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
HELP!!!
I have created the line —
Global warming is to the NY TImes what space aliens are to The National Enquirer.
I would like to do a British version but my knowledge of British newspapers is limited.
Global warming is to the Guardian what space aliens are to ____________.
Could kind Brit help me fill in the blank?
This could also be applied to the BBC
Global warming is to the BBC what space aliens are to _____________.
Eugene WR Gallun
Chris Huhne has the most notorious record at the Guardian. 😉
Stephen Brown says:
January 6, 2014 at 1:13 pm
I say, sir! Well played!
You took your stance, the Grauniad fast bowler came steaming in and bowled a seemingly rather nasty googly.
A pedant writes:- No sir, it was either the Grauniad’s leg spinner who bowled the googly or the fast bowler bowled a bouncer. However, I do agree whole heartedly about AW’s response.
On a more serious note, having worked in the same building as the Grauniad, I did have the occasional contact with their office people, mainly on the fire escape stairs during the many fire alarm practices. They are all pretty normal people, just earning a crust. I tend to agree that Helen Wilson was probably leaned on by one of the political commissars in the organisation.
This was posted recently at the blog Turney posted to defend himself at Nature:
http://www.nature.com/news/this-was-no-antarctic-pleasure-cruise-1.14466
“This was a quest, not a scientific expedition. Like most quests, it was searching for an illusion and led by an illusionist. Like most quests it is not at all clear the expedition got where they thought they were going. As in a classic quest, the leader even got the party into pointless danger. But even by quest standards, this was more of a frolic than a serious trek. Monty Python’s “Holy Grail” comes to mind, but instead of being led by King Arthur, it was led by the Penguin. I hope the journalists, children and others easily impressed were well entertained.”
“I have noted your response and will update our records accordingly.” I bet they update them upwards to make warming look worse than it is.
I would have expect that the legal dept. at the Guardian would have been advised of this issues first, and then had the lady send a scripted e-mail to Anthony. It would be fair to assume they clearly knew the legal situation and wanted to shake up Anthony a bit, which backfired.
Nice job Anthony!
Private Eye in 1971 famously saw off a vexatious lawsuit, Arkell v. Pressdram.
http://en.wikipedia.org/wiki/Private_Eye#Litigation
The Gruniad attempting to further ‘the cause’ through ignorance and twisting of established laws (including scientific ones) to squash embarrassing debate? Sadly for them, copyright law is not hypothetical.
CRS, DrPH says:
January 6, 2014 at 7:03 pm
CRS, DrPH says:
January 6, 2014 at 7:03 pm
Helen’s LinkedIn profile:
http://www.linkedin.com/pub/helen-wilson/45/8b0/951
She’s just a kid, doing what her masters told her to do. I think her masters see that there are consequences to taking on a widely read resource such as WUWT.
—-
I also think that at least one person there is aware of the Streisand effect.
The Guardian has been very sensitive over the expedition, or tourist jaunt as some might call it.. On December 30 I suggested in their comments column that it would be wise to prepare to evacuate the passengers. Separately I suggested that “Global Warmists Ice-Bound” might make a good headline. That contribution was rejected by their “moderators”. Sadly the Guardian is so locked into the “veracity” of the IPCC agenda that no criticism of the panels views is permitted, humorous or not.
richard says:
January 6, 2014 at 10:14 am
Ironic that the Guardian is propped up financially by a car magazine.
I wonder how long it can continue.
===============================================================
And propped up by its parent group being registered in the Cayman Islands. The Guardian is a very strong critic of tax avoidance. Except when done by The Guardian Media Group.
Dr T G Watkins says:
January 6, 2014 at 10:49 am
“Very funny.
I suspect you have a much larger readership than the Guardian which only survives by indirect government subsidies from the BBC and gov. ‘job’ adverts.”
Not quite! More like direct subsidies from “Auto Trader.”
Adam says:
January 6, 2014 at 6:48 pm
““update our records accordingly”.
My response would be:
Dear Helen,
You are a twat.
Regards
Adam.
That could be dangerous. In the UK “twat” is a euphemism with sexual implications!
Eugene WR Gallun says: Global warming is to the Guardian what space aliens are to ____________.
I would suggest the Daily Sport (“London Bus Found On The Moon” etc).
“In the UK “twat” is a euphemism with sexual implications!”
In practice that actually seems more of a US usage (on those occasions when it is used). In the UK it is very common parlance, and usually used to refer to someone (usually male) as something like a cross between a twit and a prat – but meant with more contempt and derision.
The term has quite drifted from its origin, so much so that our prime minister appeared to be completely unaware. It is almost suitable for general polite society (the PM certainly thought so!), and the fact that the political correctness / feminist mob aren’t particularly interested in it is a sure sign of its normality.
http://en.wikipedia.org/wiki/Twat
.
Admad 12:50pm
Thank you — Global warming is to the Guardian what space aliens are to the Daily Sport.
Eugene WR Gallun
The #SpitonMawson Kops karry on. But the feet in the mouths make it harder to expectorate.
Heh!