doc wrote:
Florence Devouard wrote:
this is under cp, with fairuse rationale. (it is orphaned in the main article space of course, Treanna was only famous for us - it is linked in two wp articles),
As I understand it, the policy is clear that 'fair-use' can only be used in the article main-space - since only there can we claim that it is for educational or fair commentary purposes.
Whilst that may seem unfortunate in this case, I'd point out that to allow deviation from that rule would open the floodgates to copyright pictures being used all over userspace - or at least another bout of incessant wikilawyering to try to open the gates. Especially if an exception were made for the WMF chair. We are a free encyclopedia - and that means free.
Bottom line is that this picture is copyright. Morally, there may be no problem with using it - but legally there is (or at least in the strict way we are applying the fair-use exception). Further, since it is not adding to the content of the encyclopedia - I see no real reason for us to bend over backwards to allow some further exception.
The loss of the picture may be a pain....but finding a way to save it will cause all sorts of problems.
Doc
Hmmmm. True. Well, I do believe it is a bit stupid though. There is not even a legal problem really. I doubt the copyright holders of that picture (hmm, parents ?) would complain. They know their son loved Wikipedia, they were happy that he left a legacy there and the picture is at the same time acceptable but of poor quality. If I were just a anthere, I would try to suggest new rules so that every user is allowed ONE non free image of himself on his user page :-) It seems to me there should be room for negotiation on such matters.
But a new policy proposed by the chair would cause all sorts of problems and messes I am not willing to get in. Accusation of favoritism or abuse of authority or all that kinda crap. Forget it.
I'll let him die a little bit a second time.
ant