[WikiEN-l] Next step in "fair use" cleanup?

[KWH]

On 3/23/06, "Matt Brown" <morven at gmail.com> wrote:
> On 3/23/06, jkelly at fas.harvard.edu <jkelly at fas.harvard.edu> wrote:
> >   I think that this is largely true.  My suggestion was meant to be more
> > conservative, in that it would only expedite deletion of media where we are
> > saying "This is fair use", and it is being used in an article, but we have no
> > rationale whatsoever.
>
> Fair enough.  Is it required that the original uploader provide the
> fair use rationale, or can someone else?  If we require the original
> uploader, that might be a problem.  If you're not the original
> uploader, but provide a rationale, are you thereby assuming
> responsibility for a copyright lawsuit?
>
> -Matt

I've done a bit of thinking on this, and I believe that whoever
includes the image tag in the article would be responsible for
preparing a work containing the fair use material. If User A uploads
the image, B puts it in the article, and then C breezes by and puts a
fair use justification, then B would probably be responsible; but if D
comes by and corrects a typo in the article and leaves the image tag
in, then D could become responsible.

But this is all hopelessly speculative. My opinion is that the purpose
that the source, tag, and fair use justification serve is allowing
downstream consumers of the image database (future editors and also
those who download the wikipedia database to build fork sites) to make
a solid determination of whether they want to include the image in
their work. It's a form of "rights clearance" database.

Legal arguments about the fair use rationale are hopeless. Any lawyer
qualified to give advice on the matter would not give it for free on
the Internet without that famous disclaimer, "this does not constitute
legal advice, contact a licensed professional...", q.v.
[[Wikipedia:Legal disclaimer]]. I think my own opinion is pretty good
just as an average US citizen with an interest in the law, but I won't
bore anyone with it unless upon request. Therefore the bottom line is
anyone who's concerned about themselves should talk to a lawyer about
their specific case.

The decision is quite simply: "if I decide to take this article and
edit it, and there is an image included in the previous version, do I
want to include it in my version? Do I feel comfortable with the
source and fair use justification? Would I feel better if I removed or
replaced it, and why?" Life's much easier when you consider it in that
light.

[[User:Kwh]]