn’t true. Books will sink without review coverage, which is why authors and publishers care so acutely about them — and why there is a quasi moral responsibility on reviewers to exercise good judgement and fairness in what they say.

The outlets that count when publishing serious books are: an appearance on NPR, a review in the New Yorker and the New York Times Book Review. There are of course some other outlets, but they pale into insignificance besides these three outlets. Of the three, the New York Times Book Review remains the most important.

Hence I don’t for a moment over-estimate the importance of Mr Crain’s review. He was holding in his hands the tools that could make or break the result of two to three years of effort. You would expect that holding this sort of responsibility would make a sensible person adhere a little more closely to Updike’s six golden rules.

In the wake of Updike’s death, partly as a tribute to him, my recommendation is that newspapers all sign up to a voluntary code for the reviewing of books. This will help authors certainty, but most importantly it will help readers to find their way more accurately towards the sort of literature they’ll really enjoy.

If you were to travel back in time on Sunday morning and you had two sentences that you could tell yourself before leaving the comment, what would those two sentences be?

Put this message in an envelope, not on the internet.

Family Disgrace

rockwellfamilygrace

To paraphrase Eleanor Roosevelt, nobody can make you feel inauthentic without your consent. And the phony who uttered the onerous words recorded by the good and kind Don Linn should be whacked in the kneecaps. Just so the phony can decide whether or not there is indeed a metric that can be applied while excruciating pain shoots through legs I realize that these are strong words, but they are necessary ones, I think. If you cannot feel and you wish to advocate emotional capitulation, then you have no business being an expert or speaking before a crowd. For there is no strategy for living. Life simply doesn’t work that way. It isn’t a matter of taking in and emitting anthracite deposits of objective data. If you really need some hokey maxim to start with, life is what happens when you make other plans. But why settle for Werner Erhard-like comforts? If you can pretend that you know what you’re doing and you can improvise around the mad anarchy on your own terms and truly appreciate other people in the process, then you’ll probably get a lot farther than those foolishly pursuing “the metrics to assess whether you are successful.” Twitter can neither help you live better nor transform you into a better person. Like any helpful tool, it can enhance your life and direct you to the right people and permit you to exchange sound ideas and giddy concepts with people who are excited. But it is no replacement for real life. Nor is it landscape to be carved up by the avaricious marketing people. Ten conferences or twenty boot camps couldn’t possibly tell you how to stick with a vision and connect with others who have similar ambitions. Twitter, Facebook, Augmented Reality, and the flashiest technological tool shooting off the tip of your tongue can’t possibly help you understand why that person across from you is lighting up and smiling and getting excited. Your mission, should you choose to accept it, is to summon forth that same energy in yourself, find common ground, and make that passion happen, and make the passion of others happen. If Twitter can get you there, that’s fantastic. But what are you saying to the world when you tint your Twitter photo green instead of summoning up an original thought about Iran? How authentic — whether strategically authentic or genuinely authentic — are you when you’re so determined to run with the herd?

On a lighter (and possibly more disgraceful) note, here’s another interview I did with the good Austin Allen of The Abbeville Manual of Style. I do have a plan to save the publishing industry and it involves loganberry mint juleps.