Gerard Meijssen schrieb:
The idea of Commons is to have a repository of material that can be used in the projects of the Wikimedia Foundation and that is freely licensed as such. The notion of "fair use" is open in many jurisdictions and it is for this reason that the English Wikipedia insists on using this.
Fair use has nothing to do with this. And it's not applicable to commons.
If Commons does not want this material we might want to have a second repository for such material. It would then be for individual projects to accept this material or not. The appreciation of what Commons is about seems also open for interpretation :)
We might as well allow "for wikipedia only" material. because that's what this basically is: "safe enough for us, but we can't promis it's really free". We would no longer be a free-content-only project.
What we should lobby for is more sensible laws about orphan works. Museums would be great allies in this. Until now, they don't care much, because they don't get sued. Perhaps we can make them care a little more.
-- daniel
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