Fastfission wrote:
Yes, but fair use is a defense, not a right.
It is both a defence and a right. How are they mutually exclusive.
And our policy can only hope to make sure we would have a good defense. But in reality, we don't really want to fight at all -- we've got better things to spend our donations on, and the lack of one image will not sink an encyclopedia (whereas a lawsuit could).
So yes -- you are right on the law, assuming of course that we ended up in court AND won AND the judge agreed with our fair use assertions. But our fair use policy is really trying to be a few rungs above that on the causality chain.
Maybe some individuals don't mind getting into the fight on their own, or they are far from believing that there ever will be such a fight. It's hard to believe that any judge will ever have the opportunity to decide on cases that are based solely on imagination.
Ec