Windsor Square received correspondence from Post Media Network Inc, parent company of the Windsor Star. Here is their letter followed by our reply.
And the reply from Windsor Square…
To: Postmedia Network Inc. Attn: Gillian Akai Vice-President, Legal Affairs
Thank you for your letter dated September 2, 2010.
As a leading member of the Fourth Estate in Canada, we are surprised that the Postmedia Network Inc. takes such a narrow and restrictive view of what “fair dealing” means under the Copyright Act.
It certainly was not our intent to infringe any Copyright that the Star may have in its materials nor have we done so.
With respect, it is our opinion that our activities fall squarely within the provisions of the “fair dealing” sections of the Copyright Act. Moreover, the Star has explicitly allowed us to “share” their materials with the public.
While we are certain that our disagreement would make an interesting legal case, frankly, we believe that both of us have better things to do than to set a legal precedent at this time as to what “fair dealing” means in the context of a Portal whose function is,
“regular political commentary and analysis of the happenings in and around Windsor and Essex County. The Square provides insightful news perspectives, in depth analysis, and solid background for people who want more than what traditional news sources provide”,
and the Star which is the dominant distributor of news and opinions in this region.
We do not understand how, on the one hand, you claim that you “respect” our right to critique the Star coverage yet, on the other hand, object to the “fair dealing” with Star materials.
In any event, and without prejudice to our legal rights to claim that we have not infringed any copyright and that our activities are “fair dealing,” Windsor Square and our contributors will remove any excerpts from the Star from articles that we have posted. Such action will result as well in the removal of Star materials from those articles if they are called up in future.
We can confirm to you that we will continue to comply with the terms and provisions of the Copyright Act.
In order to avoid any difficulties between us in the future, please provide us with the name(s) of individual(s) at your organization to whom our contributors may send requests for authorization and who can respond in a timely fashion considering our deadlines for posting articles.
Thank you for your consideration.
Yours very truly,
The Windsor Square