BJWOK wrote in post #18354227
In regards to this specific case, the situation is black and white:
...are you a lawyer? Have you consulted one? The situation is not as black and white as you claim.
They used my image without permission.
They were within the law to do so as they are reporting the news.
They offered me a token sum as compensation (which they had no legal obligation to do). The end.
From the actual copyright act:
"Fair dealing for purpose of reporting news
(1) 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:
(a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or
(b) it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film."
There wasn't sufficient acknowledgement of the work IMHO. So this was not fair dealing, in my opinion. But I am not a lawyer. And neither are you. You should stop claiming "they were within the law" when we really don't know that.
I shared this story here so others that face a similar predicament might have some knowledge on how this plays out.
Then it would have been more constructive to offer the opinion of a legal expert. How it "played out" in your case doesn't have to be the way it plays out for everyone.