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
I would have given them the proverbial finger and responded “See you in court, [redacted to avoid sinbin]hole!” Your problem, Anthony, is you have too much class!
@Bob Maclean
…If, for example, Bishop Hill used the photograph could they legitimately chase him?…
I think there is a confusion between civil and criminal law here. The way civil law works is that the Grauniad (or anyone) can chase anyone at any time. I could sue you for, oh, say, breach of promise if I wanted. All I would need is some money to start the case. However, with no grounds or evidence I would be very unlikely to win. Similarly, the Grauniad can sue AW for copyright breach at any time. They have threatened to do so over this publication, AW has given then a taste of his defence, and they have backed down.
Incidentally, The Grauniad is so called because one day the paper (famous for misprints) actually printed it’s own name like that – not on the front page, but as a page header to one of the inside pages.
John Law says: January 6, 2014 at 11:13 am
Couldn’t help noticing the typo in your comment (missing ‘a’)! The Guradian’s curse strikes again.
The Grauniad (John Law please note – GRAUNIAD) is allegedly bankrupt. What do rats do when cornered?
China’s trapped icebreaker preparing for breakout amid uncertain conditions:
http://www.globaltimes.cn/content/835984.shtml#.UssZULTO2So
“The Guardian sinks even further. At what point will it not be a newspaper at all.”
Honey, that train left the station a long time ago.
Note that disgraceful rag,
CLAIMS : to champion liberty with it’s Wikileaks & Snowden type stories.
ACTIONS : The most anti-free speech British media group
with – 1. it’s ironically named Comment is Free.. The hyper censored readers comments.
2. constant bully of alternative views (political correctness angle etc.)
3.A serious article on whether skeptical views should be suppressed
4. and now attemts to censor satire.
5. Any evidence they have done same to activist websites using similarly tweeted photos .. No of course they didn’t.
The UK also has a ‘fair usage’ clause in the copyright act. In the UK it is called ‘fair dealing’, and there is a good summary of it on Wiki.
http://en.wikipedia.org/wiki/Fair_dealing_in_United_Kingdom_law
And it works too, because I used it against a large UK publisher.
Just an observation, Anthony… From her email signature it looks like Ms. Wilson is in Sales, not Legal. This could be the cause of her “rolling over” so quickly. Being in the Sales Dept., perhaps her job is to extract a license fee from people that re-use content (either change your website, or pay a little fee)? Maybe they have a department / small group of people that look for this kind of thing (looks like “Syndication” from her email signature?)
Anyways, it would explain why she folded so fast – no fee to be garnered from fair use.
I say, sir! Well played!
You took your stance, the Grauniad fast bowler came steaming in and bowled a seemingly rather nasty googly. With your accustomed aplomb you stepped back and cracked the ball straight over the bowler’s head, equidistant twixt long-on and long-off, clean over the boundary for a damned decent six.
Better played than anything the English Team have done in their recent and most lamentable Test Tour down Under.
(Think cricket.)
It doesn’t add up –
i think this is a later report…& u won’t find it on BBC, Guardian or Fairfax, who have shown no interest in the fate of the crews of the Xue Long or Akademik Shokalskiy for days:
7 Jan: South China Morning Post: Stephen Chen: Ships stay stranded as wind falters
The Chinese Antarctic icebreaker Xue Long, or Snow Dragon, remains trapped by ice after favourable winds failed to arrive.
Xu Ting, deputy leader of the exploration team onboard the ship, said no action could be taken yesterday.
“[The weather] is still dominated by southeastern winds, and the ice nearby [the ship] is still very dense,” he told China National Radio. The crew had expected a westerly wind to arrive today, but the wind now does not appear strong enough…
The US Coastguard icebreaker Polar Star, which was on its way to resupply the US Antarctic research station at McMurdo Sound, cut short a visit to Sydney on Saturday to assist the two stranded vessels and is expected to arrive early next week.
http://www.scmp.com/news/china/article/1399314/ships-stay-stranded-wind-falters
greetings to the crews of both ships & best wishes.
Anthony.
Get in there my son.
Luvverly Jubberly
Very Funny, Anthony. I loved “update our records accordingly”. I would say that you have blown her out of the water with legal gunfire.
We are superior! We are the invincibles. We are members of the elite of the elite. We are the g people. (Please note little ‘g’.) Thanks Anthony for your efforts to expose them for what they are not.
Given that this picture was taken in Antarctica on a scientific expedition, I believe it is bound by the Antarctic Treaty Article 3 1c – scientific observations and results from Antarctica shall be exchanged and made freely available.
The Guardian is attempting to violate an international treaty.
It Doesn’t Add Up @ur momisugly 12:41 pm
Fortunately for Turney and his gaggle the Casey base doesn’t have a tree for its scientists to throw a rope over.
Total victory will be achieved when you receive advice that Helen Wilson has been sent for counselling but “I … will update our records accordingly” sounds like a ceasefire notification pending surrender.
WUWT is an educational website. Gurdian is a state sponsored propaganda outlet. Let the Striesand effect continue.
Fools venture only where fools go.
In previous cases I have been told by attorneys that in the U. S. copyright must be enforced by the copyright holder. Failure to attempt to enforce it means loss of copyright. Thus, letters to anyone who may even be remotely thought to be breaking the copyright.
Lapdog media pushing censorship: the turkeys who love Christmas.
given the Guardian website dedicates a section to Dana & company, and calls it “ClimateConsensus-the 97%”, it’s clear they lack a sense of humour:
7 Jan: Guardian: Dana Nuccitelli: The Weekly Standard’s Lindzen puff piece exemplifies the conservative media’s climate failures
The Weekly Standard suggests we should gamble our future on the climate scientist who’s been the wrongest, longest
PHOTO CAPTION: The Weekly Standard’s Lindzen article was puffier than a drag from a cigarette – which Lindzen also denies cause cancer. Photograph: Graham Turner for the Guardian
The conservative media may currently be the single biggest roadblock to addressing the threat posed by human-caused climate change…
Make no mistake about it; Lindzen has made a career of being wrong about climate science…
In my extensive research into Richard Lindzen’s climate papers and talks, I’ve never been able to find an instance where he ***predicted how global temperatures would change in the future, other than to say in 1989,
“I personally feel that the likelihood over the next century of greenhouse warming reaching magnitudes comparable to natural variability seems small,”…
Today’s conservative media outlets are rarely willing to consider the scenario in which 97 percent of climate scientists and peer-reviewed research are correct…
(THE BIG FINALE)This Weekly Standard article exemplifies the problem with today’s conservative media, as they ironically help stick us with government greenhouse gas regulations rather than encouraging a potentially more effective free market approach favored by economists, including conservative ones.
http://www.theguardian.com/environment/climate-consensus-97-per-cent/2014/jan/06/climate-change-climate-change-scepticism
it looks like the Left are giving you the finger too, Dana:
China’s CNOOC to abandon wind, biofuels – source
BEIJING, Jan 6 (Reuters) – State-owned China National Offshore Oil Corp (CNOOC) is shutting down part of its renewable energy business, a company source said on Monday, as it looks to sell its wind and biofuels projects and shift its focus to coal-to-gas…
http://www.pointcarbon.com/news/reutersnews/1.3548629?&ref=searchlist
reality:
6 Jan: Bloomberg: Dirtiest Coal’s Rebirth in Europe Flattens Medieval Towns
By Stefan Nicola and Ladka Bauerova
Across the continent’s mining belt, from Germany to Poland and the Czech Republic, utilities such as Vattenfall AB, CEZ AS and PGE SA are expanding open-pit mines that produce lignite…
The projects go against the grain of European Union rules limiting emissions and pushing cleaner energy. Alarmed at power prices about double U.S. levels, policy makers are allowing the expansion of coal mines that were scaled back in the past two decades, stirring a backlash in the targeted communities…
Lignite demand worldwide is forecast to rise as much as 5.4 percent by 2020, according to the International Energy Agency. At the same time, it estimates consumption must fall 10 percent over that period to achieve goals endorsed by EU and world leaders to hold global warming to 2 degrees Celsius by the end of this century…
(LOL) Lignite’s revival is concentrating attention on the drawbacks of the fossil fuel and may actually bolster support for renewables such as wind and solar power, according to Barry O’Flynn, a director in the environmental finance and clean technology team at Ernst & Young LLP…
Now, Poland, which gets almost 90 percent of its electricity from coal, is stepping up use of the fuel as a way of ensuring energy security and maintaining employment in some of the nation’s poorest regions…
http://www.bloomberg.com/news/2014-01-06/dirtiest-coal-s-rebirth-in-europe-flattens-medieval-towns.html
Well Mr watts, the guardianistas read your blog. Who would have thunk it? 🙂
The Guardian? I wouldn’t wipe my arse with it.
And they say no one at the Guardian can read…