Jimmy Wales wrote:
Ray Saintonge wrote:
It probably
makes sense if we are to have a separate article for each Disney
character that each such article would have one necessarily free use
image of the character.
Did you mean to type "fair use" here?
Yes, thanks for spotting my error.
I am happy to contribute a photo of Mickey Mouse which
I took myself
while visiting Disney World in Florida. While there might (conceivably,
but doubtfully) be some complex issues related to copyright in the
character, I think this is a very very "clean" fair use as compared to,
for example taking a scan of a drawing directly from Disney or (worse)
simply downloading an image from a Disney website.
It will be quite a bit easier, if we are pressed (unlikely), to defend a
photo of a Disney character taken by a Wikipedian, than it is to defend
a jpeg hoisted from a website. Easier legally, I am not sure, I defer
to the judgment of lawyers on that point (and I doubt if they really
know since the amount of fair use case law which covers this point is
not so large to my best knowledge).
Hmmm! Mickey Mouse is a cartoon character, and his historical
importance is as a cartoon character. So I would ask is a picture of
someone dressed in a Mickey Mouse suit really a picture of Mickey Mouse?
;-)
But easier from a public relations point of view, no
doubt.
And we are big and important enough now that the PR point of view is
totally relevant.
Good PR depends even more on intuitive good business sense and
judgement. In a strictly legal sense there was nothing wrong in what
Bill Clinton did with Monica, but the PR was somewhat less than glorious.
The straw that
breaks the camel's back does not function in isolation.
Very good observation.
It is my position, speaking generally, that we ought to crack down quite
a bit on "fair use", not because there are any legal problems with what
we are doing now, but because it makes it harder for people to reuse in
jurisdictions with bad fair use provisions, and because an excessive
reliance on fair use tempts us to be lazy about creating freely licensed
alternatives.
Continuing with the Mickey Mouse example, Walt Disney and Mickey Mouse
were US citizens working in the US so US copyright law would apply in
determining if there was infringement. Foreign law that gives longer
protection could not be used to extend copyrights beyond what they had
in their home country.
I agree about the encouragement to laziness. When there is a rule about
anything it can be a tempting excuse to shut off the thinking apparatus.
Ec