[Foundation-l] Re: Copyright complaints

[Robert Scott Horning]

sannse wrote:

> If one of the legal team could say specifically "fair use images are 
> fine on personal user pages" or "fair use images must be removed from 
> personal user pages" then maybe the argument will be over and all the 
> drama will stop.
>
> --sannse

This is a policy decision, not a legal issue.  All the legal teams can 
say is if it is legally permissible for image X to be considered fair 
use in a given context.  As policy, it should either be debated within 
the project community (preferred) or decided by fiat by the Foundation 
board.

The fact that it is very difficult even for the brightest legal minds to 
give you a final answer for many fair-use images should give you a clue 
as to how tricky this area can be.  Fair-use does not grant permission 
to copy an image, just that you are using an image within a legally 
acceptable constraints.

About the only fair-use images that I've seen used properly on Wikipedia 
are the commercial logos on company pages, used in the context of 
describing the company and showing its outward symbol representing that 
company.  Perhaps this is what needs to be done on Wikipedia where 
specific fair use applications are formally accepted and declare all 
other fair use images are considered copyright violations unless a 
specific application has been approved via policy change.

-- 
Robert Scott Horning