On 02/03/2008, WJhonson(a)aol.com <WJhonson(a)aol.com> wrote: Fair use doesn't work like that (okey I admit I'm not totaly certain what would happen since no one is yet to take such a monumentally stupid case to court). You appear to think that fair use is some magic incarnation that can make all your copyright issues go away it does not. If fact it makes them worse. Fair use is hard. It is case law rather than statute law driven. That means that not only are their vast grey areas but there are random islands of black and white in the greyness that you are unlikely to know about. On top of that rather a lot of it is subject to change without warning. Now it is possible to cope with all this but so far you have failed to demonstrate the level of knowledge that suggests you could do so. Now thats fine. Wikipedia accepts that most people don't know that much about copyright law so we work around it. We try and create a system people can follow which is where the bureaucracy comes from. 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.

-- geni _______________________________________________ WikiEN-l mailing list WikiEN-l(a)lists.wikimedia.org To unsubscribe from this mailing list, visit: https://lists.wikimedia.org/mailman/listinfo/wikien-l

On 02/03/2008, Brian Salter-Duke <b_duke(a)bigpond.net.au> wrote: You get knocked down and killed by a bus tomorrow. Will whoever inherits sue? Secondly I don't believe you. I think you will sue when someone creates what you think is a derivative work such as say modifying the article you put it in. Trust but verify and in this case I can't verify. So can I. However you are on the wrong project. Geocities is that way. By starting your own website or using the free web host of your choice. Fails wikipedia's replaceability test and in any case would likely be considered a rather weak fair use case by the courts.

-- geni

Again - fair use implies you are utilizing a specific legal doctrine in order to justify using someone elses copyrighted work. If its your own copyrighted work, then fair use doesn't apply to uses that you specifically authorize.

Nathan

Brian Salter-Duke wrote: By "my picture" I presume you mean one of you rather than by you. We had some time back the case of a user who had himself photographed in front of a major European tourist attraction. IIRC some people were claiming that he should have gotten permission from the convenient passerby who actually snapped the shot before he put the picture online. Since it was a picture of him it was obvious that he did not take it himself. :-(

Ec

On Sat, Mar 01, 2008 at 11:54:59PM -0800, Ray Saintonge wrote: Sure you can take a picture of yourself with timing devices on a camera. I understand the point above but this is not it. Also what about my wife takes the picture and then hands over all rights to me?

On 3/2/08, Ray Saintonge <saintonge(a)telus.net> wrote:

> By "my picture" I presume you mean one of you rather than by you. We had > some time back the case of a user who had himself photographed in front > of a major European tourist attraction. IIRC some people were claiming > that he should have gotten permission from the convenient passerby who > actually snapped the shot before he put the picture online. Since it > was a picture of him it was obvious that he did not take it himself. :-(

Now that's "wikilawyering".

Fair use doesn't work like that (okey I admit I'm not totaly certain what would happen since no one is yet to take such a monumentally stupid case to court). You appear to think that fair use is some magic incarnation that can make all your copyright issues go away it does not. If fact it makes them worse. Fair use is hard. It is case law rather than statute law driven. That means that not only are their vast grey areas but there are random islands of black and white in the greyness that you are unlikely to know about. On top of that rather a lot of it is subject to change without warning.

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.

David Gerard schreef: 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 _______________________________________________ WikiEN-l mailing list WikiEN-l(a)lists.wikimedia.org To unsubscribe from this mailing list, visit: https://lists.wikimedia.org/mailman/listinfo/wikien-l