Well, since fair use is use in the absence of permission... An author wouldn't need to do that, necessarily. I suppose if they dangled it and said "Heeeree it is, take it if you want but I'm *not* giving it to you" that could come up. But, I can't see that being common.
On Sun, Mar 2, 2008 at 10:50 AM, Eugene van der Pijll eugene@vanderpijll.nl wrote:
David Gerard schreef:
On 02/03/2008, geni geniice@gmail.com wrote:
Claiming fair use on your own work makes no friggin sense (unless you no longer hold the copyright) no matter how you try and dodge around the point thus we are not going to change policy to white list those who try.
Indeed, because an author cannot violate a copyright they own, and cannot sue themselves for the violation.
I don't agree, the fair use claim may be offered to us: "I have a useful picture for article X for wich I hold the copyright; here it is; if you want to use it, you (Wikipedia) may do so as fair use."
I think this would make sense legally (if our fair use claim is valid).
On the other hand, in terms of WP policy this is probably never acceptable; since we are "in contact" with the copyright holder, there is a possibility to get a proper free license from him, and therefore the current image is replaceable.
Eugene
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