Nick Landau wrote:
> ----- 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".
>
You don't need to assert copyright to be covered by it. The cartoonist
owns the copyright from the moment
he or she creates it unless they sell the rights. More likely, they just
sell "first UK periodical rights" to the Eye.
Fair dealing cannot apply to reproducing a work in its entirety.
And given Private Eye's history, I think it's only fair to do the right
thing even if a lot of people don't.
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