[WikiEN-l] Getting rid of bad fair use

[Philip Welch]

On May 20, 2006, at 3:27 PM, Stan Shebs wrote:

>> It seems like the "only accept canon depictions" is the rule to go,
>> since it seems silly and arbitrary, and in any case, far less
>> important than "only use free content". Artist depictions would be
>> appropriate in this case, just like almost any other case where we
>> only have fair use images to use.
>>
> Doesn't get you off the hook though, since an artist's depiction is
> a derivative work. In fact, the more accurate the depiction, the more
> of a copyright infringement it is. So you end up making a choice
> between accuracy and freeness.

Only if the artist chooses to reproduce one photograph or still.

If the artists references multiple photographs and produces an image  
of Han Solo where Han is standing in a pose different from any of the  
photographs, or in a different or neutral setting, then it's not a  
derivative work of any one photograph.

-- 
Philip L. Welch
http://en.wikipedia.org/wiki/User:Philwelch