Or look at this case I just wandered across today
_http://en.wikipedia.org/w/index.php?title=Ben_Patrick_Johnson&diff=1881223…
oldid=188120374_
(http://en.wikipedia.org/w/index.php?title=Ben_Patrick_Johnson&diff=18812232…)
It should be fairly obvious that the *author* of a work, is trying to
display a picture of that work.
This man is, in fact the author.
It was speedy-deleted for "invalid fair-use" ?
Excuse me?
That's awfully tendentious editing.
"He was notified 48 hours ago..."
I suppose no one noticed that he hasn't in fact been editing for a month.
Supreme silliness.
But even this example, I'm sure will get reactions of the person "was just
doing their job."
I suppose it's too hard to just edit the fair use rationale to say the
author of the work can certainly display their own work if they want.
Will Johnson
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In a message dated 3/1/2008 6:44:08 P.M. Pacific Standard Time,
geniice(a)gmail.com writes:
Fails wikipedia's replaceability test and in any case would likely be
considered a rather weak fair use case by the courts.>>
----
Geni your argument shows a tendency to wiki-lawyer.
We know you are not a lawyer, let's not get into what the courts will or
won't say.
Thanks
Will Johnson
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In a message dated 3/1/2008 6:20:58 P.M. Pacific Standard Time,
geniice(a)gmail.com writes:
Claiming fair use on your own work makes no friggin sense (unless you
no longer hold the copyright) no matter how you try and dodge around
the point thus we are not going to change policy to white list those
who try.>>
-------
And I have never taken this position.
By the way, ad hominem attacks make your position look weak. Please stop.
Address my argument. Thanks.
Will Johnson
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In a message dated 3/2/2008 12:01:05 A.M. Pacific Standard Time,
toddmallen(a)gmail.com writes:
In the meantime, if we have free content, we
don't replace it with nonfree, even if the nonfree is prettier.>>
----
And when we don't have free content?
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In a message dated 3/1/2008 8:42:28 P.M. Pacific Standard Time,
nawrich(a)gmail.com writes:
Again - fair use implies you are utilizing a specific legal doctrine in
order to justify using someone elses copyrighted work. If its your own
copyrighted work, then fair use doesn't apply to uses that you specifically
authorize.>>
-----------------
Can you provide a source to back up this assertion?
Thanks
Will Johnson
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In a message dated 3/1/2008 6:14:03 P.M. Pacific Standard Time,
nawrich(a)gmail.com writes:
You seem to think fair use is a blanket excuse for using non-free content.
Under the law, you might be correct. Under the WMF rules for EDPs, and the
en.Wikipedia EDP... That is wrong. Its wrong now, its been wrong for awhile,
and it will continue to be wrong for awhile longer. If you disagree, try to
get the policy changed. Arguing that the policy is something other than what
it actually is... Well, its a waste of your time and ours.>>
------
Mis-characterizing my position doesn't allow any position from which to
argue. So I'll just say that
I have never argued *against* the policy. It's a false dichotomy to say
"This follows policy" or "This is against policy". It's the fallacy of the
excluded middle. There are many things which neither follow nor or against
policy.
Will Johnson
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In a message dated 3/1/2008 5:17:34 P.M. Pacific Standard Time,
dgerard(a)gmail.com writes:
No, the author can't put up something on Wikipedia as fair-use or
Wikipedia-permission-only, any more than a third party can.
-------
But they can put it up as fair use is the point.
Geni seems to be arguing something like "Why do that? just make it free?"
Which ignores the issue.
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In a message dated 3/1/2008 5:33:08 P.M. Pacific Standard Time,
scs(a)eskimo.com writes:
not because the permission isn't his to
grant, but as David explained, because Wikipedia doesn't want the
image no matter who grants permission.>>
-----
You might believe that but that is not the community consensus.
Which is why we have fair-use.
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In a message dated 3/1/2008 5:25:48 P.M. Pacific Standard Time,
geniice(a)gmail.com writes:
Correct to what? the image has not been released under a free license
thus the only alternative to a fair use claim would be delete.
----
The alternative as we've discussed here just recently would be to correct
the fair-use claim.
That is the most sensible approach instead of removing valid and useful
content for merely beauracratic reasons.
By the way, the deletion page does not state how to retrieve the item. It
was mentioned here that you can retrieve deleted images. I'd like to know how.
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In a message dated 3/1/2008 4:56:40 P.M. Pacific Standard Time,
geniice(a)gmail.com writes:
Certainly but just not under any fair use criteria. If you want to put
your own work on wikipedia you release it under a free license.>>
----
We've been through this already.
There are more ways than free.
Regardless, are you suggesting that an author cannot create any fair-use of
their own work?
Seems like you are.
Wouldn't it seem much more reasonable in this *particular* case for someone
to merely correct it since it's obvious that the author themselves is trying
to add the image to their own article?
Will Johnson
**************Ideas to please picky eaters. Watch video on AOL Living.
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