[WikiEN-l] Changing fair use tags

[Daniel Mayer]

--- Anthony DiPierro <wikilegal at inbox.org> wrote:

> This is beginning to become somewhat of a significant problem...
> 
> http://en.wikipedia.org/w/index.php?title=Template:Promophoto&diff=25617866&oldid=25553321
> 
> On October 15, someone changed [[Template:Promophoto]] quite
> significantly.  The old text read that "This work is a copyrighted
> promotional photo with a known source [...]"  The new text reads that
> "This work is a copyrighted promotional photograph of a person that is
> '''known''' to have come from a media kit or similar source."
> 
> I can see the reasoning, that works which are not from a media kit or
> similar source are not acceptable.  But I think that changing the text
> of such a template is very dangerous.
> 
> Looking at "what links here", there seem to be several instances of
> tagged images which probably did not come from a media kit or similar
> source.  That is to say, I can't really say for certain that they
> definitely didn't come from a media kit or similar source, but they
> give no indication that they were, and they were tagged before this
> came into play.
> 
> This is bad for oh so many reasons.  I won't get into the legal ones,
> in part because I'm not sure who exactly is to blame, but it should be
> enough reason that someone might come along, see this image, and
> assume that it's part of a press kit, because, well, *it says it is*.

This is indeed very bad for the reasons you give. I think the old wording is better. Also, 'being
part of a press kit' is too high a bar to prove and I'm not sure if 'being part of a press kit' is
well defined enough anyway.  

Just my IANAL 2 cents. 

-- mav

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