[WikiEN-l] not sure what I should do

[doc]

Florence Devouard wrote:
> this is under cp,  with fairuse rationale.
> (it is orphaned in the main article space of course, Treanna was only famous 
> for us - it is linked in two wp articles),

As I understand it, the policy is clear that 'fair-use' can only be used 
in the article main-space - since only there can we claim that it is for 
educational or fair commentary purposes.

Whilst that may seem unfortunate in this case, I'd point out that to 
allow deviation from that rule would open the floodgates to copyright 
pictures being used all over userspace - or at least another bout of 
incessant wikilawyering to try to open the gates. Especially if an 
exception were made for the WMF chair. We are a free encyclopedia - and 
that means free.

Bottom line is that this picture is copyright. Morally, there may be no 
problem with using it - but legally there is (or at least in the strict 
way we are applying the fair-use exception). Further, since it is not 
adding to the content of the encyclopedia - I see no real reason for us 
to bend over backwards to allow some further exception.

The loss of the picture may be a pain....but finding a way to save it 
will cause all sorts of problems.

Doc