[Foundation-l] precisions about the recent WMF "fair use" decision
Robert Scott Horning
robert_horning at netzero.net
Fri Feb 9 02:28:17 UTC 2007
Delirium wrote:
>Robert Scott Horning wrote:
>
>
>>To me, reproductions of 2D art,
>>especially when it is the entire artwork that is reproduced even in
>>reduced resolution, essentially reproduced the entire artwork. The only
>>legitimate "fair-use" example I have seen for this that has been
>>accepted in U.S. common law is for a thumbnail gallery, such as is done
>>on google images. And even then it is to provide a link to content that
>>appears elsewhere that is legal to use. Usage of this kind of content
>>in a Wikipedia article just doesn't seem to fit the same sort of
>>criteria, and requires multiple clicks to get to the "original" image
>>and information about the actual copyright owner of the photo.
>>
>>
>>
>
>Reproducing artwork and other cultural artifacts for scholarly
>commentary is pretty well established, and is done literally thousands
>of times per year in academic journals. Heck, a recent journal article
>I read [http://gamestudies.org/0601/articles/montfort] even reproduced
>the entire source code of the 1977 Atari game _Combat_ as part of its
>commentary. It's not as if this is some sort of amazing new use that
>we're the first to discover.
>
>-Mark
>
>
I've asked before, but are there any publications of the scale of
Wikipedia that acutally use fair-use artwork? In nearly every instance
I find licensed images instead, including several that have been offered
today on the various talk pages of Wikipedia that were referencing
Encyclopedia Britannica. I don't see fair use being used to this extent
at all in major publications, even textbooks about artwork.
--
Robert Scott Horning
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