[Wikinews-l] "Fair Use"/"Fair Dealing" graphics

Tue Apr 12 18:01:41 UTC 2005

I submitted (in round-about fashion) the following to the Juriwiki-l list:
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I'm going to give this the brief treatment:

1. Wikinews uses Commons to store all uploads of images, etc. This is a 
good implementation, one I do not think should be changed.
2. Commons does not allow any forms of fair use, including publicity 
photographs of public figures, corporate logos, or screen caps which do 
not show software ({{free screenshot}}).

Wikinews needs to have the ability to include some forms of fair use 
graphics, for example a lead article  
http://en.wikinews.org/w/index.php?title=South_African_former_apartheid_party_dissolves&oldid=43981 
which includes an image of Marthinus van Schalkwyk from the South 
African Government - an image which will soon be deleted on commons 
because it is licensed as non-commercial. And 
http://en.wikinews.org/wiki/MSN_Encarta_introduces_wiki-like_enhancements 
which scooped other tech news sources and has been picked up and linked 
to by them, and used to have images showing the security breach we 
reported first.

Wikinews has developed a proposed Fair Use policy at 
http://en.wikinews.org/wiki/Wikinews:Policies_and_guidelines/Fair_use 
which is fairly blunt, and a further guideline for images at 
http://en.wikinews.org/wiki/Wikinews:Policies_and_guidelines/Image_use_policy 
which we hope could cover fair use images on Wikinews itself.

Is there a legal justification for not allowing fair use images? Is 
there any way to allow fair use images for Wikinews?

Amgine

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