From the “things that make me laugh” department.
It seems the Guardian took exception to my use of this image (I suppose they haven’t found this one from Josh yet). I provide this exchange for a model by which others might refute such claims. This essay is also satire, just so you know. Email addresses and phone numbers are redacted as a courtesy and the exchange is ordered chronologically.
From: Helen Wilson
Sent: Monday, January 06, 2014 3:45 AM
Subject: Copyright Infringement
To whom it may concern
I am writing from the Guardian Syndication Department as it has been brought to our attention that you are displaying, without authorisation, the following image which is the copyright of the Guardian:
As this image is copyright of Guardian News & Media Ltd, you will need to remove the image from your website with immediate effect.
Please be mindful of the fact that if you wish to reproduce content, in full or in part, from whatever source, you need to secure the prior, written approval of the copyright owner, their publisher, or their agent. Failure to do so may involve legal action.
Best regards,
Helen
Helen Wilson
Content Sales Manager
Syndication
Guardian News & Media Ltd
Kings Place, 90 York Way, London, N1 9GU
================================================================
On 6 January 2014 16:18, Anthony <awatts@xxxx.xxx> wrote:
Dear Ms, Wilson,
Thank you for your letter. It falls under fair use, because it is used for satire and criticism. From Wikipedia:
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.
The article it is used with covers all three of the bolded items. Especially criticism, since Guardian reporters are part of the expedition under issue.
Further, the image is present on the Twitter feed of your reporter, and the feed header makes no claim of copyright. see: https://twitter.com/alokjha
The original source of the image: https://twitter.com/GdnAntarctica/status/412977161323036672 also has no Guardian copyright statement.
Given that the image is used under fair use practice, and that no copyright is claimed by the Guardian at publication, I see no legal reason to remove it.
Regards,
Anthony Watts
WUWT
cc: LS
===============================================================
Dear Anthony Watts,
I have noted your response and will update our records accordingly.
Kind regards,
Helen
Helen Wilson
Content Sales Manager
Syndication
Guardian News & Media Ltd
Kings Place, 90 York Way, London, N1 9GU
Touché
“update our records accordingly”. Very funny. Nice work !
AW: “Especially criticism…”
HW: “I have noted your response and will update our records accordingly.”
Ha ha ha.
Nice one! I do wonder exactly what records these might be, though. Perhaps a note to themselves to think twice before acting foolishly.
Ouch, that must have hurt them, I bet they thought that they could just bully you.
They may even have thought that they could gain something worth publishing from it.
Well Played.
“no copyright is claimed by the Guardian at publication”
Under US law and internation treaties (Bearne), copyright claims are not required for something to be copyrighted. As soon a original expression is fixed (saved), it is covered by copyright laws.
I do believe, though, that fair use does apply in this instance.
Pwned!
Bam!
Well played. Surprised that they caved so quickly. I would have expected more bluster and chest beating from them.
Way to go Anthony!
Lucky for them. As I think all their lawyers were off duty today. And even when no legs are to be had to stand on, they do charge like wounded bulls.
Still, decent of Ms. Wilson and all those high powered types in the meeting that concocted this quaint move to provide a great excuse to keep things top of mind a bit longer.
Now, as a news medium that may need to feature imagery themselves, let’s ponder precedent….
Oy, you bloody American Yankee denialist bastard, stop breaking the law!! We’re a big powerful newspaper you know and we’ll sue your ass into the next century if you’re not careful!!
Good afternoon, my British friend, as it happens, I’m not breaking the law. It rather surprises me that you haven’t educated your employees in such crucial matters as copyright law, but there we are.
Oh bollocks, you’re right. Well, better watch out next time because we’ve got folks like you on our black list of nasty organisations.
Happy hunting, my British Friend.
As a lawyer I can tell you that’s about as short a legal confrontation you will ever see. Good job.
Under current legislation I don’t think you have to display a copyright disclaimer when publishing. Copyright is granted to the author automatically. It is common to display such a message – if only to help people know who is claiming copyright. But it’s not obligatory any more..
However, it’s an obvious ‘fair use’, so the Grauniad hasn’t got a leg to stand on. I wonder how many bloggers they managed to suppress? It was worth a try…
They remember the adage “There is no such thing as bad publicity”
Always educational on this wonderful site
Helen Wilson isn’t a lawyer, I suppose her role is to push over people willing to be pushed over. I presume her “will update our records accordingly” was to note you’re a Yank and not a pushover.
Well, you can’t criticise them for their polite manner and helpful response!
They’ve resorted to the same tactics with regard to the use of an image that they apply to their Global Warming/Climate Chage meme.
They’re just one big bully.
And the consequences are the same for both.
Bilious bastards…
Very likely Anthony’s point on ‘criticism and parody’ will go over her head with respect to the what was the original intent of the Guardian’s articles, trumpeting global warming.
From: Helen Wilson
…..
I am writing from the Guardian Syndication Department as it has been brought to our attention that you are displaying, ……
==================
She probably stays up late at night sets her clock early every morning to read WUWT. LOL
It was brought to her attention? ROFLMAO
Another dedicated reader!
Tsk … seems rather thin-skinned, especially since they were also receiving free advertising (though I suspect not the sort of advertising image they liked).
Brought to their attention … hmmmmm … probably from one of those equally thin-skinned climate activists with their “thou shall not criticize” mindset.
Some true colors coming out!
Anyone wonder how they will fit a copyright reference into a twitter feed and how long it will take them to do it?
Yes, their side has no trouble updating records.