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Times-Tribune claims newspaper plagiarized obits
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BY ERIN L. NISSLEY
STAFF WRITER
The Times-Tribune sued the Wilkes-Barre Publishing Co. and The Times Leader on Wednesday, claiming the Wilkes-Barre paper plagiarized more than 50 obituaries written and published in The Times-Tribune starting in late October.
The suit, filed in Lackawanna County Court, lists seven claims, including misappropriation, unfair competition, fraud, breach of contract and unjust enrichment.
The Times-Tribune is asking a judge to award damages in excess of $210,000 for lost profits, lost customers, loss of good will and damage to existing business relationships. The suit also asks that The Times Leader be barred from copying Times-Tribune obituaries or any other content from its newspapers or Web site.
Starting on Oct. 27, The Times Leader “simply copied obituaries from The Times-Tribune, The Sunday Times and/or The Scranton Times’ Web site” and published them in the Wilkes-Barre paper’s Scranton edition, the suit claims.
Attached to the lawsuit are examples of 50 obituaries that ran in The Times-Tribune through Oct. 31 and the same obituaries — down to punctuation, structure and style — that ran in The Times Leader a day or more later.
“It’s disturbing,” said Times-Tribune Managing Editor Lawrence K. Beaupre. “I’ve never seen such a vast and blatant example of plagiarism in my 40 years of journalism. They just took our work and presented it to their readers as if it were their own.”
Staffers at The Times-Tribune spoke to funeral directors involved with the 50-plus obituaries in question. The directors indicated they did not send any obituary information to The Times Leader and did not request that the obituaries be published in that paper, according to the lawsuit.
Publishing obituaries taken directly from The Times-Tribune constitutes unfair competition, the lawsuit says, and falsely conveys to the public and funeral homes in Lackawanna County that certain funeral homes are doing business with The Times Leader.
On Oct. 27, Times-Tribune attorney J. Timothy Hinton Jr. contacted Times Leader Publisher Richard Connor and told him The Times Leader was publishing obituaries copied directly from The Times-Tribune and The Sunday Times. Mr. Connor said he would look into the situation, according to the lawsuit.
A day later, Times-Tribune obituaries were still being published in The Times Leader, the suit says. Mr. Hinton faxed a letter to Mr. Connor requesting that his newspaper stop publishing obituaries taken from The Times-Tribune. The Wilkes-Barre paper did not stop, however, which led to the lawsuit.
Times Leader lawyer Ralph Kates had not seen the lawsuit Wednesday evening but said he had several discussions with Mr. Hinton prior to the suit being filed.
“I know of no law The Times Leader has violated in printing these obituaries,” Mr. Kates said.
He said both newspapers participate in a Web site called Legacy.com, a searchable database of obituaries from around the country, which he says permits “any participant to copy and publish any obituary from that Web site.”
Legacy.com’s terms of use, a copy of which is attached to the lawsuit, prohibits the use of its content for commercial activities.
“This isn’t about dollars and cents, it’s about right versus wrong,” Mr. Hinton said. “They might as well be photocopying our classified ads and selling them on the street corner.”
Contact the writer: enissley@timesshamrock.com
The suit, filed in Lackawanna County Court, lists seven claims, including misappropriation, unfair competition, fraud, breach of contract and unjust enrichment.
The Times-Tribune is asking a judge to award damages in excess of $210,000 for lost profits, lost customers, loss of good will and damage to existing business relationships. The suit also asks that The Times Leader be barred from copying Times-Tribune obituaries or any other content from its newspapers or Web site.
Starting on Oct. 27, The Times Leader “simply copied obituaries from The Times-Tribune, The Sunday Times and/or The Scranton Times’ Web site” and published them in the Wilkes-Barre paper’s Scranton edition, the suit claims.
Attached to the lawsuit are examples of 50 obituaries that ran in The Times-Tribune through Oct. 31 and the same obituaries — down to punctuation, structure and style — that ran in The Times Leader a day or more later.
“It’s disturbing,” said Times-Tribune Managing Editor Lawrence K. Beaupre. “I’ve never seen such a vast and blatant example of plagiarism in my 40 years of journalism. They just took our work and presented it to their readers as if it were their own.”
Staffers at The Times-Tribune spoke to funeral directors involved with the 50-plus obituaries in question. The directors indicated they did not send any obituary information to The Times Leader and did not request that the obituaries be published in that paper, according to the lawsuit.
Publishing obituaries taken directly from The Times-Tribune constitutes unfair competition, the lawsuit says, and falsely conveys to the public and funeral homes in Lackawanna County that certain funeral homes are doing business with The Times Leader.
On Oct. 27, Times-Tribune attorney J. Timothy Hinton Jr. contacted Times Leader Publisher Richard Connor and told him The Times Leader was publishing obituaries copied directly from The Times-Tribune and The Sunday Times. Mr. Connor said he would look into the situation, according to the lawsuit.
A day later, Times-Tribune obituaries were still being published in The Times Leader, the suit says. Mr. Hinton faxed a letter to Mr. Connor requesting that his newspaper stop publishing obituaries taken from The Times-Tribune. The Wilkes-Barre paper did not stop, however, which led to the lawsuit.
Times Leader lawyer Ralph Kates had not seen the lawsuit Wednesday evening but said he had several discussions with Mr. Hinton prior to the suit being filed.
“I know of no law The Times Leader has violated in printing these obituaries,” Mr. Kates said.
He said both newspapers participate in a Web site called Legacy.com, a searchable database of obituaries from around the country, which he says permits “any participant to copy and publish any obituary from that Web site.”
Legacy.com’s terms of use, a copy of which is attached to the lawsuit, prohibits the use of its content for commercial activities.
“This isn’t about dollars and cents, it’s about right versus wrong,” Mr. Hinton said. “They might as well be photocopying our classified ads and selling them on the street corner.”
Contact the writer: enissley@timesshamrock.com
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Reader Comments
The following are comments from the readers. In no way do they represent the view of thetimes-tribune.com.
Tom wrote on Nov 6, 2008 7:10 AM:
" A story on this topic is in today's Leader. It was written by Jen Marckini, a reporter who was formerly employed at the Times-Tribune.
She got some of the information from Tribune and attributed your story.
I'm sure this won't be the last time they cut and paste information. "
She got some of the information from Tribune and attributed your story.
I'm sure this won't be the last time they cut and paste information. "
PhillyBrotha wrote on Nov 6, 2008 8:37 AM:
" Dude, who cares? An obit isn't likely to change anyway. Just let them steal it. You guys have a monopoly on news anyway up there "
Bob Moreno wrote on Nov 6, 2008 9:17 AM:
" Typical response from this paper any time your monopoly is challenged. I cannot wait until the Times Leader goes to door to door delivery. Its about time the pillage and plunder mentality of the Times is slapped in the face. Sorry about the realtors cutting you off at the knees. You deserve it. "
Bill wrote on Nov 6, 2008 12:02 PM:
" Times Tribune is just nit picking now. Grow Up! This isn't Romper Room. How do you plagerize the obits? Does the T.T. have maverick reporters toiling long hours to come up with eliquaint obituaries worthy of plaguerizing. This just shows how immature The Times Tribune is. Maybe if you guys weren't so sloppy and obviously biased at The Times Tribune, then there wouldn't have been such an outcry for another newspaper to come to town. The Times Tribune has no one to blame but themselves. The Times Leader is just jumping on a great opportunity as they should. I personally hope they overthrough The Times Shamrock empire. That would be Karma.
Editor's note: Obits are, in fact, written by Times-Tribune personnel and are the creative property of the newspaper. This is the case at most any newspaper, including the Times-Leader. "
Editor's note: Obits are, in fact, written by Times-Tribune personnel and are the creative property of the newspaper. This is the case at most any newspaper, including the Times-Leader. "
Tom wrote on Nov 6, 2008 12:42 PM:
" If you haven't noticed there are some Times Leader trolls coming on here. Like Bill, friends of the Connor family. And, Philly Brotha-a leader reporter. "
Bill wrote on Nov 6, 2008 1:07 PM:
" To the editor: But I see this all the time in the two W-B papers, that often have carbon copy's of the obituaries in both papers. Why don't they sue each other? It's nit-picking. The way I see it is That The Times Tribune is getting scared and defensive, and they have resorted to childish tactics to through a few jabs at The Times Leader. Are you guys afraid of a little competition? By the way, I have never even met Richard Connors and have zero ties to the Times Leader or any of thier employee's. I'm just calling it as I see it. "
Judy wrote on Nov 6, 2008 5:29 PM:
" I have to question the editor's note stating that obits are 'written' by Times-Tribune personnel. Three years ago, it was the funeral director who wrote my mother's obituary, reviewed it with me and then submitted it to the Times-Tribune for publishing. So technically, the Times-Tribune personnel can also be viewed as 'copying' obituaries.
Editor's note: In short, the answer about The Times-Tribune copying an obit is no. You can't accuse a publication of "copying" something you asked them to publish. I suppose technically you could accuse them of "copying," but then the question becomes, "why submit it for publication if you don't want it 'copied'?" If you have any more questions or need further clarification please feel free to contact the online editor at your convenience. "
Editor's note: In short, the answer about The Times-Tribune copying an obit is no. You can't accuse a publication of "copying" something you asked them to publish. I suppose technically you could accuse them of "copying," but then the question becomes, "why submit it for publication if you don't want it 'copied'?" If you have any more questions or need further clarification please feel free to contact the online editor at your convenience. "
Lisa wrote on Nov 6, 2008 5:44 PM:
" Times Leader stinks. All I know is this... When something is advertised for sale or for rent in the Scranton times and it becomes sold, What does Leader do? Puts it in their paper so the seller or the landlord is bombarded with a bunch more phone calls for things no longer available. Wake up people at the leader. STOP STEALING NEWS AND INFO. Publish your own paper "
Tom wrote on Nov 6, 2008 7:49 PM:
" Kudos Lisa,
Finally somebody not affiliated with the leader.
You know it is funny, because when I tried to post on the leader it was censored. Mainly because I was in disagreement.
So much for freedom of the press and original content. "
Finally somebody not affiliated with the leader.
You know it is funny, because when I tried to post on the leader it was censored. Mainly because I was in disagreement.
So much for freedom of the press and original content. "
Mo wrote on Nov 7, 2008 2:39 AM:
" While I can understand the implication that a funeral home may be working with a paper when it isn't, I was surprised to learn that a newspaper writes an obituary. I was under the impression that the submittor or family wrote the obituary and simply placed it for publication, rather like an ad. Now I hope no one does that for me, I can't imagine my life being written about by someone who never even met me. "
melissadr wrote on Nov 7, 2008 7:57 AM:
" Once upon a time obits were free. Not anymore in San Antonio,Texas. It cost, with tiny photo, $500 to publish a small obit for my daughter, 2 years ago. I sent it thru the funeral home who "handled everything". Guess what. I wrote it - the copyright is MINE! The paper had it's mnetary reward - funeral home got a cut too. My advice? write your own - a least it will be accurate. "
Fred wrote on Nov 7, 2008 9:02 AM:
" Several interesting misstatements of fact.
The article notes that the funeral homes sent the Times Trib the obits. That means, by definition, that the Times Trib DID NOT WRITE THEM. My guess is that most likely, the family and/or the funeral home wrote them. If any newspaper claims ownership for content they DID NOT write, but just published, I think the law should be involved, but not the way the Times Trib thinks.. "
The article notes that the funeral homes sent the Times Trib the obits. That means, by definition, that the Times Trib DID NOT WRITE THEM. My guess is that most likely, the family and/or the funeral home wrote them. If any newspaper claims ownership for content they DID NOT write, but just published, I think the law should be involved, but not the way the Times Trib thinks.. "
Moose wrote on Nov 7, 2008 9:45 AM:
" What if the family sent the same obit to both newspapers? "
Tom wrote on Nov 7, 2008 10:08 AM:
" Fred and Moose are the two of you reading the same article.
It states that the funeral homes didn't send the information regarding these 50 obits.
It states they write there own obits at the Tribune.
If the Leader replicated them, it is plagerism.
It would be no different than cutting and pasting a story and or head line.
we need to start buckeling down on this. It is happening way too often.
And, some of these reporter's shouldn't even be in this buisness because of it, and without plagerism, most wouldn't even be here. "
It states that the funeral homes didn't send the information regarding these 50 obits.
It states they write there own obits at the Tribune.
If the Leader replicated them, it is plagerism.
It would be no different than cutting and pasting a story and or head line.
we need to start buckeling down on this. It is happening way too often.
And, some of these reporter's shouldn't even be in this buisness because of it, and without plagerism, most wouldn't even be here. "
Lisa wrote on Nov 7, 2008 4:58 PM:
" Tom... These two are probably in the same class as those who believe taking info word for word out of reference books and published works for college essays is ok too. "
Tom wrote on Nov 7, 2008 7:10 PM:
" Lisa,
I agree totally. Maybe newspapers should start using turn it in.com. "
I agree totally. Maybe newspapers should start using turn it in.com. "
Tamblyne wrote on Nov 8, 2008 4:45 AM:
" Quote: "Editor's note: Obits are, in fact, written by Times-Tribune personnel and are the creative property of the newspaper. This is the case at most any newspaper, including the Times-Leader."
Actually, this is incorrect, unless you're talking about a public figure. The average obit is NOT written by staff "at most any newspaper." They are written by family members and funeral home staff. I certainly hope correcting possible typos or grammatical errors isn't considered writing.
Editor's note: The above explanation by the editor of the obit process is correct. "
Actually, this is incorrect, unless you're talking about a public figure. The average obit is NOT written by staff "at most any newspaper." They are written by family members and funeral home staff. I certainly hope correcting possible typos or grammatical errors isn't considered writing.
Editor's note: The above explanation by the editor of the obit process is correct. "
missfish wrote on Nov 8, 2008 11:20 AM:
" Has business gotten so bad that the TT has to resort to this type of frivolious lawsuit?
What a waste of the taxpayers money !!!
If in fact,which I personally doubt, their claims that a staff writer actually composed these obits...then they should sign off on them as the sole author. "
What a waste of the taxpayers money !!!
If in fact,which I personally doubt, their claims that a staff writer actually composed these obits...then they should sign off on them as the sole author. "
Blusummit wrote on Nov 10, 2008 2:43 AM:
" When my mother died in 1992, I wrote her obiturary, took it to the funeral home, and they sent to the two newspapers that I requested in TX. The Dallas paper charged me $95.00; a much smaller town in a neighboring county published it for free and wrote me a nice note. I would really be furious if the Dallas paper had sued the smaller town for copying the obituary that I had been charged for them to print. "
Stu wrote on Nov 10, 2008 11:42 AM:
" Tom, if you want to talk about censorship, talk about the Times-Tribune. I posted a comment here (this very story) days ago criticizing them, and I haven't seen it yet. Have you?
Write something critical on either site and see if you get your fair say.
Editor's note: Very few comments are not approved for publication. Most of the ones that don't get approved either violate our strict no name-calling rule, or include supposition or unfounded accusations, threats, racism, or foul language. Some are just plain inappropriate. I'm not sure which comment you're referring to, but it probably falls into one of those categories. If you have any specific questions regarding the posting policy you can read it online, or contact the online editor directly. "
Write something critical on either site and see if you get your fair say.
Editor's note: Very few comments are not approved for publication. Most of the ones that don't get approved either violate our strict no name-calling rule, or include supposition or unfounded accusations, threats, racism, or foul language. Some are just plain inappropriate. I'm not sure which comment you're referring to, but it probably falls into one of those categories. If you have any specific questions regarding the posting policy you can read it online, or contact the online editor directly. "
Sharky wrote on Nov 28, 2008 6:18 PM:
" You're wrong, Tom, and Connor's right. Both papers are "affiliate newspapers" of Legacy.com. Both are perfectly within their rights to publish any obit run by Legacy.com. Just check the URL of either paper's obituaries - they are hosted by Legacy, not the paper. The terms of use are posted for anyone (interested in the complete truth) to read:
(c) User License Grant to Legacy.com, Inc. You grant Legacy.com, Inc., its affiliates (including its Affiliate Newspapers), and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Legacy.com, Inc. in any form, media, software or technology of any kind now existing or developed in the future.
Those are the rules. They can all play. Had the writer of this article performed basic research this would never have been a story.
Editor's note: The reporter is correct. The terms of use go well beyond what the author stated in the above comment. The above part of the Terms of Use are in reference to reader submitted material. The Terms of Use for affiliates - or member newspapers are quite different. From the same Terms of Use page:2. User License. (a) Scope. Legacy.com, Inc. grants you permission (which may be revoked at any time for any reason or no reason) to view this Site and to download, email, or print individual pages of this Site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Site, except as specifically noted above.
The terms of use are quite specific. Legacy.com’s terms of use prohibits the use of its content for commercial activities. "
(c) User License Grant to Legacy.com, Inc. You grant Legacy.com, Inc., its affiliates (including its Affiliate Newspapers), and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Legacy.com, Inc. in any form, media, software or technology of any kind now existing or developed in the future.
Those are the rules. They can all play. Had the writer of this article performed basic research this would never have been a story.
Editor's note: The reporter is correct. The terms of use go well beyond what the author stated in the above comment. The above part of the Terms of Use are in reference to reader submitted material. The Terms of Use for affiliates - or member newspapers are quite different. From the same Terms of Use page:2. User License. (a) Scope. Legacy.com, Inc. grants you permission (which may be revoked at any time for any reason or no reason) to view this Site and to download, email, or print individual pages of this Site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Site, except as specifically noted above.
The terms of use are quite specific. Legacy.com’s terms of use prohibits the use of its content for commercial activities. "
