[WikiEN-l] First fair use criterium

Stan Shebs stanshebs at earthlink.net
Tue Dec 5 16:02:58 UTC 2006


Rich Holton wrote:
> MacGyverMagic/Mgm wrote:
>   
>> Public buildings is a clear case, but I think the main problem lies with
>> pictures of people.
>> Unless you want to commit a felony and stalk them, it's pretty much
>> impossible to get non-fair use images for small time actors who don't visit
>> premieres or award ceremonies.
>>
>> Mgm
>>
>>     
>
>
> I admit that I've never tried myself, but it seems to me that most of 
> these people would be eager to release a free photo. Does actual 
> experience prove otherwise? Or has there really not been much of an 
> attempt made?
>   
In fact I can't think of any examples where a small-time actor was 
contacted and said "no". The usual problem is to explain that we want a 
"free license" not just "permission" - very few people understand the 
distinction, and going by some of the answers to our boilerplate 
letters, they didn't read the letter that closely...

The Free Software Foundation solves this for their software by making 
every would-be contributor physically sign two pages of legalese - along 
with a VP of the contributor's employer if it's a computer-related 
company - and keeping all those in a file cabinet. This all seemed like 
a ridiculous procedure until free software started putting proprietary 
companies out of business, now it's a key bulwark against legal attack 
by the remaining companies.

Stan




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