Bryan Derksen wrote:
Pedro Sanchez wrote:
See http://en.wikipedia.org/wiki/Image:Mondrian_CompRYB.jpg is it fair use?
Fair use depends on what specific use it is being put to, so there's no one universal "yes" or "no" answer.
This is exactly why fair use presents us with such difficulties. There are many instances where uses that would likely be recognized as fair use by the courts, are not acceptable as fair use in Wikipedia. This is a matter risk tolerance, and how much of a safety margin some of us feel comfortable with. Naturally, that varies with the individual.
it's used on a bazillion userpages
Fair use of images on user pages is never permitted, in accordance with item number 9 at [http://en.wikipedia.org/wiki/Wikipedia:Fair_use#Policy]. This image appears to be so widespread in userspace because it was in a userbox at [http://en.wikipedia.org/wiki/User:1ne/Userboxes/User_abstractions] so I've removed it from there.
They are never permitted on the English Wikipedia. The rule could be different in the Portuguese Wikipedia.
how about using them in galleries?
http://en.wikipedia.org/w/index.php?title=Abstract_art&diff=100274330&am...
To be valid fair use the article should be about that specific image in some significant way. If there was a paragraph or section of the article addressing it, perhaps - though in that case it would make more sense to have the image presented individually in that paragraph or section. I'd say it's best to assume not when the case is in doubt.
This, of course, reflects the English Wikipedia subset of fair use rules.
Some editors are hypersensitive about this sort of thing. I still can't figure out why the original image of the O RLY? owl isn't fair use in the article [[O RLY?]], but endless battle isn't worth it.
This photo may be in the public domain by abandonment. This would happen when an otherwise copyright item has been widely re-distributed for a long time, and the copyright owner does nothing about it. This photo was taken by a professional wildlife photographer who should have a basic understanding of the rules. He uploaded the photo himself. Is there any record of his complaining about its general use?
This is an argument that I would use with extreme caution. I would define "long time" in this to be at least three years, that being the U.S. statutory limitation period for launching copyright infringement complaints in the courts.
Ec