[WikiEN-l] Re: Questionable fair use claims: a case study

Fri Oct 21 14:34:29 UTC 2005

Anthony DiPierro wrote:

>The single most important factor for a fair use analysis is the
>impact of the use on the market for the original
>
If you're relying on Harper & Row for this proposition, you need to 
recognize that Campbell v. Acuff-Rose effectively undermines it, both on 
the facts and in the language of the decision. Its analysis is much 
closer to weighing the factors equally.

>In
>my opinion even images on user pages should be given a little bit of leeway
>for this reason. An image which isn't included in any of the articles isn't
>really in the encyclopedia itself, it's in a temporary workspace which we
>use to create an encyclopedia.
>  
>
It's in a workspace that we publish to the entire world over the 
internet. And don't kid yourself about the temporary here; try removing 
an inappropriate image from somebody's user page and see how temporary 
they thought it should be. While I am perfectly happy to be flexible 
about more restrictive licensing for user page images (no-derivatives or 
Wikipedia-specific permission), I have yet to see anyone articulate a 
reasonable argument as to why a copyrighted image would be fair use on a 
user page.

--Michael Snow