[Foundation-l] Asking for clarification of licensing policy resolution

Marco Chiesa chiesa.marco at gmail.com
Tue Jun 26 14:05:05 UTC 2007

on the Italian wikipedia we had the same problem, since the Italian Law 
does not really allow fair use as in US law to Wikipedia (it is 
generally ok for personal or press use). Therefore we wrote our EDP 
requiring that the image fulfills the requirements in the policy 
(non-replaceable with a free one, use only in ns-0) and, in the cases 
where Italian law does not help us, that we have a permission to use 
that image or the image is available with some of not-free-enough 
licenses (i.e. the copyright owner has implicitly allowed us to use the 


Tisza Gergő wrote:

>The resolution about the Wikimedia licensing policy (
>http://wikimediafoundation.org/wiki/Resolution:Licensing_policy )
>states that an EDP should be "in accordance with United States law and
>the law of countries where the project content is predominantly
>accessed".  If I recall correctly, one of the aims of the resolution
>was to forbid media that is "not free enough" for fair use, such as
>noncommercial and Wikipedia-only licenses. I can't find this
>requirement, however, in the resolution: using an image with a
>Wikipedia-specific permission on Wikipedia is certainly in accordance
>with the law
>of any country, even if one can't claim fair use on the image. What is
>the position of the Foundation in the following two cases?
>1. Using an image that is not adequate for fair use, with a non-free
>license that makes it legal to use the image in Wikipedia.
>2. Using an image with a non-free license, when the image is adequate
>for fair use (according to US laws), but it is not adequate for the
>local version of fair use
>(meaning that it would be legal due to fair use to set up a mirror or
>publish a printed version of the wiki in the US, and use the image
>there, but it would be illegal to do the same in the country where the
>project content is predominantly accessed).
>Note that in some countries, there is no equivalent of fair use, so
>virtually all non-free content would fall in one of these categories.
>(This is the case with the Hungarian Wikipedia, where we are trying to
>draft an EDP, and ran into this problem.)
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