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(a)Wikipedia.org
[mailto:wikien-l-bounces@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(a)jdforrester.org
IM (MSN) : jamesdforrester(a)hotmail.com
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