[WikiEN-l] More fair use image overreaching

[Brian Salter-Duke]

On Sun, Mar 02, 2008 at 02:20:22AM +0000, geni wrote:
> On 02/03/2008, WJhonson at aol.com <WJhonson at aol.com> wrote:
> >
> >  In a message dated 3/1/2008 5:39:30 P.M. Pacific Standard Time,
> >
> > geniice at gmail.com writes:
> >
> >  The  author is free to release the image under a free license should
> >  they wish  to do so.>>
> >
> >
> >  --
> >
> > Or since we have 200K non-free images, they are also free to cite a  fair-use
> >  critieria.
> 
> Fair use doesn't work like that (okey I admit I'm not totaly certain
> what would happen since no one is yet to take such a monumentally
> stupid case to court). You appear to think that fair use is some magic
> incarnation that can make all your copyright issues go away it does
> not. If fact it makes them worse. Fair use is hard. It is case law
> rather than statute law driven. That means that not only are their
> vast grey areas but there are random islands of black and white in the
> greyness that you are unlikely to know about. On top of that rather a
> lot of it is subject to change without warning.
> 
> Now it is possible to cope with all this but so far you have failed to
> demonstrate the level of knowledge that suggests you could do so.
> 
> Now thats fine. Wikipedia accepts that most people don't know that
> much about copyright law so we work around it. We try and create a
> system people can follow which is where the bureaucracy comes from.
> 
> Claiming fair use on your own work makes no friggin sense (unless you
> no longer hold the copyright) no matter how you try and dodge around
> the point thus we are not going to change policy to white list those
> who try.

Maybe I am one of those people who does not understand this.

If I had an article on WP and I uploaded an image of me and put it on 
my article claiming fair use, what is the problem? First, I am not going 
to sue. Second, it can not then be used by any Tom, Dick or Harry 
anywhere they like, which would have been the case if I had uploaded 
using the GFDL or into the public domain. I can see lots of reasons why 
I might want to do that. 

If this is not possible, how could I achieve this outcome - it goes on
my page with my approval but nowhere else?

I am assuming that fair use is OK in general. I could upload an image
from anyway of a person and put it on their article under fair use,
could I not? Is'nt that one of the criteria for fair use?

> 
> -- 
> geni
> 
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-- 
          Brian Salter-Duke            b_duke at bigpond.net.au  
               [[User:Bduke]]  mainly on en:Wikipedia.
           Also on fr: Wikipedia, Meta-Wiki and Wikiversity