[WikiEN-l] Getting rid of bad fair use

[Anthony DiPierro]

On 5/19/06, Bryan Derksen <bryan.derksen at shaw.ca> wrote:
> Anthony DiPierro wrote:
> > 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...
>
> I thought so too, and another editor who _is_ a lawyer (User:Bobak)
> looked at the situation in a fair bit of detail and agreed with my
> logic. But UninvitedCompany claimed at the end of the deletion review
> entry
> <http://en.wikipedia.org/w/index.php?title=Wikipedia:Deletion_review&oldid=50533958#Image:O_RLY.jpg>
> that the Wikimedia Foundation lawyer had had a look at the situation and
> said it should be deleted.

Please note that I never said it shouldn't be deleted, merely that
fair use applies regardless of whether or not the copyright holder
objects.

Also note that lawyers tend to take the safe route on these types of
things - especially when the benefit of taking chances with the law is
negligible.

Anthony