[WikiEN-l] More fair use image overreaching

[Nathan]

Well, since fair use is use in the absence of permission... An author
wouldn't need to do that, necessarily. I suppose if they dangled it and said
"Heeeree it is, take it if you want but I'm *not* giving it to you" that
could come up. But, I can't see that being common.

On Sun, Mar 2, 2008 at 10:50 AM, Eugene van der Pijll <eugene at vanderpijll.nl>
wrote:

> David Gerard schreef:
> > On 02/03/2008, geni <geniice at gmail.com> wrote:
> > >  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.
> >
> > Indeed, because an author cannot violate a copyright they own, and
> > cannot sue themselves for the violation.
>
> I don't agree, the fair use claim may be offered to us: "I have a useful
> picture for article X for wich I hold the copyright; here it is; if you
> want to use it, you (Wikipedia) may do so as fair use."
>
> I think this would make sense legally (if our fair use claim is valid).
>
> On the other hand, in terms of WP policy this is probably never
> acceptable; since we are "in contact" with the copyright holder, there
> is a possibility to get a proper free license from him, and therefore
> the current image is replaceable.
>
> Eugene
>
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