![]() | This page is an archive of past discussions. Do not edit the contents of this page. If you wish to start a new discussion or revive an old one, please do so on the current talk page. |
There is a proposal to allow galleries on Wikipedia provided they satisfy certain criteria at Wikipedia talk:What Wikipedia is not/galleries. The issue arises of the use of fair use images in galleries: in particular a gallery may be composed of a number of images that have fair use defences elsewhere on the gallery, but when aggregated together do not qualify for fair use. It seems appropriate to me that if the proposed change, or similar change is applied to WP:NOT, then this project page needs to discuss the issue. What kind of change would be appropriate? --- Charles Stewart 17:02, 3 January 2006 (UTC)
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
Most of the links to wikipedia and wikipedia policy shold be removed from here. But, I think there should be comments about it first. gren グレン 07:48, 4 January 2006 (UTC)
I removed the self-reference section. Feel free to move it from the page's history to the proper Wikipedia page you spoke of. -- 71.169.129.75 01:03, 21 September 2006 (UTC)
A group of Harvard Law School students are currently taking a class in Cyberlaw and contributing to this Wikipedia, coordinated through Wikipedia:Wikiproject Cyberlaw and a Wiki at Harvard is being used to organize notes on what they are learning, of which one topic is Fair use. It may be of interest to some what is the latest interpretation of the laws they are learning. See here for one of these overviews of where this is appropriate. User:AlMac| (talk) 21:29, 13 January 2006 (UTC)
The following discussion started as a copyright examination request, but I think it belongs here. -- Easyas12c 22:32, 15 January 2006 (UTC)
sorry if my 'contribution style' is incorrect! please make allowances for this once. i'm not quite au fait w/ wikipedia style guidelines (though i plan to be!). i thought i should point this out while i'm here (& studying for an exam in I&IP at McGill University, in Montréal, Canada). Peace, s. —The preceding unsigned comment was added by 142.157.152.161 ( talk • contribs) 27 June 2006.
On a lighter side of fair use, sometimes there is a wikipedia entry for a toy. People will quote the several sentences of the description on the front or back of the toy box, saying it's fair use since it's openly printed to the general public. Others point out the copyright notice on the box bottom and remove the toy description from the wikipedia entry. Is there any official call on this? Is it fair to quote the words on a toy box in a Wikipedia entry for a toy. user:mathewignash
Text currently reads: "Some commentators have also suggested that some form of fair use defense is required by the First Amendment's protection of free speech, because without some amount of copying, some things simply cannot be said." I find this a little hard to grasp. Shouldn't the word required be replaced with provided here?
Is commercial use invariably unfair? -- 84.61.37.241 13:11, 14 July 2006 (UTC)
I don't know if this is the place to ask or not, but what is the consensus on "Low Resolution"? I read "thumnails" earlier, but what specific resolution? I ask because http://en.wikipedia.org/wiki/Image:Honda_WOW.jpg seems to me to be too high of resolution to be considered fair use. I was going to resize it, but was unsure as to what size to target. Thanks. -- Douglas Whitaker 04:53, 20 July 2006 (UTC)
I have no idea why a section is here on fair use in Wikipedia. Why, for example, should that be more important than fair use in Britannica, or The New York Times? I think this smacks of navel-gazing.
Furthermore, the section starts out with a statement that is uncited and probably wrong: "Fair use is used in Wikipedia, mainly for screenshots, persons and significant pictures." This seems to assume that the majority of fair use in Wikipedia is visual. I suspect that, in fact, the majority of instances of fair use in Wikipedia comes in the form of quoting a short passage, or simply using a choice phrase, from a copyrighted work. - Jmabel | Talk 02:49, 21 August 2006 (UTC)
We may need a disambiguation page, or some other page that sets forth the related and similar doctrines of "fair dealing", "fair use (copyright law), "fair use (trademark law)", and so on. The "fair use" defense in trademark law, while it shares free expression principles with the fair use defense / right in copyright law, is really a distinctive doctrine. "Fair dealing", similarly, is a distinctive doctrine. (And as User:Pde suggests above those pages can appropriately have their own entries. The disambiguation page, if it is ultimately to be more than merely a disambiguation page, I would suggest be not just "exceptions and limitations in copyright" but something that targets more "free expression limitations in intellectual property"--because neighboring rights, moral rights, etc., may be treated as distinctive legal regimes or as part of copyright. Exceptions to these categories of rights, sui generis property rights, and rights that straddle various legal regimes ("right of publicity") would all be related.)
This entry, then, could be reorganized along these more international and holistic lines as "fair use (copyright)":
Thoughts?
-- LQ 17:42, 17 September 2006 (UTC)
The Common misunderstandings section seems like original research to me. If it isn't, then it need citations, and if it is then it should be replaced with a non-original research. I'll see what I can find, but if anyone knows of an sites that specifically cover this topic that would be great. Koweja 01:25, 9 October 2006 (UTC)
"However, binding agreements such as contracts or license agreements may take precedence over fair use rights.[21]" -- having just skimmed the Wall Data opinion from the 9th Circuit Court of Appeals, I'm not convinced that the reference actually supports the statement. Instead it seems to me that the L. A. County Sheriff's Department use of Wall Data's software simply didn't qualify as fair use under the law. There was one point on which the license terms did come into play, but even without that, it seems doubtful to me that the Sheriff Department's use would have been considered fair. IANAL however. Jerry Kindall 08:13, 27 November 2006 (UTC)
Additionally, the use of the phrase "fair use right" should be supported. The last paragraph of the "Fair use as a defense" section implies that there is disagreement on the subject, and rightfully so. Frankly, you will be hard pressed to find the statement "[f]air use is a right granted to the public on all copyrighted work" in an opinion letter. Further the statement, "[t]he First Amendment, for instance, is generally raised as an affirmative defense in litigation, but is clearly a 'right'", is misleading. First off, the First Amendment is not a "right". The First Amendment contains several rights but is not itself a right (Free Exercise, Freedom of Speech, etc.). Does one have a right to non-establishment? Secondly, Fair Use is statutory not constitutional. Comparing the two like they are the same is disingenuous. There are plenty of cases that use the term "fair use right", maybe there should be some discussion on the "fair use as a right" debate because this treatment really isn't fair to the music teacher making copies of pop songs or the kid e-mailing songs to friends. People need the full story. Not that I'd recommend getting a legal education from Wikipedia.
Mkshbeck
21:24, 22 March 2007 (UTC)
The external links section is getting outta hand! There are 20 links right now. -- LQ 15:01, 20 October 2006 (UTC)
Also, someone keeps adding in Section 121, a Braille exception. 107 is fair use; all the many other exceptions and defenses of 108 onwards are not "fair use". There should, instead, be a "see also" to "other exceptions and defenses". -- LQ 15:01, 20 October 2006 (UTC)
"Third, although normally making a "full" replication of a copyrighted work looks really bad…": surely, the judge did not say "looks really bad". - Jmabel | Talk 08:26, 24 December 2006 (UTC)
![]() | This page is an archive of past discussions. Do not edit the contents of this page. If you wish to start a new discussion or revive an old one, please do so on the current talk page. |
There is a proposal to allow galleries on Wikipedia provided they satisfy certain criteria at Wikipedia talk:What Wikipedia is not/galleries. The issue arises of the use of fair use images in galleries: in particular a gallery may be composed of a number of images that have fair use defences elsewhere on the gallery, but when aggregated together do not qualify for fair use. It seems appropriate to me that if the proposed change, or similar change is applied to WP:NOT, then this project page needs to discuss the issue. What kind of change would be appropriate? --- Charles Stewart 17:02, 3 January 2006 (UTC)
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
Most of the links to wikipedia and wikipedia policy shold be removed from here. But, I think there should be comments about it first. gren グレン 07:48, 4 January 2006 (UTC)
I removed the self-reference section. Feel free to move it from the page's history to the proper Wikipedia page you spoke of. -- 71.169.129.75 01:03, 21 September 2006 (UTC)
A group of Harvard Law School students are currently taking a class in Cyberlaw and contributing to this Wikipedia, coordinated through Wikipedia:Wikiproject Cyberlaw and a Wiki at Harvard is being used to organize notes on what they are learning, of which one topic is Fair use. It may be of interest to some what is the latest interpretation of the laws they are learning. See here for one of these overviews of where this is appropriate. User:AlMac| (talk) 21:29, 13 January 2006 (UTC)
The following discussion started as a copyright examination request, but I think it belongs here. -- Easyas12c 22:32, 15 January 2006 (UTC)
sorry if my 'contribution style' is incorrect! please make allowances for this once. i'm not quite au fait w/ wikipedia style guidelines (though i plan to be!). i thought i should point this out while i'm here (& studying for an exam in I&IP at McGill University, in Montréal, Canada). Peace, s. —The preceding unsigned comment was added by 142.157.152.161 ( talk • contribs) 27 June 2006.
On a lighter side of fair use, sometimes there is a wikipedia entry for a toy. People will quote the several sentences of the description on the front or back of the toy box, saying it's fair use since it's openly printed to the general public. Others point out the copyright notice on the box bottom and remove the toy description from the wikipedia entry. Is there any official call on this? Is it fair to quote the words on a toy box in a Wikipedia entry for a toy. user:mathewignash
Text currently reads: "Some commentators have also suggested that some form of fair use defense is required by the First Amendment's protection of free speech, because without some amount of copying, some things simply cannot be said." I find this a little hard to grasp. Shouldn't the word required be replaced with provided here?
Is commercial use invariably unfair? -- 84.61.37.241 13:11, 14 July 2006 (UTC)
I don't know if this is the place to ask or not, but what is the consensus on "Low Resolution"? I read "thumnails" earlier, but what specific resolution? I ask because http://en.wikipedia.org/wiki/Image:Honda_WOW.jpg seems to me to be too high of resolution to be considered fair use. I was going to resize it, but was unsure as to what size to target. Thanks. -- Douglas Whitaker 04:53, 20 July 2006 (UTC)
I have no idea why a section is here on fair use in Wikipedia. Why, for example, should that be more important than fair use in Britannica, or The New York Times? I think this smacks of navel-gazing.
Furthermore, the section starts out with a statement that is uncited and probably wrong: "Fair use is used in Wikipedia, mainly for screenshots, persons and significant pictures." This seems to assume that the majority of fair use in Wikipedia is visual. I suspect that, in fact, the majority of instances of fair use in Wikipedia comes in the form of quoting a short passage, or simply using a choice phrase, from a copyrighted work. - Jmabel | Talk 02:49, 21 August 2006 (UTC)
We may need a disambiguation page, or some other page that sets forth the related and similar doctrines of "fair dealing", "fair use (copyright law), "fair use (trademark law)", and so on. The "fair use" defense in trademark law, while it shares free expression principles with the fair use defense / right in copyright law, is really a distinctive doctrine. "Fair dealing", similarly, is a distinctive doctrine. (And as User:Pde suggests above those pages can appropriately have their own entries. The disambiguation page, if it is ultimately to be more than merely a disambiguation page, I would suggest be not just "exceptions and limitations in copyright" but something that targets more "free expression limitations in intellectual property"--because neighboring rights, moral rights, etc., may be treated as distinctive legal regimes or as part of copyright. Exceptions to these categories of rights, sui generis property rights, and rights that straddle various legal regimes ("right of publicity") would all be related.)
This entry, then, could be reorganized along these more international and holistic lines as "fair use (copyright)":
Thoughts?
-- LQ 17:42, 17 September 2006 (UTC)
The Common misunderstandings section seems like original research to me. If it isn't, then it need citations, and if it is then it should be replaced with a non-original research. I'll see what I can find, but if anyone knows of an sites that specifically cover this topic that would be great. Koweja 01:25, 9 October 2006 (UTC)
"However, binding agreements such as contracts or license agreements may take precedence over fair use rights.[21]" -- having just skimmed the Wall Data opinion from the 9th Circuit Court of Appeals, I'm not convinced that the reference actually supports the statement. Instead it seems to me that the L. A. County Sheriff's Department use of Wall Data's software simply didn't qualify as fair use under the law. There was one point on which the license terms did come into play, but even without that, it seems doubtful to me that the Sheriff Department's use would have been considered fair. IANAL however. Jerry Kindall 08:13, 27 November 2006 (UTC)
Additionally, the use of the phrase "fair use right" should be supported. The last paragraph of the "Fair use as a defense" section implies that there is disagreement on the subject, and rightfully so. Frankly, you will be hard pressed to find the statement "[f]air use is a right granted to the public on all copyrighted work" in an opinion letter. Further the statement, "[t]he First Amendment, for instance, is generally raised as an affirmative defense in litigation, but is clearly a 'right'", is misleading. First off, the First Amendment is not a "right". The First Amendment contains several rights but is not itself a right (Free Exercise, Freedom of Speech, etc.). Does one have a right to non-establishment? Secondly, Fair Use is statutory not constitutional. Comparing the two like they are the same is disingenuous. There are plenty of cases that use the term "fair use right", maybe there should be some discussion on the "fair use as a right" debate because this treatment really isn't fair to the music teacher making copies of pop songs or the kid e-mailing songs to friends. People need the full story. Not that I'd recommend getting a legal education from Wikipedia.
Mkshbeck
21:24, 22 March 2007 (UTC)
The external links section is getting outta hand! There are 20 links right now. -- LQ 15:01, 20 October 2006 (UTC)
Also, someone keeps adding in Section 121, a Braille exception. 107 is fair use; all the many other exceptions and defenses of 108 onwards are not "fair use". There should, instead, be a "see also" to "other exceptions and defenses". -- LQ 15:01, 20 October 2006 (UTC)
"Third, although normally making a "full" replication of a copyrighted work looks really bad…": surely, the judge did not say "looks really bad". - Jmabel | Talk 08:26, 24 December 2006 (UTC)