--- Erik Moeller <erik_moeller(a)gmx.de> wrote:
Axel-
> The wiki-author doesn't add a picture, he
adds a reference to a
> picture.
....with the intent and expectation that the
image and the text be
combined into a whole by the user's browser.
What matters in law is the text of the FDL, because that's what we're
dealing with.
Actually, what matters is the meaning of "derivative work", which is
defined in copyright law. If illustrating an article with a picture
creates a derivative work, GFDL applies automatically to the whole.
This is the essence of a reasonable fair use
doctrine for Wikipedia: Try to figure out if someone may be
interested in stopping distribution of picture X, and if so, do not
include it (possibly with some rare exceptions of high
political/historical significance).
That does not make good policy: Wikipedia contributors have zero
incentive to do this research. They want to illustrate an article, and
quick. Finding the copyright holder and sending an email to ask whether
there is a functioning market for digital reproduction of this picture
would be way to much hassle. Should all fair-use pictures without this
proof be deleted?
and in
addition may have commercial interests
which weakens their fair use defense considerably.
People who want to make money with Wikipedia can be expected to do
some manual work.
"The free encyclopedia", as in "freely modifiable and
redistributable",
not "free for non-commercial use".
Axel
__________________________________
Do you Yahoo!?
Yahoo! Calendar - Free online calendar with sync to Outlook(TM).
http://calendar.yahoo.com