It is possible to include non-free content in creative commons free content, as these licences explicitly do not restrict the rights granted by other laws.
http://wiki.creativecommons.org/Frequently_Asked_Questions#Do_Creative_Commo...
However, I have seen many images deleted on Commons when they contain fair-use/fair-dealing components within them.
Commons currently has a policy which rejects fair-use, however that is for images where the fair-use context is external to the media file on Commons (the wikipedia page).
http://commons.wikimedia.org/wiki/Commons:Fair_use
There are many situations where the fair-use context is embedded in the media file, such as an image within an image, an image within a video, or a parody.
Are there examples of fair-use within media on Commons?
The specific case I am interested in this video.
http://www.youtube.com/watch?v=EHqFoK2EHls
specifically all of the logos on the backdrop for the interviews at 0:25-0:35,0:58-1:06,1:11,1:29,2:04
The creator of the video can't possibly secure free content releases for those logos, and should not need to. The copyright holders of those logos clearly put them in the public knowing they would be used in this context, without giving permission to everyone who had a camera at the scene.
In Australia, this may also fall under the Copyright Act section 67
http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s67.html
However that depends on whether "television" can be stretched to include youtube videos if the same content was also distributed on broadcast television.
This section is omitted from our Freedom of Panorama template.
http://commons.wikimedia.org/wiki/Template:FoP-Australia
Should section 67 be added to the FoP template, or would it be better to create another class of templates for broadcast television containing incidental elements of non-free content?
John, don't overthink it.
Those logos would be de minimis: http://commons.wikimedia.org/wiki/Commons:De_minimis
-- Adrignola
On Thu, Sep 1, 2011 at 12:06 AM, Aaron Adrignola aaron.adrignola@gmail.com wrote:
John, don't overthink it.
;-)
Those logos would be de minimis: http://commons.wikimedia.org/wiki/Commons:De_minimis
Do we have a template to advise the reader which parts are not CC, like we do for personality rights?
On Fri, Sep 2, 2011 at 3:28 AM, John Vandenberg jayvdb@gmail.com wrote:
Do we have a template to advise the reader which parts are not CC, like we do for personality rights?
You could add image annotations over the areas that are not CC. Beyond that I'm not aware of a template for this particular situation.
There are plenty of templates related to similar situations having to do with freedom of panorama, such as the one seen on http://commons.wikimedia.org/wiki/File:Louvre_at_night_centered.jpg
So there's precedent for creating a new one. I'd expect it to be filed in this category: http://commons.wikimedia.org/wiki/Category:Restriction_tags
-- Adrignola