[WikiEN-l] Re: Fair use images on user pages and enforcement

[Justin Cormack]

On 18 Jan 2006, at 14:55, Fastfission wrote:

> I'm not sure about this. If it is fair use in one instance, it  
> should be
> fair use in all instances. I don't think there is a legal  
> difference between
> having one fair use magazine cover and having 200, providing each  
> use meets
> the fair use standards. In cases where multiple-sources from a single
> copyright holder were held not to be fair use (i.e. Twin Peaks) it was
> because the sum collection of the uses really did take away from  
> the use of
> the original source (i.e. was basically a detailed plot abridgment  
> and could
> be read without watching the shows). I don't think that's the same  
> thing as
> using a large number of completely separate magazine or DVD covers. At
> least, that's my understanding of it.

Copying will always be considered by the court __as a whole__. Thats  
very clear.

With magazine covers, if we had say downloaded (made up example; I  
havent
looked into where they came from) the Official Playboy Magazine Cover  
website
and stuck them all in wikipedia then we would be liable - we would be  
taking
advertising revenue from their website thus causing damages.  
Regardless of
the amount of important critical commentary we make on them.

CD covers even in thumbnail form now have commercial value en masse, for
marketing purposes.

Of course there isnt much case law yet, anything could happen. IANAL. I
expect we shall hear from a lawyer soon.

Justinc