"Reporting current events" refers to, for example, reproducing the text of
a recent speech by, or a video of, Tony Blair speaking, or copying the video
of a great goal from the World Cup. At the time of the controversy over the
Danish cartoons depicting Mohamed, one might have reproduced them and
claimed this was fair dealing for reporting current events. In other
words, it's the common sense use of the phrase "current events".
Reproducing a cartoon about data protection is hardly "current events",
especially as the content of the cartoon is generic and does not refer to
some specific recent news story.
You could do argue the case for criticism or review if the Private Eye
cartoon was being posted so that we could do a critical appraisal of the
cartoon's style and content, but that wasn't the idea, was it? It was to
entertain us! Review and criticism means just what is says on the tin.
In a nutshell, the terms used in the bit of the copyright act regarding fair
dealing need to be construed in common sense ways.....
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: Wednesday, June 14, 2006 9:42 AM
Subject: Re: 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)?
>
> Tony
>
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