On 10/20/05, geni geniice@gmail.com wrote:
On 10/20/05, Anthony DiPierro wikispam@inbox.org wrote:
But none of this should be necessary simply to remove the image from the article(s), and in my opinion that's much more important than deleting
the
image from the site, especially for cases which might not be a copyright violation and for which the copyright holder isn't yelling at us to
remove
the image. That's just my opinion, though. Anthony
But that makes any fair use claim even weaker (ok that is exactly the reason why I remove them from acticles but that is a secondary point).
Not really. The single most important factor for a fair use analysis is the impact of the use on the market for the original, and taking the image out of the article lessens that impact. The other factors aren't really hurt either, because the fact is the reason the image is being kept is in consideration for being used in an article, and that reason is just as good as actually using it in the article. I think it's also important to realize that there isn't really a serious legal threat to keeping these images around. OCILLA would protect Wikimedia in this case, and even moreso as the image is merely being kept around temporarily while its fate is decided. It's important that we remember why we're removing these images in the first place - it's because Wikipedia is a free encyclopedia - not because there's a serious legal threat involved. In my opinion even images on user pages should be given a little bit of leeway for this reason. An image which isn't included in any of the articles isn't really in the encyclopedia itself, it's in a temporary workspace which we use to create an encyclopedia.
--
geni
Anthony