[Foundation-l] Fair Use (again)

teun spaans teun.spaans at gmail.com
Tue Jan 30 12:19:19 UTC 2007

Does this imply that an Italian chapter could be sued for fair use images on
the english wiki?
Does this mean that the english wiki could potentially be blocked in Italy
if "fair use" images are of italian origin?

On 1/30/07, Marco Chiesa <chiesa.marco at gmail.com> wrote:
> rfrangi at libero.it wrote:
> >I beg you all, please consider that a considerable part of the
> contributors to Wikimedia projects (and possibly a considerable part of
> people willing to reuse commercially its contents) cannot embrace fair use,
> simply because fair use does not exist in their legislation.
> >
> >And once again, if the point is to stick to the GFDL, fair use contents
> is not compliant.
> >
> >If the ponit is "articles look better with... whatever", some go for fair
> use, some others go for NC images. And even if I don't want neither, I have
> to say that fair use is something decided by the user (possibly wrongly), NC
> is something decided by the author (thus safer from the point of view of a
> legal action).
> >
> >Roberto (Snowdog)
> >
> >
> Just to make an example of how fair use is not allowed in Italy, a
> couple of weeks ago an Italian amateur website about contemporary art
> was sued and forced to pay about 5.000 € because it displayed a few
> photographs of work of arts. The website is non-profit and was using the
> images to illustrate what it was talking about, pretty much in the same
> way that Wikipedia uses fair use images. I guess this would easily
> qualify as fair use in the US, but this is not the case in Italy. The
> article (in Italian, I don't know if English-language press had talked
> about it) is at http://punto-informatico.it/p.aspx?id=1858783&r=PI
> Marco (Cruccone)
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