Who Owns and Controls Our Files and Notes?

[Azrael]

Interesting question raised by the layoff of CBS investigative reporter Catherine Herridge, and many confusions aroused.

The usual suspects on the Right are pretty worked up about it.

Hunter Biden, etc. (Also interesting how closely it comes on the heels of the failed Smirnov - FBI probe.)

Tempest? Teapot? Legitimate questions about a news organization holding our notes and files hostage?

Weigh in.

 

[Regan MacNeil]

If they're gathered while being paid by an organization to gather them, are they really yours?

 

[justgladtobehere]

I love how modern GOP can manipulate any idea of freedom and limited government into anything.

 

[Deskgrunt50]

Whether the excuse is BS or not, it appears CBS returned all her stuff, right? I’d keep copies of extremely important or sensitive stuff regardless, but I don’t think anything was “seized” or kept.

This became less interesting when the links were to Jonathan Turley and the ****ty NYPost. Both are bull**** machines lacking any credibility.

 

[I Should Coco]

A question I had: Since she was laid off, does whatever non-compete agreement she signed no longer apply?

If that’s true, then her notes, contacts, etc would be very valuable to Herridge if she quickly finds another job in journalism.

 

[SixToe]

The work product (notes, etc) is the company’s if obtained on company time for company content, IMO.

I’ve always wondered about this for reporters who write books, like at the NYT or WaPo, with notes and insights obtained for the company yet they produce books and reap the benefits. I’ll bet the agreements and legal stuff is interesting and detailed between the parties.

 

[Azrael]

I'm sure Jim Jordan will get to the bottom of all this.

 

[JimmyHoward33]

Yeah I don’t really buy that notes are company product on company time. This is not computer coding where the guy wrote Tetris and gets no royalties because it was on company time.

The sources that speak to someone like Catherine Herridge trust her. They’re giving the info to her. Specifically. They’re doing it because of a relationship, and one they don’t have with CBS or any other corporate overlord

 

[justgladtobehere]

Yeah I don’t really buy that notes are company product on company time. This is not computer coding where the guy wrote Tetris and gets no royalties because it was on company time.

The sources that speak to someone like Catherine Herridge trust her. They’re giving the info to her. Specifically. They’re doing it because of a relationship, and one they don’t have with CBS or any other corporate overlord

I don't see the distinction. The person is doing a job, either way. Any of the work is being produced because the person is being paid for their time at a set wage. She was doing it exclusively for CBS.

 

[JimmyHoward33]

You think sources are going to trust random reporter X that CBS hands the notes to when their relationship is with Herridge?

 

[Situation]

You think sources are going to trust random reporter X that CBS hands the notes to when their relationship is with Herridge?

No. That's why CBS hired Herridge and gave her a competitive wage.

 

[The Big Ragu]

Legally, CBS might own her work product. It would depend on the contract she had, but it's kind of how it works on most things. You get paid a salary and you are producing something in return that your employer owns, not you.

That said, I think in practice in a job like hers, someone laid off usually takes their files. They do have to agree to make the files available if there is litigation down the road.

Sources might have the relationship with Herridge, and who knows what that might mean for a new reporter if someone else picks up the story. That has nothing to do with who owns the work product, though.

 

[Alma]

Letter of the principle, CBS.

Spirit of the principle, the reporter.

The question is why CBS briefly forwent the spirit for the letter in a layoff situation.

 

[Azrael]

Letter of the principle, CBS.

Spirit of the principle, the reporter.

The question is why CBS briefly forwent the spirit for the letter in a layoff situation.

I have yet to see any reliable, disinterested reporting laying out exactly what happened.

Maybe that's still to come.

 

[Alma]

I have yet to see any reliable, disinterested reporting laying out exactly what happened.

Maybe that's still to come.

That’s fair.

I’m not sure it’s that big of a transgression, to be honest, if it did happen. I can imagine, whatever happened, it felt personal to the journalist in question tho.

 

[The Big Ragu]

This hasn't been covered. But because of the pressure, CBS gave her the files back via the union, SAG-AFTRA.

If anyone is concerned about this happening, assuming it isn't against any policy you signed on for, you can keep your notes and any documents digitally encrypted and keep them offloaded off your work machine.

 

[Liut]

Other than Charlie D'Agata, Catherine Herridge was the best correspondent CBS News had.

 

[JimmyHoward33]

It just reminds me of newspapers that wanted to keep the blog address of the star reporter than left for ESPN.com or whatever.

Yeah, the URL is the paper’s ‘property.’ But without the person doing it, its worthless.