[WikiEN-l] Getting rid of bad fair use

[Anthony DiPierro]

On 5/20/06, Philip Welch <wikipedia at philwelch.net> wrote:
> 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.
>
This is very true, and in that case I think an original drawing is
preferable.  After all, an original drawing only copies the essential
facts which must be copied in order to have accuracy.  Using a
professional photo is only appropriate IMO when you are talking about
the photo itself (which is not to say that using the photo is not fair
use, but only that I don't think it's the kind of fair use that should
be used in Wikipedia).

However, this still does require some fair use (or fair dealing or
whatever) because you are copying the *character*, which is itself
copyrighted.

Of course, a text description of the character would *also* require an
argument of fair use (fair dealing, whatever).

Anthony