[Foundation-l] Fair Use (again)

[Marco Chiesa]

rfrangi at libero.it wrote:

>I beg you all, please consider that a considerable part of the contributors to Wikimedia projects (and possibly a considerable part of people willing to reuse commercially its contents) cannot embrace fair use, simply because fair use does not exist in their legislation.
>
>And once again, if the point is to stick to the GFDL, fair use contents is not compliant.
>
>If the ponit is "articles look better with... whatever", some go for fair use, some others go for NC images. And even if I don't want neither, I have to say that fair use is something decided by the user (possibly wrongly), NC is something decided by the author (thus safer from the point of view of a legal action). 
>
>Roberto (Snowdog)
>  
>
Just to make an example of how fair use is not allowed in Italy, a 
couple of weeks ago an Italian amateur website about contemporary art 
was sued and forced to pay about 5.000 € because it displayed a few 
photographs of work of arts. The website is non-profit and was using the 
images to illustrate what it was talking about, pretty much in the same 
way that Wikipedia uses fair use images. I guess this would easily 
qualify as fair use in the US, but this is not the case in Italy. The 
article (in Italian, I don't know if English-language press had talked 
about it) is at http://punto-informatico.it/p.aspx?id=1858783&r=PI

Marco (Cruccone)