[WikiEN-l] Copyright status of drawings based on photos

[Steve Bennett]

On 6/12/06, Fastfission <fastfission at gmail.com> wrote:
> The full copyright status would, in my opinion, be a very strong "fair
> use" claim regarding the original photograph, and a strong copyright
> claim to the transformative work, which could then be licensed CC-SA
> etc. after that.

How can it be fair use if it's not being critiqued, or in any way
referred to explicitly? The derivative work is simply being used to
illustrate the concept, not the photographer or the photograph.

Steve