The only complication that I can see in Fair Use James is that it is a US legal clause. The equivalent in Australia is Fair Dealings if I can remember rightly, it is in NZ anyway, and the wording is slightly different. But from what I've seen, Wikimedia seems to abide by US law more than any other law and so Fair Use is probably the way to go. In some countries there is no equivalent law, so this can be a blessing to them. Let's hope the defenders of Fair Use in the US are successful in fending off assaults on the clause. In some ways, Creative Commons contributes to the reduction of posted strength on Fair Use as more and more people may become happy to let that slip while the CC becomes stronger. That would be a shame..

On Tue, Mar 25, 2008 at 1:09 AM, James Neill <lists@wilderdom.com> wrote:
I've found some good reading on this:
http://en.wikiversity.org/wiki/Fair_use (needs improving)
http://en.wikipedia.org/wiki/Wikipedia:Non-free_content

with a meaty discussion at:
http://meta.wikimedia.org/wiki/Avoid_copyright_paranoia

there are 10 policy requirements for fair use:
http://en.wikipedia.org/wiki/Wikipedia:Non-free_content#Policy_2

In my example below, the two images in question may qualify for fair use. I know of no free alternatives to the two images in question. I am making enquiries, but currently don't have the technology/know-how to create alternative free images (this is somewhat debatable - I could, and eventually intend to, create open format, free alternatives). Since they are diagrams, the text is disadvantaged without them. There does not appear to be any commercial disadvantage caused by fair-use of the images since they are available on public URLs.

So, perhaps I could use these images under fair use.

Alternatively, I could approach the authors and request permission. Then usage could be possibly become far more free, which is more desirable. So, I'm wondering, is there a proforma letter which can be adapted for approaching copyright owners for giving permission for free usage of their work?




James Neill wrote:
Here's a specific example, which is prototypical of my situation/needs:

http://en.wikiversity.org/wiki/Exploratory_factor_analysis/Lecture_notes#Conceptual_models

In this section, I would to be able to show three images. At this stage, however, I link to the first two images (because they are from non-free sources) . For the third image I uploaded it to Wiki Commons with CC Attribution (because I created it). However, I have only uploaded a .png and I would like to also upload a .odg version so that others can remix.

Appreciate any advice.


James Neill wrote:
what's the procedure to use if i have an images from unknown sources which i wish to use in wikiversity?

is it simply no go?

or are there particular conditions under which it may be appropriate - i seem to sometimes see images on wikipedia which are tagged to indicate that there is no other option except to use that particular image - how does this work?

feel free to point me to reading - i just want to get clear guidelines in my head

i don't have any specific images in mind - each year i rework teaching materials, i remove a few more proprietary images and add a few more free images, but it is a gradual process to eventually get everything fully free
 

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