Fastfission wrote:
Yes, but fair use is a defense, not a right.
It is both a defence and a right. How are they mutually exclusive.
And our policy can only
hope to make sure we would have a good defense. But in reality, we
don't really want to fight at all -- we've got better things to spend
our donations on, and the lack of one image will not sink an
encyclopedia (whereas a lawsuit could).
So yes -- you are right on the law, assuming of course that we ended
up in court AND won AND the judge agreed with our fair use assertions.
But our fair use policy is really trying to be a few rungs above that
on the causality chain.
Maybe some individuals don't mind getting into the fight on their own,
or they are far from believing that there ever will be such a fight.
It's hard to believe that any judge will ever have the opportunity to
decide on cases that are based solely on imagination.
Ec