Wednesday, April 25, 2007
Truth Is a Perfect Defense
It seems that Shelley wrote a brief article that used an image from a graph taken from a study published in that journal. As I understand it, Shelley's article was not even critical of the study but she was, in fact, really writing about the reaction in the popular press that "Alcohol 'makes fruit healthier'."
It is clear that, even if by some stretch of the law, Shelley's use was not protected under "fair use," it was an utterly minor violation without any financial damages to the publisher. In fact, it would have only served to bring this obscure journal to the attention of a wider audience.
But hey! Guess what! There is one of those "For Dummies" books about copyrights: Patents, Copyrights & Trademarks For Dummies.
And guess who it is published by: Wiley Publishing, Inc., which is an American subsidiary of John Wiley & Sons, Ltd. who ... you got it ... are the publishers of the Journal of the Science of Food and Agriculture.
Looks like a slight adjustment in the title is necessary...
P.S. And Lisa, just in case you get any bright ideas ... I'm a lawyer and I know my right to publish parody.
In any event, a good argument for open access!