On 5/18/06, Bryan Derksen bryan.derksen@shaw.ca wrote:
Steve Bennett wrote:
I think I should learn more about 'fair use' - it could be quite interesting. I've wondered, for example, whether it's legitimate to use the cover of an autobiography (incorporating the subject's face) as the main image of an article about the person, when the book itself is discussed in passing in the text.
The one I'd like to hear answered myself is whether the desires of the copyright holder have any bearing on whether an image can be fairly used
- I ran into this issue on
http://en.wikipedia.org/wiki/Image_talk:Orly.jpg, wherein an image that (as far as I can tell) meets fair use criteria for the context in which it was being used was deleted because the copyright holder apparently complained about it.
If the copyright holder approves of the use, then fair use is unnecessary. In all fair use cases ever heard by a court, the copyright holder objects to the use.
IOW, no, the desires of the copyright holder have no bearing on whether an image can be fairly used, because the fair use defense presumes that the copyright holder objects to the use.
I'm not a lawyer, but this seems like pretty simple logic to me...
Anthony