[MyData & Open Data] Fwd: [The 1709 Blog] Should the EU have a specific UGC exception or even fair use?

[Javier Ruiz Diaz]

Hi

here is one interesting case of reuse. Somehow the "open data" police
mugshot of a handsome offender has become a viral piece of user
generated content after being posted on Facebook.

This has prompted a debate about copyright, but not much from a privacy POV.

http://www.huffingtonpost.co.uk/2014/06/23/jeremy-meeks-sexy-convicts-wife-furious-mug-shot_n_5521994.html

(check gallery of 17 funniest mugshots as a bonus!)

> *From:* Eleonora Rosati <eleonorarosati at gmail.com>
> *Date:* 23 June 2014 15:44
> *To:* 1709-copyright-blog at googlegroups.com
> *Subject:* [The 1709 Blog] Should the EU have a specific UGC exception
> or even fair use?
> <http://3.bp.blogspot.com/-kb6HiFdfSd4/U6g8aZ2atdI/AAAAAAAAFFg/GGO60umFw9E/s1600/10402608_626455670783694_4163022932749562915_n.jpg>
>
> Earlier today, the IPKat launched a poll
> <http://ipkitten.blogspot.co.uk/2014/06/sexy-felons-mugshot-provides-perfect.html> *[which
> you can find at the **top of the left-hand side of the IPKat side
> bar]* asking readers the following question:
>
> *_DO YOU THINK THAT EU COPYRIGHT SHOULD HAVE _**_A SPECIFIC EXCEPTION
> FOR USER-GENERATED CONTENT?_*
>
> The poll was prompted by publication on Facebook of California-based
> "/blue-eyed gang member
> <http://www.dailymail.co.uk/news/article-2663168/Whos-arresting-Striking-mugshot-blue-eyed-gang-member-caught-illegal-firearms-social-media-swooning.html>/"
> Jeremy Meeks's mugshot
> <https://www.facebook.com/stocktonpolicedepartment/photos/pb.205951982834067.-2207520000.1403222282./626455670783694/?type=1&theater>. 
>
> The photograph has attracted immediate and increasing popularity,
> /probably/ because of Jeremy's good looks. 
>
> There have been also suggestions that this particular Jeremy would
> make a perfect model. To prove why this would and should be the case,
> some users have created fake fashion campaigns
> <http://www.independent.co.uk/news/world/americas/jeremy-meeks-smooth-criminal-breaks-silence-from-prison-saying-hes-not-some-kingpin-9553910.html> using
> Jeremy's mugshot and a bit of Photoshop. 
>
> But, by using his photograph, can any copyright-related issues arise?
>
> <http://1.bp.blogspot.com/-_uc5x9E6ka0/U6g8oruwlhI/AAAAAAAAFFo/wfJ-QcucBho/s1600/Jeremy-Meeks-1.jpg>Under
> US law the response should be pretty straightforward, in the sense of
> 'No' being likely answer, as any potentially infringing activities
> might be considered fair use within §107
> <http://www.copyright.gov/title17/92chap1.html#107> of the Copyright
> Act, particularly because of their transformative nature *[as recent
> examples, /see Cariou v Prince
> <http://www.ca2.uscourts.gov/decisions/isysquery/5da8dc66-179e-4dc0-94cc-09e213bfffe3/1/doc/11-1197_complete_opn.pdf>/, here
> <http://ipkitten.blogspot.co.uk/2013/05/carry-on-over-cariou-when-works-are.html>,
> and /Seltzer v Green Day
> <http://cdn.ca9.uscourts.gov/datastore/opinions/2013/08/07/11-56573.pdf>/, here
> <http://ipkitten.blogspot.co.uk/2013/08/transformative-use-victory-for-green.html>]*.
>   
>
> But what would happen in a different jurisdiction, say the UK?
>
> As current *[and future: /see/ leaked Commission's White Paper here
> <http://ipkitten.blogspot.co.uk/2014/06/super-kat-exclusive-heres-commissions.html>]
> *EU copyright framework does not provide for a specific exception for
> user-generated content, potential infringement issues might arise
> given the likely insufficiency of current and forthcoming exceptions -
> such as parody
> <http://www.legislation.gov.uk/ukdsi/2014/9780111116029/pdfs/ukdsi_9780111116029_en.pdf?page=2> - to
> cover activities like those of Jeremy's fans.
>
> Should things change? You have time until 7 July to let us know what
> you think! Do vote! 
>
>
> --
> Posted By Eleonora Rosati to The 1709 Blog
> <http://the1709blog.blogspot.com/2014/06/should-eu-have-specific-ugc-exception.html>
> on 6/23/2014 03:44:00 pm --
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