[WikiEN-l] Creation of user photographs

Arwel Parry arwel at cartref.demon.co.uk
Sun May 21 23:13:51 UTC 2006

In message <069f01c67d22$3a1802d0$6400a8c0 at Tiny>, Peter Mackay 
<peter.mackay-bzGI/hKkdgRBDgjK7y7TUQ at public.gmane.org> writes
>> From: wikien-l-bounces-g2DCOkC13y2GglJvpFV4uA at public.gmane.org
>> [mailto:wikien-l-bounces-g2DCOkC13y2GglJvpFV4uA at public.gmane.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.

But the problem with that is that we have no remotely appropriate fair 
use entry in the licensing field on the upload page! I wonder how long 
an image tagged "Found the image somewhere" would survive...!

Arwel Parry

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