[WikiEN-l] Re: Fair use images on user pages and enforcement

Fri Jan 20 00:22:41 UTC 2006

I don't think that thumbnail CD covers really have any great value on
the whole, and I think a court would be very suspicious of someone
saying that the sheer number of thumbnails somehow made what was a set
of separate "fair uses" into a massive, singular "unfair use". But I
could of course be wrong, but that's my feeling on it.

FF

On 1/18/06, Justin Cormack <justin at specialbusservice.com> wrote:
>
> On 18 Jan 2006, at 14:55, Fastfission wrote:
>
> > I'm not sure about this. If it is fair use in one instance, it
> > should be
> > fair use in all instances. I don't think there is a legal
> > difference between
> > having one fair use magazine cover and having 200, providing each
> > use meets
> > the fair use standards. In cases where multiple-sources from a single
> > copyright holder were held not to be fair use (i.e. Twin Peaks) it was
> > because the sum collection of the uses really did take away from
> > the use of
> > the original source (i.e. was basically a detailed plot abridgment
> > and could
> > be read without watching the shows). I don't think that's the same
> > thing as
> > using a large number of completely separate magazine or DVD covers. At
> > least, that's my understanding of it.
>
> Copying will always be considered by the court __as a whole__. Thats
> very clear.
>
> With magazine covers, if we had say downloaded (made up example; I
> havent
> looked into where they came from) the Official Playboy Magazine Cover
> website
> and stuck them all in wikipedia then we would be liable - we would be
> taking
> advertising revenue from their website thus causing damages.
> Regardless of
> the amount of important critical commentary we make on them.
>
> CD covers even in thumbnail form now have commercial value en masse, for
> marketing purposes.
>
> Of course there isnt much case law yet, anything could happen. IANAL. I
> expect we shall hear from a lawyer soon.
>
> Justinc
>
> _______________________________________________
> WikiEN-l mailing list
> WikiEN-l at Wikipedia.org
> To unsubscribe from this mailing list, visit:
> http://mail.wikipedia.org/mailman/listinfo/wikien-l
>