On 5/18/06, Bryan Derksen <bryan.derksen(a)shaw.ca> wrote:
Steve Bennett wrote:
I think I should learn more about 'fair
use' - it could be quite
interesting. I've wondered, for example, whether it's legitimate to use the
cover of an autobiography (incorporating the subject's face) as the main
image of an article about the person, when the book itself is discussed in
passing in the text.
The one I'd like to hear answered myself is whether the desires of the
copyright holder have any bearing on whether an image can be fairly used
- I ran into this issue on
<http://en.wikipedia.org/wiki/Image_talk:Orly.jpg>, wherein an image
that (as far as I can tell) meets fair use criteria for the context in
which it was being used was deleted because the copyright holder
apparently complained about it.
If the copyright holder approves of the use, then fair use is
unnecessary. In all fair use cases ever heard by a court, the
copyright holder objects to the use.
IOW, no, the desires of the copyright holder have no bearing on
whether an image can be fairly used, because the fair use defense
presumes that the copyright holder objects to the use.
I'm not a lawyer, but this seems like pretty simple logic to me...