[Wikipedia-l] Questions concerning copyright and fair use

[Jimmy Wales]

Alexander Stephen Bradbury wrote:
> I was wondering whther you have any answers on some copyright
> issue-related questions I have. Such as, in [[The Matrix]] article, can I
> legally add a screen capture from my DVD copy?, how about a small scan of
> the box cover? I can include a FULL cast list can't I? And what about
> computer games, or applications. Can I post screenshots of them? Can I
> reproduce copies of pictures of famous actors and post them under fair use
> (or maybe show a picture of them starring in a movie). Do we have answers
> to any of these questions?
> 
> Thanks,
> ASB [[User:Smelialichu]]

I got email from Lawrence Lessig about this, and the answers are not
really so clear yet.  I'm waiting for him to respond to my latest, but
obviously he's a really busy guy.

I would say:

1.  We need to have a disclaimer on the download page, saying that our
database contains fair use materials, and that although *we* don't
place any further non-GFDL restrictions on what people might do with
those things, they should be sure that *their* use is legal.

2.  A screen capture from a DVD is pretty clearly fair use in our
context, less clearly fair use in other people's context.

3. A small scan of the boxcover is pretty clearly fair use in our
context, less clearly fair use in other people's context.

4.  Full cast lists should pose no problem of any kind.  A simple list
is not subject to copyright anyway, and who starred in a movie is a
_fact_ of the type that can't be protected by copyright.

5.  Pictures of celebrities are questionable.  One of the factors for
fair use is "portion of the work used".  One frame from a film is
pretty obviously a tiny quote from the film.  One photograph by a
photographer, though, is pretty obviously the whole thing.  At least
one court decision, though, protects fair use for thumbnails, which is
how Google can legally have their image search.  (The case is Arriba
v. somebody I forgot).

6.  WE DO NOT HAVE CLEAR GUIDANCE YET ON ANY OF THIS.

--Jimbo