[WikiEN-l] Getting rid of bad fair use

[Ray Saintonge]

Bryan Derksen wrote:

>Erik Moeller wrote:
>  
>
>>While I respect Brad's opinion very much, we need to be very careful
>>that "because I've spoken to Wikimedia's lawyer about it" does not
>>become equivalent to "end of discussion". The only question is where,
>>and with whom, such discussion should take place. I think wikien-l or
>>DRV are good places to start in most cases.
>>    
>>
>This is the situation I'm getting concerned about here. I don't really
>care about the specific image or its subject myself, I stumbled into
>this completely by chance, but I am a little disturbed by how much
>careful and detailed work went into justifying its inclusion only to be
>trumped with completely unsupported "the artist doesn't like it" and
>"the Foundation lawyer doesn't like it" assertions. How am I supposed to
>know what's valid fair use under these circumstances?
>
I have nothing vested in that image either; I've never even seen it.  I 
very much agree with your analysis.  While we obviously should not be 
allowing every claim of fair use just because the uploader finds it 
convenient.  When an uploader goes to the extent of making a fair use 
analysis, and shows some willingness to accept the consequences of his 
actions that should be worth something.  At least he should have a 
chance to receive a formal takedown order.  There are very very few 
circumstances where these extreme unilateral actions are justifiable.  
Letting them continue without accountability only builds mistrust.

Ec