[Wikipedia-l] Good and bad fair use examples

[Erik Moeller]

If we allow fair use of images, which we currently do, we may want to  
develop guidelines for what is and what is not a good example for fair  
use. Some thoughts:

Good fair use:

- Press/publicity photos. These are typically intended for republication  
and it is unlikely that anyone will get in trouble for using them in any  
way. Exceptions: Press/publicity photos which have explicit restrictions  
on use.
- Screenshots and screen captures: A screenshot, especially one done by  
yourself, is usually such a small excerpt from the entire work that fair  
use is perfectly applicable. Companies don't make money selling  
screenshots. Exceptions: Shots of programs whose primary value is their  
graphical content (e.g. clipboard collections) or shots containing clearly  
copyrighted commercial artwork.
- Important historical photos: Leader meets leader, building explodes, war  
crimes etc. Here the educational purpose is prevalent. Exceptions: Photos  
of which we know that their copyright is rigidly enforced.
- Sound/music snippets: There exists a lot of precedent law regarding  
this, and many large websites offer short (10-second) snippets of popular  
music

Gray area:

- General portrait/celberity photos. Here it is important to at least try  
to obtain permission and figure out what the copyright situation is.
- Current news photos. Depends on the importance of the news and the  
photo. Again, it should be attempted to obtain permission first.
- Album covers, movie posters. Rule of thumb: If it looks really cool  
(nice high resolution photo), it's probably not OK (there are actually  
companies that sell these things).

Black area:

- Modern maps. Map producers directly compete with us, and it is generally  
hard to see why we should be allowed to take their work for free, just  
like we could not simply take the articles from the Encyclopaedia  
Britannica.
- Textbook illustrations. See above - this is an active market, and we can  
be expected to create our own.
- Photos of famous, non-historical buildings, places etc. - we can shoot  
these ourselves.

Of course, pictures in the "black area" can be used if permission can be  
obtained.

Regards,

Erik