Pedro Sanchez wrote:
Fair use depends on what specific use it is being put to, so there's no
one universal "yes" or "no" answer. However:
it's used on a bazillion userpages
Fair use of images on user pages is never permitted, in accordance with
item number 9 at
[
http://en.wikipedia.org/wiki/Wikipedia:Fair_use#Policy]. This image
appears to be so widespread in userspace because it was in a userbox at
[
http://en.wikipedia.org/wiki/User:1ne/Userboxes/User_abstractions] so
I've removed it from there.
How about
http://en.wikipedia.org/wiki/Image:Piet_Mondrian.jpg
could fair use be argued on that? it wasn't used on Piet Mondrian (and
his works have already been exemplified)
The image appears to have been deleted two days ago so I suppose this
issue is moot.
To be valid fair use the article should be about that specific image in
some significant way. If there was a paragraph or section of the article
addressing it, perhaps - though in that case it would make more sense to
have the image presented individually in that paragraph or section. I'd
say it's best to assume not when the case is in doubt.
Some editors are hypersensitive about this sort of thing. I still can't
figure out why the original image of the O RLY? owl isn't fair use in
the article [[O RLY?]], but endless battle isn't worth it.
I don't think guernica is allowed on [[Terror
bombing]] under fair use
http://en.wikipedia.org/w/index.php?title=Terror_bombing&diff=prev&…
How about [[Aerial bombing of cities]] ?
Does fair use REALLY cover its use on [[Around the World in 80 Treasures]]
I'd say that [[Terror bombing]] and [[Aerial bombing of cities]] aren't
fair use, since those articles aren't about the painting itself in any
significant way, but that a reasonable case could be made for [[Around
the World in 80 Treasures]] since it's used specifically to reference
the painting itself.
I'm not a lawyer, but unfortunately even if I _were_ a lawyer I wouldn't
be able to give any sort of objective yes-or-no answer. As I understand
it the law in this area is subjective and the only way to get a
clear-cut answer on whether something is fair use or not is to actually
go through with a court case over it.
The following pages on the English Wikipedia link to
this file (pages
on other projects are not listed):
* Pablo Picasso
The painting is not extensively discussed, so it's a bit questionable.
But there aren't a lot of other Picasso paintings in the article so it
might be reasonable to keep as an exemplar of his work.
* Spanish Civil War
Mentioned in passing in a single line, not enough to be fair use here IMO.
* Aerial bombing of cities
Mentioned in passing in a single line, and not even by name. Not at all
fair use here.
* Bombing of Guernica
There's a whole section of this article that's about the painting so it
looks fair use to me here.
* Guernica (painting)
If it's fair use anywhere then it's fair use here.
* List of Picasso artworks 1931-1940
As with [[Pablo Picasso]], it's not discussed in any detail but it might
be reasonable to keep it here as an exemplar of his work. It's currently
the only Picasso painting illustrated here.
* Around the World in 80 Treasures
As mentioned above, a case could be made for fair use here but it's a
bit iffy. I expect someone else will probably remove it now that it's
been raised here on the mailing list and I wouldn't spend effort to keep
it in.
* Spanish art
Looks like the full extent of the mention of the painting is this line:
"While Picasso was worried that if he copied Velázquez's painting, it
would be seen only as a copy and not as any sort of unique
representation, he proceeded to do so, and the enormous work—the largest
he had produced since Guernica in 1937—earned a position of relevance in
the Spanish canon of art." This isn't even about the painting itself,
it's about some _other_ painting Picasso did. Not fair use.