jansson(a)gmx.net wrote:
1. 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