[WikiEN-l] More fair use image overreaching

[Ray Saintonge]

Brian Salter-Duke wrote:
> On Sat, Mar 01, 2008 at 11:54:59PM -0800, Ray Saintonge wrote:
>   
>>  Brian Salter-Duke wrote:
>>     
>>> On Sat, Mar 01, 2008 at 11:41:54PM -0500, Nathan wrote:
>>>       
>>>> Again - fair use implies you are utilizing a specific legal doctrine in
>>>> order to justify using someone elses copyrighted work. If its your own
>>>> copyrighted work, then fair use doesn't apply to uses that you 
>>>> specifically
>>>> authorize.
>>>>         
>>> This all seems rather odd. I can ask my mate to upload my picture for
>>> my article (if I had one) but I can not do it myself. Duh.
>>>       
>>  By "my picture" I presume you mean one of you rather than by you. We had 
>>  some time back the case of a user who had himself photographed in front of a 
>>  major European tourist attraction.  IIRC some people were claiming that he 
>>  should have gotten permission from the convenient passerby who actually 
>>  snapped the shot before he put the picture online.  Since it was a picture 
>>  of him it was obvious that he did not take it himself. :-(
>>     
> Sure you can take a picture of yourself with timing devices on a camera.
> I understand the point above but this is not it. Also what about my wife
> takes the picture and then hands over all rights to me?
No problem except for the fact that we do have some people who seem to 
go out of their way to find an excuse for not hosting something or 
giving the law the most unfavorable reading they can imagine.  Aside 
from those jurisdictions where a wife is a husband's property, or those 
like France where you cannot abandon your copyrights, you may still be 
required to prove that your wife granted you those rights.  There are 
any number of scenarios that can be imagined to not make things work.  
If, for example you are in a same sex marriage in a country which 
properly recognize this, then move to another country which does not; if 
you then become widowed it is not clear that you would inherit 
copyrights from your partner automatically.

I very much approach law on the basis that you start from a position of 
wanting to accomplish something, and look to see if there is a 
defensible reading of the law to support this. 

Ec