Jimmy Wales (jwales(a)wikia.com) [050710 01:42]:
Zoney wrote:
> a) Fair use? We're using a news
broadcaster's photos for our *news
> coverage* without permission? Hah! Yeah right that's fair use!
You are right that this was wrong. I would say that
it was still
legally fair use *for us*, i.e. not a legal problem, but my position is
that just because it is legal, this is not enough for us to use something.
It is a particularly good example of excessive use of fair use because
there were and are a great many free images available on the web yesterday.
However, useing another broadcaster's news images is in fact fair use and
entirely appropriate in a lot of cases. This is why newscasters cover their
stuff in their logo.
> I would suggest there's a clear
anti-copyright agenda* at play in
> allowing "fair use" images to continue to be used at Wikipedia.
Well, I wouldn't say that. I would say that I do
personally take the
position that "fair use" _is a good policy_. The legal rights of
copyright holders should not extend so far as to be able to forbid all
uses, particularly of the sort encompassed by fair use.
So I think it's important for our global mission to stand up for fair
use as a principle, but at the same time, using it as a crutch because
we can, or to say we don't care about downstream reusers is a mistake.
Yes. I think it's entirely in Wikimedia's mission, for example, to speak
out on behalf of the public domain, reduced reach of copyright and so
forth, because such things would directly help our work. But the Foundation
will of course want to tread carefully before setting out on such a path.
> At the moment, yes people are harsh on untagged
images. But mostly if
> the image is relevant - and someone tags it fair use - it stays.
I think we should only use pictures under fair use if
it is *cleanly*
fair use and if the photo is of significant historical importance and
there is no possibility of getting a free alternative. (Not "it would
be difficult" but "no possibility".) This is not our current policy and
not something that's coming from me as a directive, but I think it's the
right direction for us to move as we mature.
I think this can be done by guidelines, editorial decision and good sense
for the moment.
- d.