[Foundation-l] Re: Copyright issues...walking on thin ice

[Jimmy (Jimbo) Wales]

Andre Engels wrote:
> The real problem is not with putting them into Wikipedia, but with putting 
> them under the GNU/FDL license. Putting pictures into Wikipedia under fair 
> use will be okay if not done too extensively, provided we use relatively 
> low-resolution and specify the maker. But Wikipedia is not just a webpage, 
> it is a document under the GNU/FDL. Which means people may make derived 
> works and publish those. What if someone takes a Wikipedia page, and makes 
> a derived work from it by removing all but the copyrighted picture, then 
> publishes that under the GNU/FDL. We are currently permitting them to do 
> so. But we can't.

This is a common misperception, and one that I want to combat every
chance that I get.  It is perfectly fine to aggregate independent
works under clause 7 of the GNU FDL.  The sort of aggregation that is
contemplated by the license is *precisely* of the sort that we do.

I have a very high comfort level on this point.  There are certain
ways in which some fair use images will be problematic.  But the idea
that if a page is GNU FDL, it may not be aggregated with independent
works that aren't also under the GNU FDL is simply wrong.

It would be perfectly fine *under the terms of the license* for us to
put any sort of image in an article, for example, images that are
licensed solely to us, or images that the Foundation itself owns
(works for hire, say) and simply publishes under default copyright.

I have asked this question of prominent and knowledgeable people, and
they have assured me that there is no conflict between GNU FDL and
fair use.  (They actually treated my question with some amusement.)

--Jimbo