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

[Matthew Brown]

On 9/14/07, John Vandenberg <jayvdb at gmail.com> wrote:
> Has there been any effort on English Wikipedia to separate trademarked
> images from the other non-free images, besides the upload logo tag?
>
> For example, the copyright for Krazy Kat appears to have not been
> renewed, however King Features is using trademarks to protect the
> comics.  See [[Image:1937_1107_kkat_brick_500.jpg]].

Note that German Wikipedia appears to often use the German definitions
of trademark and copyright law, in which most simple logos are
non-copyrightable.

It's really hard to tell if an image has fallen out of copyright or
not through non-renewal; I've never gotten a wholly satisfactory
answer about what happens to the copyright of an image only published
as part of a larger work, if one but not all copyrighted works in
which it was published were not renewed.

-Matt