jansson@gmx.net wrote:
- What is the character of the use?
Our use is nonprofit and educational. Because the photo of the artwork would naturally be accompanied by an article about the artwork, our use is criticism and commentary. Notice that even commercial use can be o.k., if the use is generally educational, commentary, criticism.
I thought as a part of the article the image would have to be GNU FDL compatible. But these demands don't sound like they would be.
You raise an interesting question.
Suppose I go out and take a photo of a copyrighted art work, and put it on the wikipedia. Our use falls pretty clearly under 'fair use'. I release *my work* under the GNU FDL. This means that *my copyright interest* in the photo is licensed to others under the GNU FDL. This does not imply that I am licensing the underlying artwork.
Now suppose someone uses my GNU FDL photo in such a way that it is no longer fair use of the underlying work. Notice that *I* am not imposing additional conditions on the work, but the law is, generally.
I think that's o.k. under the GNU FDL. The end user would not violate *my* copyright (in the photo itself) by using the photo commercially, for example. But they might violate the original artwork copyright.
--Jimbo