[WikiEN-l] More fair use image overreaching

[WJhonson at aol.com]

In a message dated 3/2/2008 5:14:28 P.M. Pacific Standard Time,  
scs at eskimo.com writes:

So what  is "you are implicitly and voluntarily giving up your right"?
That's just  your interpretation, right?  I don't think we'll ever  know.>>


----------------------
That's right.  Now you've got the hang of it.
 
Law, just like Wiki-policy is subject to interpretation, which is why case  
law is so important in the US at any rate.  You never know in advance how  
something will go, even if you *think* you have an iron-clad situation.
 
It's my view, that a person voluntarily using your camera to take your  
picture, is your free employee.  If anyone thinks that we're ever going to  *know* 
whether any free-use image will be challenged, they are wrong.  We  can never 
know.  We can create a policy for when to use them and when not,  we can 
modify and expand it, but we are always going to be subject to the  possibility of 
getting a "cease and desist" letter.
 
Which is not the end of the world.  The main copyright issues, are not  
because an entity *violated* the copyright, but are when they were told, they  
fought it.  If you comply with the letter, the matter is generally dropped  
*unless* the offended party can create a claim that you deprived them of some  kind 
of substantial income.
 
Hardly likely in our case.
Will Johnson



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