[WikiEN-l] Getting rid of bad fair use

[Fastfission]

On 5/19/06, geni <geniice at gmail.com> wrote:
> On 5/19/06, Steve Bennett <stevagewp at gmail.com> wrote:
> > I think what is meant is that the O RLY owl (O RLY stamped over a picture of
> > an owl taken by someone else) infringed on the copyright of the original owl
> > photographer. And since we weren't doing anything fair-use-wise with respect
> > to that original photo, we were infringing on their copyright as well.
> >
>
>
> Sure we are not useing it for critical comment of the original image
> but there are other posible fair use rationals around for example:
>
> http://images.google.co.uk/images?q=O%20RLY&ie=utf-8&oe=utf-8&sa=N&tab=wi
>
> Is generaly considered to be fair use.

Yes, but Google feels safe in this because there is a specific case
which says that tiny tiny thumbnails for the purposes of search
engines is definitely fair use. (Kelly v. Arriba Soft) Which can give
some guideline about other potential fair use claims, but it not
necessarily analogous to our usage of it (it is just as easy to find
claims to difference in this case as it is to claims of similarity).

FF