Michael Snow wrote: Sorry but fair use exists outside the concept of copyright and thus a fair use but otherwise non-FDL image in an article can no more become copyrighted under the GNU FDL than a quote in the same article can (fair use is essentially a grant into a type of public domain for limited uses). In short, no license can affect whether or not something is fair to use since it is the *use*, not the license terms, that determine fairness. Fair use heavily depends on *use* - illustrating an article would be fine in many cases (same as using a quote in the text of the article), but once you strip the article away then the use has changed and the photo (and quote in the case of text) could not be used in many cases since its use would no longer be fair. We just need to tag images used under the various types of fair use. Stuff that would be fair use for non-commercial and commercial downstream users should have one tag and stuff that would be fair use for non-commercial use but not downstream commercial users should have a different tag. We could then make things easy for commercial downstream users by offering a different download dump. IMO, that should be of the printable versions of articles - which would automatically not display images marked with the second, more restrictive, fair use tag (nor would the images be in the dump). Printable versions of articles also already have the GNU copyright info and link-back to the Wikipedia article. Also remember this (from http://en.wikipedia.org/wiki/Fair_use ) In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-- (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. Everybody should also read [[Kelly v. Arriba Soft Corporation]] http://en.wikipedia.org/wiki/Kelly_v._Arriba_Soft_Corporation In that case the Court ruled that the displaying of thumbnails by a search engine was fair use. This, even though the use was commercial and really wasn't educational (at least not nearly as educational as using an image to illustrate an article). It was also substantial in regards the amount of work used (but not substantial in relation to the quality of images served - since they were only thumbnails). So there may be only a handfull of fair use images that we use that would not also be fair use for commercial downstream users (assuming they use the images the way we do - to illustrate articles). --mav __________________________________ Do you Yahoo!? Yahoo! Mail SpamGuard - Read only the mail you want. http://antispam.yahoo.com/tools