----- Original Message -----
From: "Tony Bowden" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, June 14, 2006 9:42 AM
Subject: Re: [data-protection] Private Eye Data Protection cartoon
> On Wed, Jun 14, 2006 at 08:37:16AM +0100, C.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 ...?
>> 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.
>
> I'm confused. The discussion was about a news article about Private Eye
> running the cartoon. How would this not be "reporting current events"
> (and potentially critical evaluation)?
>
Interestingly I can't see a statement regarding copyright in Private Eye -
it just says "Published by Pressdram Ltd" whereas the Independent has "©
Published by Independent News & Media Ltd".
The most relevant fact is that Private Eye is full of such material taken
from other media which is commenting (or poking fun) at them - and one can
be certain that they don't ask permission because the magazine would never
get produced if they had to.
See a statement of the legal situation from NUS's advice to student
newspaper editors
http://www.nusonline.co.uk/studentmedia/tips/270923.aspx
"Copyright
...
Similarly using material produced for another media, such as taking a photo
from a magazine, may constitute a breach of copyright.
Copyright law means broadly speaking you cannot copy, reproduce or quote
extensively from any written, photographic, artistic or similar work, or
distribute it, without the permission of the author or creator.
The little copyright symbol of a small c in a circle has no legal
significance and is used simply as a reminder of the copyright law and the
penalties that can arise from breaking the law.
Permission does not have to be sought to quote extracts from a published
article if it is solely for the purpose of criticism, review or news
reporting, but the quotations must be short and acknowledged clearly."
Nick Landau
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|