[Wikipedia-l] Copyright violated in Talks

[Ray Saintonge]

Vicki Rosenzweig wrote:

> At 06:54 PM 6/18/03 -0700, Menchi Zh-en wrote:
>
>> Some people consistently move passages (usually the entire article) 
>> of copyright violations to Talk pages. Talks may not necessarily be 
>> considered Wikipedia proper. But they are still integral part of 
>> Wikipedia operations nevertheless.
>>
>> This such behaviour acceptable?
>
> Yes, because it's intended as temporary. If the passage turns out not 
> to be
> a copyright violation (in some of these, the person whose page it was 
> found on
> is the person who put it on Wikipedia, and wrote it, so they can 
> release it to
> us under the GFDL), it can be restored. If it's confirmed as a 
> violation, it should
> be deleted from the talk page as well.

To some extent, I would expect that these violations would be covered by 
fair use when they have been moved to the talk page or history to 
highlight the fact that there was a copyright violation.  The reason for 
being there has changed, and that is one of the factors considered when 
evaluating fair use.  There might be a problem if it's a very long text, 
but then the person posting is violating another WP rule about WP not 
being a Library for published texts.

Ec