I have a fair use/copyright question for you all.
This template: http://en.wikipedia.org/wiki/Template:User_Safe_Sex
Contains this image: http://en.wikipedia.org/wiki/Image:Condoms_by_Morrhigan.jpg
with this copyright status: *This image appears to have come from the stock xchng http://sxc.hu/website. Although many uploaders to stock.xchng wish their work to be effectively public domain, many others believe their work is only available under terms similar to the cc-nc http://creativecommons.org/licenses/cc-nc/ or sampling+http://creativecommons.org/licenses/sampling+/licenses.The stock xchng boilerplace license included with every image contains terms which are unacceptable on Wikipedia.*
[image: Warning]http://en.wikipedia.org/wiki/Image:Nuvola_apps_important.svg *Contact the copyright holder of this image and determine the actual copyright status of this work*. Add {{contacthttp://en.wikipedia.org/wiki/Template:Contact|~~~~}} above the sxc-warning to prevent the copyright holder from being flooded with requests. It is preferred that you have them email their reply to a boilerplate request for permissionhttp://en.wikipedia.org/wiki/Wikipedia:Boilerplate_request_for_permissionto permissions@wikimedia.org. Alternatively you can include their reply on the image talk page. It would also be beneficial to invite them to contribute other artwork to Wikipedia. The reply must explicitly indicate that derivative works, and wholesale redistribution of the work for any purpose, commercial or otherwise is permitted to anyone. Once a clear grant under a free license is available, please move this image to the commons. *If the copyright holder is not contacted, this image will eventually be deleted.*
- *DO NOT* REMOVE THIS WARNING UNTIL THE COPYRIGHT HOLDER IS CONTACTED. - *Do* remove this warning once they have been contacted and obtained a free license.
*The SXC license http://www.sxc.hu/txt/license.html is:* ------------------------------
All Images on the Website are copyrighted and they are the properties of SXC or its Image providers. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement and the restrictions specified at each Image.
We hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement and on the Image preview page FREE OF CHARGE.
*You may use the Image*
- In digital format on websites, multimedia presentations, broadcast film and video, cell phones. - In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc. - Along with your corporate identity on business cards, letterhead, etc. - To decorate your home, your office or any public place.
*You may not use the Image*
- For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures. - To endorse products and services if it depicts a person. - In a way that can give a bad name to SXC or the person(s) depicted on the Image. - As part of a trademark, service mark or logo. - SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!
*Always ask permission from the photographer if you want to use the Image*
- In website templates that You intend to sell or distribute. - For creating printed reproductions that You intend to sell. - On "print on demand" items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress), or on any similar mass produced item that would contain the Image in a dominant way.
*Information on rights*
Since SXC does NOT require a written Model Release for each Image that has identifiable people on it, We cannot guarantee that you will be able to use the Image for any purpose You like. Also, if there is a model release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it.
Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. SXC does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the Image.
You acknowledge that by your download the ownership of Image does not get transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work You create with the Image must be used either by yourself or by your client. You warrant that You do your best to prevent third parties from duplicating the Image.
You also agree to take the time to comment on and rate the Image you downloaded and do your best to show the work you created with the Image to the photographer. This is a simple thing and means a lot to many of our contributors who simply would like to know how their work is used.
Is this acceptable to put on user pages within copyright laws?