I totally agree that if the WMF board decides to outright ban fair use
then we have no choice but to comply. I, on a certain level, hope that
they do not. I think what we should focus more on, however, is asking
permission from copyright holders to use their copyrighted media.
For example, Webaware recently created {{Microsoft screenshot}} out of
his recent research into Microsoft policy. Microsoft screenshots are
still essentially fair use: for our purposes as an educational
website, we can technically use them for free, but because our goal is
also to allow for downstream use in any context, it is definitely
-not- free. What I wonder is if anyone has tried to contact Microsoft
asking for permission to include low-resolution screenshots of their
copyright software and interface in Wikibooks or in Wikimedia
Foundatio projects? How would we even find that out? In particular,
could we (or someone else on our behalf) access the OTRS archives?
-Iamunknown
On 2/16/07, Andrew Whitworth <wknight8111(a)hotmail.com> wrote:
From: Iamunknown <iamunknown(a)gmail.com>
In particular, we should allow very very limited use of non-free
media when it would be practically impossible to use free media -- the
media
used in the European History wikibook comes to mind -- and for small
textual
quotations. What are everyone else's feelings?
it would have to be very very limited, and in that case it would likely be a
few exceptions to the rule as opposed to a rule in and of itself. And
regardless of what we choose to do with fair use media, if the WMF mandates
a position one way or the other, we have to go with that. I doubt highly
that the WMF is going to say "all fair use images must be deleted now", it
is more likely that they will be phased out over a period of time.
Even the fact that fair use images might be hard to replicate doesn't change
the fact that the use of these images is still illegal in most countries.
Books like the European history book are illegal to print and distribute in
much of europe, for instance. I can think of maybe a dozen instances where
fair use images might be indispensible, and in those cases we would have to
create workarounds so the books could be printed without them anyway.
I think the best course of action for us is to disallow new fair use images
from being uploaded, and evaluate the old fair use images, on a case-by-case
basis. Most can likely be deleted (as mistagged and a copyright violation)
many more will likely be duplicatable, and the remainder we can deal with
later.
--Andrew Whitworth