[Foundation-l] Re: Copyright complaints

[Michael Snow]

sannse wrote:

> Michael Snow wrote:
>
>> Dealing with fair use images is slightly different from normal 
>> copyright problems, I would think. Since the fairness depends on the 
>> type of use, it ought to be sorted out where the image is being used. 
>> If there's an inappropriate claim of fair use somewhere, remove the 
>> image from the article (or user page, as the case may be). Acting 
>> unilaterally in that regard is just being bold, doesn't require 
>> adminship, and is not something to punish unless you have an edit war 
>> about it.
>>
>> If the removal of the image holds, then the rest is really quite 
>> simple. Once the image is an orphan, there is no longer any basis for 
>> a fair use claim, and it can be deleted using the normal processes. 
>> No need to punish anyone for unilateral action.
>>
>> --Michael Snow
>
> I guess you haven't seen the recent flaps and fracas over fair-use 
> images on user pages.  Removing them is highly likely to cause an edit 
> war, with a lot of people under the firm impression that "fair use" 
> means "I can use it because it's pretty".

Actually, I'm aware of this, and it's a big reason why I recently argued 
on another of our lists that people should be more assertive about 
editing the user pages of others.

> The sides are sharply divided and are not likely to come to any happy 
> resolution any time soon - unless there is a clear statement from 
> someone appropriate as to what we should do in such cases.
>
> 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.

The problem with this solution is twofold. The first issue is that just 
in terms of the legal analysis, it's difficult to make such categorical 
statements about fair use without knowing the nature of the particular 
use. The second follows somewhat from the first, in that I'm skeptical 
that such a statement from me alone would accomplish this. For now, a 
policy declaration of this nature probably still needs to come from Jimmy.

There are also other principles in play here. One is that Wikipedia is 
here to write an encyclopedia; another is that we are not here to 
provide free personal web hosting. Fair use images on user pages have no 
connection to the first principle, and violate the second. Between that 
and the legal issues, I certainly do recommend having a policy that fair 
use images generally should not appear on user pages. And I'm sure that 
people would have the good sense to recognize the rare exception when an 
image is, say, part of a draft encyclopedia article being worked on 
temporarily in user space. But I can't force people to adopt my 
recommendation.

--Michael Snow