[Wikipedia-l] Re: [Wikitech-l] Re: Fair use

[Jimmy Wales]

Axel Boldt wrote:
> I guess that's what it all comes down to. Here's how I would try to
> convince a non-technical judge of my interpretation: "Assuming Mr. Toby
> is correct, the New York Times could freely take one of Wikipedia's
> GFDL images taken by Mr. Mav and use it to illustrate a front page
> article of its web version, without any license problems or negative
> repercussions. But if they were to include the image into their paper
> version, they'd have to license the whole article (newspaper?) under
> GFDL. Your honor, isn't that obviously bollocks, isn't the distribution
> medium a mere technical detail, since anybody can simply print out the
> web version?" 
>   -- "Yes of course, oh eloquent attorney."

And then the judge would rule that *either* is appropriate.  The NYT
could use a GNU FDL image in at least 2 ways without causing any
problems for the copyright status of the rest of the paper.

1.  If appropriate, their use could be fair use.  For example, if
there were writing an article about Wikipedia's GNU FDL image
collection, and wanted to report on it by showing examples of what is
in it, this would likely pass fair use muster.

2.  If they didn't have a fair use angle, they could post the photo
with an explanation that it is GNU FDL, and that the paper was
aggregating independent works under clause 7 of the GNU FDL.  They'd
have to comply with all the other terms of the license, of course, but
if they did, there would be no way anyone could seriously claim that
there were violating GNU FDL if they didn't place their other content
in the same paper under GNU FDL.

--Jimbo