I'm glad you liked my link to WP:LAME.
The primary reason we cannot accept "permission" from a company is that permission does not make that image free. (our license and mission means we should maximize free content..., in addition we cannot accept permission for wikimedia only as re-users (legit mirrors) would not have that same permission)
We can use an image under fair use regardless if the publisher allows us to do so or not. That is the point of fair use.
Of the two options you gave, only the first is possible. (remember asking permission means they have to release under an acceptable license, we cannot accept "wikipedia only" permissions because of downstream users). If you think it is a good idea to leave up and see what happens suggest that on commons.
Now I do understand that by asking, you mean asking if putting the image on commons is ok, not if doing so under fair use is ok... However I find it very unlikely that the company that holds the copyrights in this case would permit any free image of spider man.. And they would have to say its ok to have under a free license for it to be on commons.
I hope I make some sense... Feel free to *nicely* tell me if I don't. Cheers!
On 1/18/09, James Farrar james.farrar@gmail.com wrote:
2009/1/19 Ken Arromdee arromdee@rahul.net:
On Sun, 18 Jan 2009, The Cunctator wrote:
I think James's point is that wikilawyers have lost all perspective.
In this case, the image actually may be unusable even under fair use. It's the *real* law which has lost all perspective. We have no choice but to follow it.
Oh, we always have a choice. In this case, one available choice is "do nothing and see if they send us a C&D". Another would be to contact them and ask "is it OK for us to do this?".
But, no. Instead we choose to make Wikipedia a marginally worse place to be involved.
I spend a fun couple of hours reading [[WP:LAME]] (having been sent there by a post on this list) - I'd advise everyone else to visit it while it's still there.
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