[WikiEN-l] Re: [HelpDesk-l] permission

[Fastfission]

On 11/14/05, Brown, Darin <Darin.Brown at enmu.edu> wrote:
> I agree that there is a lot to be gained by rewarding people for original
> work.  Still, I think each case should probably be decided on its own
> merits, case by case. I can imagine a case where there was a free image
> available, and also a clearly superior fair use image where the fair use
> issue was not in doubt. In that case, I would find it hard to justify using
> an inferior free image simply because it was free? I know this runs counter
> to pure open-source thinking, but I keep thinking our primary goal is to
> make the best encyclopedia possible, and if that means occasionally favoring
> fair use to free images, then I don't see a problem. But if the images are
> even roughly equivalent in quality, certainly the free should win out.

I believe the usual wording is that free images should be preferred
whenever they are "adequate" replacements -- it's a bit loose, but I
have always thought that it means that as long as the free image is
not "inadequate" (that is, it simply fails both informationally and
stylistically) it should be preferred over a non-free one, even if the
latter is in many respects a better image on the whole.

Just because copyrighted images by full-time photographers with
complete access and advanced materials are "superior" does not mean
they should be preferred; they are contradictory to a major purpose of
this project, do not encourage people to make free media, and put us
unnecessarily in a legally questionable situation on top of that. If
the free alternative is good enough to serve the purpose of an
encyclopedia article, it gains preference, on account of its
free-ness. In my view. It is important to reward the finding/creation
of free content and to avoid wherever possible the reliance upon
non-free content.

FF