If we allow fair use of images, which we currently do, we may want to
develop guidelines for what is and what is not a good example for fair
use. Some thoughts:
Good fair use:
- Press/publicity photos. These are typically intended for republication
and it is unlikely that anyone will get in trouble for using them in any
way. Exceptions: Press/publicity photos which have explicit restrictions
on use.
- Screenshots and screen captures: A screenshot, especially one done by
yourself, is usually such a small excerpt from the entire work that fair
use is perfectly applicable. Companies don't make money selling
screenshots. Exceptions: Shots of programs whose primary value is their
graphical content (e.g. clipboard collections) or shots containing clearly
copyrighted commercial artwork.
- Important historical photos: Leader meets leader, building explodes, war
crimes etc. Here the educational purpose is prevalent. Exceptions: Photos
of which we know that their copyright is rigidly enforced.
- Sound/music snippets: There exists a lot of precedent law regarding
this, and many large websites offer short (10-second) snippets of popular
music
Gray area:
- General portrait/celberity photos. Here it is important to at least try
to obtain permission and figure out what the copyright situation is.
- Current news photos. Depends on the importance of the news and the
photo. Again, it should be attempted to obtain permission first.
- Album covers, movie posters. Rule of thumb: If it looks really cool
(nice high resolution photo), it's probably not OK (there are actually
companies that sell these things).
Black area:
- Modern maps. Map producers directly compete with us, and it is generally
hard to see why we should be allowed to take their work for free, just
like we could not simply take the articles from the Encyclopaedia
Britannica.
- Textbook illustrations. See above - this is an active market, and we can
be expected to create our own.
- Photos of famous, non-historical buildings, places etc. - we can shoot
these ourselves.
Of course, pictures in the "black area" can be used if permission can be
obtained.
Regards,
Erik