[Foundation-l] Fair use images

[W. Guy Finley]

On 3/13/06 1:56 AM, "Ray Saintonge" <saintonge at telus.net> wrote:
>> You put the blatant copyvio image up for
>> IFD and the uploader objects, no one else votes (because IFD is already full
>> of scores of copyvio images already, who wants to go and review them all
>> every day to vote on IFD) and the thing gets kept.
>> 
> Why should it be a voting matter?  My argument was to provide adequate
> time for uploaders to respond, not to make a presumption that their
> efforts  are correct.  If within that adequate time they can do not
> bettter than a lame "It's cool" kind of argument they shouldn't depend
> on a vote to save them.
> 

Nope, I agree totally but that's the procedure now.  When I deviated from
that I endured an assault from several editors and even an admin for
deleting images "out of process".


>> Even better, there are many editors who think that citing a website that is
>> a repository of copyvio and unlicensed images qualifies as the image's
>> source, it does not.
>> 
> Agreed.
> 
>> Asserting "fair use" of an image is a nuanced legal concept that many
>> editors cannot grasp so I feel something is needed to help rectify the
>> situation.
>> 
> The nuances are not always easy to grasp, and there is no consistency in
> legal interpretations by the courts.  I'm very much in favour of using
> fair use material, but it must be real fair use.
> 
> Ec

Totally agree again -- it's a tough issue even for lawyers.  I was thinking
the best solution is to come up with a Fair Use review panel, made up of a
lawyer or two if we can get one, a couple of well respected editors and
maybe even someone to represent the Foundation since it's protecting the
Foundation from exposure to liability that is the heart of all of this.
This panel would regularly review Fair Use policy and disputes in an effort
to maintain a coherent position on them.  Just my initial thought on it.

--Guy  (EN User:Wgfinley)