[WikiEN-l] Creation of user photographs
Peter Mackay
peter.mackay at bigpond.com
Sun May 21 22:02:12 UTC 2006
> From: wikien-l-bounces at Wikipedia.org
> [mailto:wikien-l-bounces at Wikipedia.org] On Behalf Of Arwel Parry
>
> I think we need to apply a modicum of common sense when handling
> copyrights, particularly when determining who is the actual copyright
> holder is inherently indeterminable.
>
> For example, if I had sufficiently bad taste as to upload the primary
> school portrait of me at age 7, taken in 1966, I would consider it
> reasonable for the subject, me, to release the photo under
> GFDL, or PD
> or whatever, as:
> - I have absolutely no idea who took photographs of primary school
> children in Denbighshire, Wales forty years ago,
> - my parents paid good money for that photo (possibly as much as a
> shilling or two),
> - it is highly unlikely that the two unpurchased copies of
> the portrait
> survived more than a couple of years in the photographers' files,
> - the photographer is unlikely to still be in business,
> - I cannot conceive of anyone possibly objecting to the use
> of the photo
> (except on grounds of artistic taste!)
>
> Do you contend that some pictures can never be used in
> Wikipedia under
> any circumstances, even in similar circumstances where the
> theoretical
> copyright holder cannot be traced despite any conceivable amount of
> tracing effort?
In the case you outline, I would suggest fair use. Releasing a photograph to
which you do not hold the copyright into the public domain is morally
indefensible, even if it is a very small sin and you will get away with it.
But fair use to illustrate a user page seems reasonable to me.
Pete, stealing the moral high ground
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