2007/2/22, Gerard Meijssen <gerard.meijssen(a)gmail.com>om>:
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
So in fact you wouldn't need an EDP at all in my opinion.
Thanks as well