2007/2/22, Gerard Meijssen gerard.meijssen@gmail.com:
Hoi, When material is used with a "Fair Use" argumentation, the license that this material would otherwise be available under is irrelevant. The material could even have a commercial license. The claim of Fair Use trumps any license restriction. When someone wants to re-publish Wikipedia, the same claim of Fair Use should apply. This is why it has to conform to the laws of the US and the local law(s).
You are probably right for republishing, but I don't believe that this is true for making derivative works of Wikipedia. The GFDL-licence of wikipedia, allows to change the material. Well with a fair use image, when it is copyrighted (and not free-licensed), you would not be able to change the material, so therefore the fair use image is not compatible to the GFDL of Wikimedia-projects. Geniice told me on IRC, if I understand correctly, that you might change a copyrighted image (fair use or not) if it is a very small part of the original, like for a parody (under USA-law). But album covers are not part of this.
It is therefore really simple. On its own ND and NC will not be
permitted. Within the limits of the law, there may be an EDP.
So in fact you wouldn't need an EDP at all in my opinion.
Thanks,
GerardM
Thanks as well Londenp