On 6/12/06, Steve Bennett stevagewp@gmail.com wrote:
On 6/12/06, Fastfission fastfission@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
You're confusing Wikipedia's rules as to what types of fair use are acceptable *on Wikipedia*, with the legal principle of fair use.
Fair use does not require that the original is being critiqued, that is merely one way to get one fair use factor to lean in your favor.
I seriously doubt that photo is a copyright infringement, no matter what article it happens to be used in. But I also don't see why it's appropriate *for Wikipedia*, unless we happen to have an article which is discussing the original, or at the very least, the event. (In the case of talking about the event there are probably better drawings which could be made, though.)
Anthony