[Wikipedia-l] 4 factor fair use test

[Ray Saintonge]

Jimmy Wales wrote:

>jansson at gmx.net wrote:
>
>>>1.  What is the character of the use?
>>>
>>>Our use is nonprofit and educational.  Because the photo of the artwork
>>>would
>>>naturally be accompanied by an article about the artwork, our use is
>>>criticism
>>>and commentary.  Notice that even commercial use can be o.k., if the use
>>>is
>>>generally educational, commentary, criticism.
>>>
>>I thought as a part of the article the image would have to be GNU FDL
>>compatible. But these demands don't sound like they would be.
>>
>
>You raise an interesting question.
>
>Suppose I go out and take a photo of a copyrighted art work, and put
>it on the wikipedia.  Our use falls pretty clearly under 'fair use'.
>I release *my work* under the GNU FDL.  This means that *my copyright
>interest* in the photo is licensed to others under the GNU FDL.  This
>does not imply that I am licensing the underlying artwork.
>
>--Jimbo
>
I think it's also important to remember that the thumbnail is a low 
resolution reproduction of the picture.  It strikes me that it would be 
technically impossible to use that to recreate a high resolution image.

Eclecticology