Shouldn't the policy be reworded to talk about where an exemption doctrine can't be made instead of where one exists. If things that don't have such a doctrine can be deleted, it kills of multiple media for which a fair use rationale can be written if only a chance is given.
Also, what is the effect of the "machine readable format" bit in the text?
Mgm
On 3/27/07, David Gerard dgerard@gmail.com wrote:
http://wikimediafoundation.org/wiki/Resolution:Licensing_policy
[...] Exemption Doctrine Policy (EDP): a project-specific policy, in accordance with United States law and the law of countries where the project content is predominantly accessed (if any), that recognizes the limitations of copyright law (including case law) as applicable to the project, and permits the upload of copyrighted materials that can be legally used in the context of the project, regardless of their licensing status. Examples include: http://en.wikipedia.org/wiki/Wikipedia:Fair_use and http://pl.wikinews.org/wiki/Wikinews:Dozwolony_u%C5%BCytek. [...] In addition, with the exception of Wikimedia Commons, each project community may develop and adopt an EDP. Non-free content used under an EDP must be identified in a machine-readable format so that it can be easily identified by users of the site as well as re-users.
Such EDPs must be minimal. Their use, with limited exception, should be to illustrate historically significant events, to include identifying protected works such as logos, or to complement (within narrow limits) articles about copyrighted contemporary works. An EDP may not allow material where we can reasonably expect someone to upload a freely licensed file for the same purpose, such as is the case for almost all portraits of living notable individuals. Any content used under an EDP must be replaced with a freely licensed work whenever one is available which will serve the same educational purpose.
Media used under EDPs are subject to deletion if they lack an applicable rationale. They must be used only in the context of other freely licensed content.
For the projects which currently have an EDP in place, the following action shall be taken:
As of March 23, 2007, all new media uploaded under unacceptable licenses (as defined above) and lacking an exemption rationale should be deleted, and existing media under such licenses should go through a discussion process where it is determined whether such a rationale exists; if not, they should be deleted as well.
Now then - en:wp does have an EDP in place, so we can't quite Burn All {{fairuse}} yet. But the above does give us room to narrow fair-use abuse sensibly. Particularly for living famous people who are out in public a lot, may I suggest.
- d.
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