[WikiEN-l] More fair use image overreaching

[Brian Salter-Duke]

On Sun, Mar 02, 2008 at 02:43:31AM +0000, geni wrote:
> On 02/03/2008, Brian Salter-Duke <b_duke at bigpond.net.au> wrote:
> >
> > Maybe I am one of those people who does not understand this.
> >
> >  If I had an article on WP and I uploaded an image of me and put it on
> >  my article claiming fair use, what is the problem? First, I am not going
> >  to sue.
> 
> You get knocked down and killed by a bus tomorrow. Will whoever inherits sue?
> 
> Secondly I don't believe you. I think you will sue when someone
> creates what you think is a derivative work such as say modifying the
> article you put it in. Trust but verify and in this case I can't
> verify.
> 
> >Second, it can not then be used by any Tom, Dick or Harry
> >  anywhere they like, which would have been the case if I had uploaded
> >  using the GFDL or into the public domain. I can see lots of reasons why
> >  I might want to do that.
> 
> So can I. However you are on the wrong project. Geocities is that way.
> 
> >  If this is not possible, how could I achieve this outcome - it goes on
> >  my page with my approval but nowhere else?
> 
> By starting your own website or using the free web host of your choice.
> 
> >  I am assuming that fair use is OK in general. I could upload an image
> >  from anyway of a person and put it on their article under fair use,
> >  could I not? Is'nt that one of the criteria for fair use?
> 
> Fails wikipedia's replaceability test and in any case would likely be
> considered a rather weak fair use case by the courts.

I am with you to here. You say a "rather weak fair use case" and I
agree, but it not an impossible fair use case, so if I can do it for
someone else, even if difficult, why can I not do it for myself? Not 
that I have an article, of course.

> -- 
> geni

-- 
          Brian Salter-Duke            b_duke at bigpond.net.au  
               [[User:Bduke]]  mainly on en:Wikipedia.
           Also on fr: Wikipedia, Meta-Wiki and Wikiversity