[WikiEN-l] More fair use image overreaching

[Ray Saintonge]

Eugene van der Pijll 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).
>   
Fair use and permission are mutually exclusive.  If a person uses the 
above phrasing, he is effectively granting a licence.  Subsequent usage 
is derived from the licence which has defined it's own "fair use".In 
that instance the "fair use" defined in the statute is no longer relevant.

Ec