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Geert Wilders to Edit His Controversial Film [UPDATED]

Gribbit IconYahoo News is reporting that Geert Wilders will be editing his anti-Islamic film “Fitna“. It seems that he didn’t get permission to use the famous cartoon that just about every blogger uses. You know the one. The one with Muhammad with a bomb in his turban.

Well it seems that he didn’t get permission to use the widely proliferated cartoon within the film.

From Yahoo News:

A Dutch lawmaker whose anti-Quran film drew worldwide condemnations will edit out a cartoon of the Prophet Muhammad after complaints of copyright infringement, his office said Monday.

Geert Wilders used the cartoon by Danish artist Kurt Westergaard twice in the film “Fitna.” The drawing, which depicts Islam’s prophet wearing a bomb-shaped turban with a lit fuse, provoked violent protests in Muslim countries when it was published by European newspapers two years ago.

The Danish Union of Journalists has said it would sue Wilders for copyright infringement.

Wilders’ spokeswoman Daphne Rozenboom said in an e-mail that Wilders would replace the cartoon and make other minor edits. She could not give details on how Wilders would change a film that has been dispersed widely over the Internet and downloaded millions of times since its release late Thursday.

Now before you get irritated with The Danish Union, make sure you read what Westergaard said AFTER receiving the email…

In Denmark, Westergaard said he was happy with Wilders’ decision and believed the lawsuit would be dropped.

He added that Wilders might have won his permission to use the cartoon if he had asked.

“I don’t want my drawing to be used in something that I don’t know anything about. Had Mr. Wilders contacted me, we could have talked together and I could have found out what he wanted with the drawing,” he said.

One would believe that their goals were the same so why would Westergaard want to sue Wilders? I can’t answer that other than Wesergaard just wanted to know what his cartoon would have been used for.

Now, at this point that means little since it appears on most anti-Islam sites (including mine at one point).

Here in the United States, there is what is referred to as an exemption for political commentary in Title XVII Chapter 1 Section 107 which states:

“Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.”

So here anyway, there is no danger of suit as long as it is being used for non-profit political commentary.

I’ll be interested in seeing the edited version of the film. The current version of the film has gotten thousands of views on this site alone. I shutter to think how many views total the film has received world wide.

UPDATE:

Sign the petition of support for Geert Wilders HERE

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