Because fair dealing is only permitted if it is "fair", i.e., does not
damage the legitimate commercial interests of the owner, and if it for one
of the three permitted purposes (non-commercial research/private study,
criticism/review or reporting current events).
Firstly, the copyright owner (who might be the cartoonist, or might be
Private Eye depending on the agreement between the two) could reasonably
expect to make money by selling the cartoon, so placing it on someone's Web
pages without permission is damaging their legitimate commercial interests
by reducing potential sales.
But even if one argued their commercial loss would be minimal, or that they
had no plans to commercially exploit it, the posting on the Web is not for
one of the permitted purposes - it is not for person who posted it's
non-commercial private study or research, it is not reporting current
events, and it isn't for critical evaluation of the cartoon. It would be for
the general entertainment of others. Sorry, but that's not a permitted
purpose.
There is a lot of misunderstanding about fair dealing. People think it is a
general licence to copy. It isn't. It is, in fact, a very restricted
permission. If you want chapter and verse, read clauses 29 and 30 of the
Copyright Designs and Patents Act 1988 to see just how restrictive it is.
Charles
Professor Charles Oppenheim
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509-223053
e mail [log in to unmask]
----- Original Message -----
From: "Tony Bowden" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, June 13, 2006 9:08 PM
Subject: Re: Private Eye Data Protection cartoon
> On Tue, Jun 13, 2006 at 09:01:14PM +0100, Charles Oppenheim wrote:
>> > Showing the cartoon in a news article about Private Eye running the
>> > cartoon would also likely fall under "fair use".
>> It is absolutely NOT fair dealing and would be copyright infringement.
>
> ... because ...?
>
> Tony
>
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