[WikiEN-l] Is fair use a right as well as a defense?

Wily D wilydoppelganger at gmail.com
Mon Sep 10 13:41:31 UTC 2007


For the most part, there seems to be a strong consensus that we should
steer clear of the boundries we could push fair use (or in many of our
cases, such as mine, fair dealing) to.

As an educational resource - there's probably a lot of space - I'll
warn you that I live in a foreign socialist country where we don't
believe in copyrights or suing people, so my advice may not be all
that great.

The issue is - we want to provide a free encyclopaedia for downstream
users, who may be commercial in nature.  How do we be free while still
being an encyclopaedia?  How do we be an encyclopaedia while still be
free?  Tricky ...

WilyD

On 9/10/07, David Gerard <dgerard at gmail.com> wrote:
> I am not a US lawyer, nor is [[Pamela Jones]] of [[Groklaw]]. But
> here's some food for thought:
>
> http://www.groklaw.net/article.php?story=20070907195435565
>
> Despite my personal fondness for slash-and-burning fair abuse on en:wp
> and taking away children's eyecandy, I remain a big fan of fair use,
> because quotation is a necessary part of being able to talk about
> something. [[Golan v. Gonzales]] (that's a red link. Could someone
> please write the article?) is the US 10th Circuit Court of Appeals
> saying it is too.
>
> So what's Wikipedia and Wikimedia's duty to exercise that right in the
> pursuit of educational value?
>
>
> - d.
>
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