[Foundation-l] Clearing up Wikimedia's media licensing policies (some important points)

Kat Walsh kwalsh at wikimedia.org
Thu Feb 8 18:00:14 UTC 2007

On 2/8/07, Marco Chiesa <chiesa.marco at gmail.com> wrote:
> Claudio Mastroianni wrote:
> >There's no way for an italian (or other people from other countries
> >which don't have fair use/dealing) to upload an image "under fair use".
> >The only way to upload these images, is by permission. But permission
> >doesn't mean "You have the right to use it in every way you want":
> >permission means "You can use it in these precise conditions".
> >Then: it's impossible for a "image with permission" to be tagged as
> >"fair use", cause a tag like this would not respect the deal who
> >brought to the permission.
> >
> >I'm not sure if I've been clear.
> >
> >The way permission works is:
> >"Ehy, copyright holder, could we use an image of your *whatever* on
> >Wikipedia?"
> >"Yes, wikipedian. You can use it ON http://it.wikipedia.org, but no
> >printing" (or similar)
> >
> >That's why, if I put a "fair use tag" or permitt another one to use a
> >"fair use tag", the deal is broken.
> >
> >
> Gatto, the point is: an Italian person which will like to reuse that
> media will have to ask the copyright owner: "Hey, I saw this picture on
> Wikipedia, I'd like to use it in Lumacapedia, can I?" An American person
> will be able to use it in Snailpedia and print and sell the Snailpedia
> DVD in the US and some other countries without asking the copyright
> owner. That's it.
> Now, I understand there will be guidelines on what fair use is going to
> be allowed in Wikimedia. I guess a low-res reproduction of Guernica by
> Picasso will be allowed on the articles about Guernica by Picasso, while
> probably a promo photograph of Britney Spears will not be allowed. As
> soon as this is clarified, an Italian user may need to ask permission to
> Picasso's heirs to upload the picture of the painting, and say that
> where it applies the image is used under fair use. Plus you have the
> copyright owner's placet, in case you can't claim fair use.
> As far as the Italian wikipedia is concerned, I think that many images
> we use with permission will qualify for Wikimedia fair use. Coat of arms
> of communes, paintings in the museums of Florence, maybe comics
> characters. For the copyrighted photos of places, well, a free
> alternative is possible, so it doesn't seem unreasonable not to use them.
> Marco (Cruccone)

Ah, good, I was writing a response to that post but it seems better
coming from another Italian. :-)

This is a fair statement, and this sort of discussion is what you
should have on itwiki to determine what you ultimately decide to
allow... it is not perhaps so bad as some are thinking and I don't
know that I am the one to convince you.


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