[WikiEN-l] Re: New fair use tag proposal

[Chip Berlet]

For non-profits the "benefit" can be furtherance of the stated mission,
which for many is educational. The benefit to a commercial photographer
might be getting their work and their name out for publicity value and
public exposure. A copyright holder agreeing in advance that a use is
"fair use" would make a subsequent attempt to litigate very difficult to
pursue. A note that a copyrighted image or text is used by permission
and considered "fair use" so long as it is for a non-commercial
educational purpose and properly credited should be an option on
Wikipedia. 

Chip Berlet


> -----Original Message-----
> From: wikien-l-bounces at Wikipedia.org 
> [mailto:wikien-l-bounces at Wikipedia.org] On Behalf Of James D. 
> Forrester
> Sent: Monday, July 11, 2005 5:54 PM
> To: Fastfission; English Wikipedia
> Subject: Re: [WikiEN-l] Re: New fair use tag proposal
> 
> 
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> Fastfission wrote:
> 
> [Snip]
> 
> > Now, if you say ahead of time, "Well, we're not going to 
> sue you" -- 
> > does that change anything? Not really. What if you changed 
> your mind? 
> > You're not bound *not* to sue us (or, put in a less accusatory way: 
> > what if your group was suddenly acquired by someone else 
> who did not 
> > want to honor your previous informal agreement?).
> 
> Indeed; under 'Common Law' (at least in the UK, but I imagine 
> that it is the same or at least very similar in the various 
> districts of the United States), as contracts must have 
> 'benefit' to both parties, thus promises not to sue cannot be 
> contractual terms, merely nice frippery words. They are not 
> legally binding in any way.
> 
> [Snip]
> 
> Yours,
> - --
> James D. Forrester
> Wikimedia : [[W:en:User:Jdforrester|James F.]]
> E-Mail    : james at jdforrester.org
> IM (MSN)  : jamesdforrester at hotmail.com
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