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

Fair Use is one of the benefits of the DMCA. Prior to this there were a significant number of nuisance copyright lawsuits going on.
An example of a nuisance is my 9/11 video. Youtube took it down because of a claim by “loose change”, the “troofer” idiots who somehow think they have a claim on everything related to September 11. After pointing out my public domain sources, and that “loose change” is equivalent to the brown smear on my shoes after walking through a cow pasture, they replaced it.
Another ongoing copyright issue is dashcam car crash videos. In my personal opinion they should all be public domain since they document happenings on public streets. Some disagree.
Bloke down the pub says:
January 6, 2014 at 9:51 am
Very likely, Helen Wilson was told to go after you by someone in upper management who didn’t enjoy the p*ss being taken out of them by the whole world.
The very neutral phraseology of the complaint suggests not only that, but also that Miss Wilson fully appreciated the futility of the task that she was obliged to undertake. Her response, neutrality itself, tacitly indicates that she is sad that she is obliged to work for morons. I suspect the she is a rather nice lady.
She means thats your name on ” The Naughty List” for this years Greenpeace message from Santa
The Electronic Frontiers Foundation – EFF.org – works diligently against copyright trolls. A common MO is to convince their victims that financial might makes invincible right.
Somehow I don’t think it’s over. Even though it should be.
Just like the photoshopped image of the polar bear became the image of global warming fakery, the guardian is now the subject of ridicule and will be the poster child of Global Warming news fakery hence forth, the poster being the image itself.
The Guardian, what a pack of A-Holes.
Oh the layers of irony here. A phony claim of copyright infringement foiled by a citation of a phony legal authority.
HW: “I have noted your response and will update our records accordingly.”
Wonder what list you are being placed on. The Cheeky Yanks list, no doubt.
Anthony,
forgive the nitpick – your timeline is off somewhere:
However, great response.
Ah – no I see it now (timezones added):
Paraphrasing the Guardian: Bully & Bluff…..Bluster….Awwww, PiffleRot!
you’d think they would be aware enough to not draw more attention to themselves. I know, I know I am being sarcastic.
the prog / socialist /marxist has diminished brain function. they do not recognise threats in a helpful manner.
read this link to get the sad mental state of progs.
http://anonymousconservativ.ipage.com/blog/ read it all.
Alan Watt, Climate Denialist Level 7 says:
January 6, 2014 at 11:27 am
Oh the layers of irony here. A phony claim of copyright infringement foiled by a citation of a phony legal authority.
>>>>>>>>>>>>>>>>>>
The legal authority is not phony.
An illuminating exchange. Is there any equivalent of fair use in Europe? I am writing a commentary type article for an endocrinology related journal in which I use a number of illustrative image to support a speculative hypothesis. I thought I needed to get permission from about 3-4 journals. Is there a European “fair use” to allow me to avoid having to do this?
Is it legal in the UK to falsely accuse one of copyright infringement?
Streisand effect. Your post of the letter contains a link to the story which will be visited again and again. I wonder if the Mawson family has a case for defamation by the Ship of Fools.
It seems to me that WUWT was reporting on current news within the scope of the stated purpose of the site as the header stipulates:
“Commentary on puzzling things in life, nature, science, weather, climate change, technology and recent news”
I would also suggest that the image was used for all of the above reasons, to wit:
life: they indeed trying to stay alive
nature: they were experiencing nature first hand
science: although perhaps questionable for this group, let’s give them the benefit of the doubt to their stated purpose
weather: again, they were experiencing weather first hand
climate change: deferring to their own mission statement
technology: or perhaps lack thereof
recent news: certainly recent and certainly news
UWT
Interesting job title she has – content manager – I know of others in the newspaper business who believe their business model is to provide content. I thought it was to sell advertising and any editorial content is to fill the spaces that the sales team can’t fill.
REPLY: Actually, if you look at the bottom of Alok Jha’s Twitter feed for the image, [ http://twitter.com/GdnAntarctica/status/412977161323036672 ] it reads:
© 2014 Twitter About Help Ads info
I was saving that in case they didn’t get it the first time. – Anthony
=========================================
Posted over the TWITTER copyright… and a company, who is not Twitter was jerking your chain about use of an item posted over Twitter’s Copyright…. <> You simply can not make this stuff up.
This is very funny indeed… Life is much funnier than comedy. Great rebut Sir!
“We refer you to the reply given in the case of Arkell v. Pressdram” is a British reply to such legal bluster.
I have been wanting to use A lok Jha in a comment for some time. I’m Simple that way.
The “fair use” idea sounds interesting. Can an owner of a copyrighted work, make it well known to everybody, that they will never, under any circumstances, authorize anybody (outside themselves), to use ANY of their very substantial portfolio of copyrighted works, for ANY purpose whatsoever; no matter what ?? So don’t ask, but we will happily sell you a legal copy of any of our works, for a fair price, that you may ONLY use for your own personal enjoyment.
So they are saying, or will in detail, if you ask them, that no you may not even use your legally purchased copy of their work, for ANY of the usual “fair use” purposes. (educationally for example).
I ask because owners of the “far side” cartoons are very picky about their property, and won’t license its use for any purpose. I believe it was Larson’s personal wish, that his works not be so used.
I once paid good money ($75) for a very nice 8 x 10 or so print of a far side panel, which I had wanted to use in a lecture as a demonstration of the result of violating the Nyquist sampling criterion for sampled data systems. The FS people were very courteous in explaining their “no exceptions” policy, and understood my pupose also. So I happily paid for the panel, that I do show to visitors, sometimes; but I do wish I was able to use it. But I will honor their refusal; or I would never have purchased the print.
Climate “scientists” are masters at violating the Nyquist sampling criterion, in asserting actual relevance to any of their grossly under-sampled climate data plots. They under-sample to the point where even their purported “average” values, are corrupted by aliasing noise; specially when it comes to the spatial aspect of their data sampling; but even the temporal sampling is invalid. Maybe that’s why the results never make any sense.
Sitrep from the Aurora Australis:
The fog is persisting but there have been a few really awesome icebergs for us to look at when there have been breaks in the fog. It is now snowing. It is a real treat to look out my porthole and see fluffy snowflakes. The swell has picked up today and the ship is moving rhythmically across the undulating sea. Final preparations are occurring for Part 2 of the Casey resupply. Passengers have been briefed on the proposed plan and our new passengers had a quick overview of a Casey resupply. We are once again making good time and expect to arrive at Casey tomorrow night. Last night’s presentation was about the filming of emperor penguins for the television BBC series Spy in a Huddle. This was presented by one of our watercraft operators who spent over a year at Dumont d’Urville on this project. It was interesting to get an insight into what it takes to capture good quality and usable material. Happy birthday to our Captain, Murray Doyle. Cheers Leanne and Mark
I presume the plans are to keep the “new” passengers away from a bunch of irate scientists at Casey.
george e. smith says:
January 6, 2014 at 12:38 pm
If you teach in the US you can use it:
Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.
The US rules on copyright are probably the fairest in the world (other that the time extensions in the laws – from 14 years to practically indefinite).
The Scott Polar Research Institute at Cambridge chimes in:
http://www.cambridge-news.co.uk/News/Cambridge-University-researcher-Robert-Headland-says-Akademik-Shokalskiy-expedition-was-on-the-cheap-20140105134404.htm