Stop43.org.uk stopped Commercial Orphan Works Exploitation in the UK Digital Economy Bill Clause 43






Copycat viral depicts Big Media as the winners if Clause 43 becomes law

Clearly inspired by the style of Stop43’s “viral” images illustrating intractable problems with Clause 43, an image has been posted to Flickr depicting Rupert Murdoch, Chairman and Managing Director of News International, and Mark Thompson, Director-General of the BBC, in fake advertisements apparently promoting gambling.

SEE IMAGE

As with our viral image “Only The Best”, this image also points out the dangers of misrepresentation in Orphan Works and Extended Collective Licensing. The image is apolitical, not derogatory and not libellous: the Chinese text translates as “Think Big, Win Big!”; the Russian text as “Think Win Big”, according to Google Translate.

In the UK, the use of images of people in advertisements and thereby endorsing products and services must have their subjects’ prior permission in the form of industry-standard signed
Model Releases, which act as a contract between the subject and photographer.

If orphan images are used in advertising, it cannot be known whether their subjects have given permission in this way. Furthermore,
there is no-one for a subject to sue for damages if their image is used in a way in which they don’t agree and have not or would not give permission. By definition, the photographers who created the photographs and hold the model releases if they exist, cannot be found.

Gambling is legal in the UK. However, given their prominent public positions in the UK, it is unlikely that either
Mr. Murdoch or Mr. Thompson would have given permission for their portraits to be used to endorse it in such a way - these “advertisements” are likely to misrepresent their views.

Welcome to the future, Gentlemen, if you fail to help prevent Clause 43 of the Digital Economy Bill from becoming law.