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LA Times: The Guardian uses copyright to shush a critic of its cultural criticism (Sargon of Akkad)

eaton80

June 23, 2015
39 upvotes
/r/MensRights
http://www.latimes.com/opinion/opinion-la/la-ol-the-guardian-copyright-takedown-africa-video-20150610-story.html
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Title LA Times: The Guardian uses copyright to shush a critic of its cultural criticism (Sargon of Akkad)
Author

eaton80

Upvotes 39
Comments 22
Date June 23, 2015 3:19 AM UTC
(11 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/3aseqa/la_times_the_guardian_uses_copyright_to_shush_a/
Archive Link https://theredarchive.com/r/MensRights/la-times-the-guardian-uses-copyright-to-shush-a.976934
https://theredarchive.com/post/976934
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Comments

[–]xNOM 1 point2 points3 points 11 years ago (1 child) | Copy Link

50000 views. What's that, like, $100 in ad revenue?

[–]Stephen_Morgan 1 point2 points3 points 11 years ago (0 children) | Copy Link

50,000 editions of the imperialist, warmongering, hate-filled Guardian newspaper: http://neo-jacobins.blogspot.co.uk/2007/09/neo-jacobin-special-against-guardian.html

[–]DavidByron2 0 points1 point2 points 11 years ago (0 children) | Copy Link

What a bizarre argument.

That means Sargon effectively reduced the number of people who would see the commercial the Guardian placed at the front end of Anyangwe's video

Raising awareness of an article by criticising it does not reduce but rather increases the number of people seeing it. Sure many wont bother but many will want to check out the original that they are talking about. That goes both for supporters and opponents of the criticism. Having people talking about your stuff is the best way to boost viewers.

Depending on how much was quoted, the Guardian might be legally correct but the motivation sure wasn't lost ad revenue.

[–]ThePigmanAgain 0 points1 point2 points 11 years ago (0 children) | Copy Link

From...

http://www.copyrightservice.co.uk/copyright/p27_work_of_others

"What is fair dealing?

Fair dealing is a term used to describe some limited activities that are allowed without infringing copyright. Briefly these are as follows:

Research and private study

Copying PARTS of a literary, dramatic, musical or artistic work or of a typographical arrangement of a published edition for the purpose of research or private study is allowed under the following conditions: The copy is made for the purposes of research or private study. The copy is made for non-commercial purposes. The source of the material is acknowledged. The person making the copy does not make copies of the material available for a number of people.

Instruction or examination

Copying PARTS of a literary, dramatic, musical or artistic work or a sound recording, film or broadcast for the purpose of instruction or examination is allowed under the following conditions: The copying is done by the student or the person giving instruction. The copying is not done via a reprographic process. The source of the material is acknowledged. The instruction is for a non-commercial purpose.

Criticism or review

Quoting PARTS of a work for the purpose of criticism or review is permitted provided that:

The work has been made available to the public. The source of the material is acknowledged. The material quoted must be accompanied by some actual discussion or assessment (to warrant the criticism or review classification). The amount of the material quoted is no more than is necessary for the purpose of the review."

Notice how they keep using the oddly suggestive word "parts"! They do mention it's okay to make "copies" if it is for the purpose of reporting ( this seems to have been commentary, not reporting,) and if it is for use of the visually impaired, but for every other purpose it is part of the work, not its entirety.

[–]ThePigmanAgain -2 points-1 points0 points 11 years ago (23 children) | Copy Link

If he was, indeed, stupid enough to use the entirety of a copyrighted work, it's hard to sympathize with him. I was expecting the Guardian to have pulled some bullshit over a few quoted lines or something -- though i suspect such tactics by those pseudo-leftist assholes are just a matter of time.

[–]iainmf 4 points5 points6 points 11 years ago (0 children) | Copy Link

He did a point-by-point criticism of the whole video. How do that and ensure you fairly represent their argument without using the whole video?

Here's his video

https://www.youtube.com/watch?v=cdVYqbD8Q3k

[–]Stephen_Morgan 3 points4 points5 points 11 years ago (6 children) | Copy Link

Fair Use.

[–]ThePigmanAgain 0 points1 point2 points 11 years ago (0 children) | Copy Link

Yeah, right. I can post all of the recent Avengers movie on my blog as long as i make a very detailed analysis of it. Rubbish. If that were the case all pirates would have to do to avoid being sued is include a commentary track that critiques the thing as it goes along. Fair use covers pieces of the work, not the entirety of the work.

[–]xNOM 0 points1 point2 points 11 years ago (4 children) | Copy Link

I think technically it might violate fair use. The problem is, he supposedly used the whole video.

[–]dangerousopinions 0 points1 point2 points 11 years ago (3 children) | Copy Link

It still wouldn't matter, he's protected. Fair use doesn't have a limit on percentage of the original source used. It's the actual use that matters. He was using it to critique a noteworthy story, that's protected under fair use.

The Guardian probably thought they could take advantage of youtube's quick, unthinking reactions and then bully Akkad. I don't think they thought they could actually protect their copyright from fair use.

[–]xNOM -1 points0 points1 point 11 years ago* (0 children) | Copy Link

Ok, I got off my ass and looked it up. I think it is not so sharply defined. The Guardian is probably thinking about factor 4. in the fair use clause?

the effect of the use upon the potential market for or value of the copyrighted work.

https://en.wikipedia.org/wiki/Fair_use#Fair_use_under_United_States_law

Perhaps the argument is that using the whole video prevents visits to their site and thus revenue.

EDIT: I suck. Why am I looking at United States copyright law? is it even relevant?

[–]ThePigmanAgain -1 points0 points1 point 11 years ago (0 children) | Copy Link

Fair use doesn't have a limit on percentage of the original source used.

Do you have a source for that? Also, isn't this a matter of "fair dealing" (the UK version) rather than the more liberal "fair use" which is what is in effect in the States? I can't imagine that there is any sort of legal precedent for publishing an entire work simply because you are critiquing it.

[–]ThePigmanAgain -1 points0 points1 point 11 years ago (0 children) | Copy Link

Fair use doesn't have a limit on percentage of the original source used.

From...

http://www.copyrightservice.co.uk/copyright/p27_work_of_others

"What is fair dealing?

Fair dealing is a term used to describe some limited activities that are allowed without infringing copyright. Briefly these are as follows:

Research and private study

Copying PARTS of a literary, dramatic, musical or artistic work or of a typographical arrangement of a published edition for the purpose of research or private study is allowed under the following conditions: The copy is made for the purposes of research or private study. The copy is made for non-commercial purposes. The source of the material is acknowledged. The person making the copy does not make copies of the material available for a number of people.

Instruction or examination

Copying PARTS of a literary, dramatic, musical or artistic work or a sound recording, film or broadcast for the purpose of instruction or examination is allowed under the following conditions: The copying is done by the student or the person giving instruction. The copying is not done via a reprographic process. The source of the material is acknowledged. The instruction is for a non-commercial purpose.

Criticism or review

Quoting PARTS of a work for the purpose of criticism or review is permitted provided that:

The work has been made available to the public. The source of the material is acknowledged. The material quoted must be accompanied by some actual discussion or assessment (to warrant the criticism or review classification). The amount of the material quoted is no more than is necessary for the purpose of the review."

They do mention it's okay to make "copies" if it is for the purpose of reporting ( this seems to have been commentary, not reporting,) and if it is for use of the visually impaired.

[–]dangerousopinions -1 points0 points1 point 11 years ago (14 children) | Copy Link

That's not how copyright works. Fair use covers what Akkad does. He's commenting on a news story using copyrighted material directly related to that story. That's completely protected by fair use.

[–]ThePigmanAgain -1 points0 points1 point 11 years ago (13 children) | Copy Link

Source?

[–]dangerousopinions -1 points0 points1 point 11 years ago (12 children) | Copy Link

Source: I work in the media, I deal with licensing and copyright daily. What Akkad is doing is very much protected under fair use.

[–]ThePigmanAgain -1 points0 points1 point 11 years ago (11 children) | Copy Link

I don't think that counts as a source.

[–]dangerousopinions -1 points0 points1 point 11 years ago (10 children) | Copy Link

Feel free to look at copyright law in the U.K yourself then. You're speculating that Sargon is in the wrong knowing nothing about copyright and you want me to source my disagreement with your uninformed claim.

[–]ThePigmanAgain -1 points0 points1 point 11 years ago* (9 children) | Copy Link

"It's up to you, not me, to provide evidence for my claim!"

But since you are too lazy, here it goes. From...

http://www.copyrightservice.co.uk/copyright/p27_work_of_others

"What is fair dealing?

Fair dealing is a term used to describe some limited activities that are allowed without infringing copyright. Briefly these are as follows:

Research and private study

Copying PARTS of a literary, dramatic, musical or artistic work or of a typographical arrangement of a published edition for the purpose of research or private study is allowed under the following conditions: The copy is made for the purposes of research or private study. The copy is made for non-commercial purposes. The source of the material is acknowledged. The person making the copy does not make copies of the material available for a number of people.

Instruction or examination

Copying PARTS of a literary, dramatic, musical or artistic work or a sound recording, film or broadcast for the purpose of instruction or examination is allowed under the following conditions: The copying is done by the student or the person giving instruction. The copying is not done via a reprographic process. The source of the material is acknowledged. The instruction is for a non-commercial purpose.

Criticism or review

Quoting PARTS of a work for the purpose of criticism or review is permitted provided that:

The work has been made available to the public. The source of the material is acknowledged. The material quoted must be accompanied by some actual discussion or assessment (to warrant the criticism or review classification). The amount of the material quoted is no more than is necessary for the purpose of the review."

They do mention it's okay to make "copies" if it is for the purpose of reporting ( this seems to have been commentary, not reporting,) and if it is for use of the visually impaired.

For fuck's sake, man, do you really think i would be running a blog without having some idea as to how copyright works?!?!

[–]dangerousopinions -1 points0 points1 point 11 years ago (8 children) | Copy Link

For fuck's sake, man, do you really think i would be running a blog without having some idea as to how copyright works?!?!

First of all, am I supposed to know who you are, or that you operate a blog? Secondly, there is no minimum qualification or knowledge of copyright required to publish a blog. Millions of people do it, very few are familiar with copyright.

More to the point though, you're interpreting the law the way you want it to be in order to support your claim. This is a very short info video being refuted claim by claim. It's not a feature film, there is no loss of revenue on the part of The Guardian. In fact there is probably a net gain. Copyright is hardly black and white in court, and there is basically a 0% chance of winning a case like this, and the payout would be in the $500 to $1000 range based on similar awards for infringement on editorial material if in fact they won. The Guardian is just trying to game the system using a bunk claim of copyright infringement.

[–]ThePigmanAgain -1 points0 points1 point 11 years ago (7 children) | Copy Link

Gee, it's almost as if you didn't read the stuff i pasted. It makes it all pretty clear that i am not interpreting anything, that's what the law actually says -- you are allowed to copy PARTS, not the entirety. As for your working in the media, i sure as fuck hope it isn't as an IP lawyer! Now, unless you can find a credible source that contradicts mine, do me a favor and go away.

[–]dangerousopinions -1 points0 points1 point 11 years ago (6 children) | Copy Link

Jesus christ. Are you familiar with a single actual copyright case? It's not that simple. The Guardian would have to argue that Akkad isn't covered by fair use, which is not as simple as quoting the word "part", and precedence is also a big factor. Then the judge would decide whether in fact Akkad was or wasn't covered under fair use based on the arguments of each side. Then if the judge sided with The Guardian they could proceed with a copyright claim, and then they'd have to prove they lost revenue through his use of the video, at which point they would stand to win a few hundred dollars. This would of course take months and cost tens of thousands of dollars.

Fair dealing Certain exceptions only apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to research and private study, criticism or review, or news reporting.

‘Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. The question to be asked is: how would a fair-minded and honest person have dealt with the work?

Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include:

does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used The relative importance of any one factor will vary according to the case in hand and the type of dealing in question.

.

Criticism or review[edit] Section 30(1) of the 1988 Act provides that the fair dealing exception is valid if the material is being copied for criticism or review. For it to apply, the infringer must be able to show that the dealing was for criticism or review, that the infringed work was previously made available to the public, that the dealing was fair, and that the dealing was accompanied by an acknowledgement. The first step requires the defendant to show that the copying was done to criticise or review the work in question, the performance of the work, or, as in Beloff v Pressdram,[16] another work. The courts will interpret "criticism or review" liberally, as in Newspaper Licensing Agency v Marks & Spencers plc, and as such the criticism or review can include the thought or philosophy of the work, as in Time Warner v Channel 4,[17] or the social and moral implications of the work, as in Pro Sieben Media v Carlton Television.[18][19]

The exception is only applicable where the work has previously been made available to the public, which can take the form of issuing copies, lending copies, performing or exhibiting a copyrighted piece, or communicating it to the public. If the work has not been clearly made available not just to others but to the public in general, the exception does not apply, as in HRH the Prince of Wales v Associated Newspapers. Although Prince Charles had distributed copies of his diary to 75 people, this clearly did not make the journals available to the public, as each recipient was under strict instructions to keep the work confidential. The dealing must also be shown to have been fair, taking into account the many factors considered by the courts. Bently and Sherman suggest that in relation to fair dealings for criticism or review, the most relevant aspects considered by the court are likely to be the quantity taken, the method of acquisition and the consequences.[20]

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