[WikiEN-l] Re: Questionable fair use claims: a case study
Michael Snow
wikipedia at earthlink.net
Fri Oct 21 14:34:29 UTC 2005
Anthony DiPierro wrote:
>The single most important factor for a fair use analysis is the
>impact of the use on the market for the original
>
If you're relying on Harper & Row for this proposition, you need to
recognize that Campbell v. Acuff-Rose effectively undermines it, both on
the facts and in the language of the decision. Its analysis is much
closer to weighing the factors equally.
>In
>my opinion even images on user pages should be given a little bit of leeway
>for this reason. An image which isn't included in any of the articles isn't
>really in the encyclopedia itself, it's in a temporary workspace which we
>use to create an encyclopedia.
>
>
It's in a workspace that we publish to the entire world over the
internet. And don't kid yourself about the temporary here; try removing
an inappropriate image from somebody's user page and see how temporary
they thought it should be. While I am perfectly happy to be flexible
about more restrictive licensing for user page images (no-derivatives or
Wikipedia-specific permission), I have yet to see anyone articulate a
reasonable argument as to why a copyrighted image would be fair use on a
user page.
--Michael Snow
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