Yesterday I blogged about Patrick Lee-lo and his junket and posted a photograph.
That evening I¬†received¬†a letter attempting to get me to take it down claiming copyright.
Unfortunately for Ms Taranto a snarky and overly legalised letter to me doesn’t really work.¬†
It seems too that she is quoting the Australian Copyright Act 1968…shame I live and operate from New Zealand where the Copyright Act 1994 applies.
One of the provisions of our Copyright Act allows for criticism, review and news reporting. Now considering I am the editor of a newspaper as well as this blog and the two are conflated in the media, for instance where Larry Williams introduces me on his show as “Cam Slater, Editor of Truth and the Whaleoil Blog”, I’m pretty sure I can claim this provision, especially as I am reporting on the murky goings on inside the BSC.
The photo too is easily accessible via Google and in fact Ms Taranto has posted it on her Google+ profile (see screenshot below). Not the area marked in red that says “Shared publicly” with also no corresponding copyright notice at all on any of her photos.
Note also that this photo was taken at the BSC AGM…and is itself subject to news as Ms Taranto’s own publication covered it. In any respect Section 41A of the Australian Copyright Act 1968 allows for;
Fair dealing for purpose of parody or satire
A fair¬†dealing with¬†a literary, dramatic, musical or¬†artistic work, or with an¬†adaptation¬†of a literary, dramatic or¬†musical work, does not constitute an infringement of the¬†copyright¬†in the¬†work¬†if it is for the purpose of parody or satire.
The post was obviously parody and satire and openly mocking of the subject. Also Section 42 allows for¬†Fair dealing for purpose of reporting news.
Might I suggest that Ms Taranto and Patrick Lee-lo also swot up about The Streisand Effect.
The¬†Streisand effect¬†is the phenomenon whereby an attempt to hide, remove or censor a piece of information has the¬†unintended consequence¬†of publicizing the information more widely, usually facilitated by the¬†Internet.
It is named after American entertainer¬†Barbara Streisand, whose attempt in 2003 to suppress photographs of her residence in¬†Malibu, California, inadvertently generated further publicity. Similar attempts have been made, for example, in¬†cease-and-desist letters, to suppress¬†numbers, files and websites. Instead of being suppressed, the information receives extensive publicity and media extensions such as videos and spoof songs, often being widely¬†mirrored¬†across the Internet or distributed on¬†file-sharing networks.