Re: Wikibooks fair use policy

percy tiglao wrote:
> On 2/20/07, Andrew Whitworth <[email protected]> wrote:
>   
>> A fair use image should never be used when an acceptable copyleft or PD
>> image is available, or when an acceptable image can be created and released
>> under such a license.
>>
>> --Andrew Whitworth
>>     
>
> I agree entirely. While an outright ban may be too difficult, I think we
> should avoid copyright images, even if they are within fair use. There
> are just too many issues to bring up.
>
> --Dragontamer
>   

I apologize that I haven't been up on this discussion, as my computer 
(and hard drive, etc.) crashed to a completely unrecoverable state over 
the past couple of weeks.

I also apologize in part to the Wikibooks community as I seemed to have 
initiated the current fair-use discussion that seems to have touched a 
chord among the WMF board, particularly with Brad Patrick as well as others.

Fair-use images has been something of a perennial topic for Wikimedia 
projects, including Wikibooks.  For the most part on Wikibooks, we have 
been fortunate enough that the actual usage of fair use has been 
generally quite light, even before image license tagging became vogue 
for Wikimedia projects.  Perhaps the largest "offenders" of fair-use 
images on Wikibooks in the past was the video game wikibooks, which is 
clearly a whole other topic of discussion by itself.  The issue there in 
regards to fair-use images was mainly the abuse of screen captures and 
using parts of the video game in what was often decorative uses of the 
design elements of the video games rather than specific critical 
commentary where fair-use rationale would be much more justified.

In an attempt to avoid some of the hassles that Wikipedia is currently 
facing, and upon reading several fair-use discussions on the 
foundation-l mailing list, I created the current Wikibooks Fair-use 
policy.  While this is a proposed policy, it is in defacto enforcement 
right now, and pretty much current practice throughout Wikibooks.  I am 
not suggesting that this should be the only reason to delete content or 
that it would certainly be something worthy of a VfD, but it does give a 
basis to try and limit fair-use on Wikibooks.

That was really the reason I wrote the policy.  I felt that in most 
cases those who were strong advocates of fair-use have in the past tried 
to expand the definition to the point that I have a very hard time 
trying to see what the real limit would actually be.  In many cases on 
Wikipedia, I see images that I consider to be simply a copyright 
violation, but fair-use is being asserted instead.  I did not want to 
see that sort of attitude creep into Wikibooks.

I will also admit that this is an issue that I have had to study up on 
and learn over time, where I've even made mistakes on Wikibooks and 
other Wikimedia projects in the past with images I thought at the time 
could be justified through fair-use rationale but I now feel really were 
a simple copyright violation.  As far as I know, these images have now 
all been deleted, even though in most cases there didn't seem to be a 
reasonable alternative. 

The justification that is being used often by those promoting fair-use 
is usually that they can't find any other alternative to obtaining an 
image or illustration, so fair-use is the only real way to get the 
content.  My counter argument is that it is still a copyright violation 
unless the image is being used for "critical commentary" in most cases.  
Since Wikibooks (and Wikipedia) both have "no original research" and 
"NPOV" policies, I find it hard to see where you can write an editorial 
review that can retain those two pillars that would warrant the 
inclusion of fair-use images.  Oh, there are some very valiant attempts 
to do just that, but it seems to be over the top, and those articles and 
books tend to be the most controversial and problematic in terms of 
trying reach a consensus as well.

I would also like to say that the big posting that was made on 
foundation-l (and referenced/republished on the Wikimedia Commons) 
really had only one very substantial policy point regarding Wikimedia 
projects:  Wikimedia projects may not accept images that are "for use 
only on that project or Wikimedia projects".  I don't know of a single 
case where that has been done or accepted on Wikibooks, but it has been 
something considered acceptable in the past on Wikipedia and still 
persists even now, even though current Wikipedia policy is to not allow 
new images to be uploaded using that philosophy.  IMHO the most glaring 
example of this is the [[w:Image:WW2 Iwo Jima flag raising.jpg]], where 
the Associated Press granted formal copyright permission to the WMF for 
this image to be used on Wikipedia.  While normally this would be an 
outstanding donation, the AP insisted that no derivative uses of this 
image could be used, hence it technically violates the GFDL even though 
it is being used "with permission".  Since Wikibooks isn't dealing with 
this issue, the rest of that posting really didn't have, as far as I 
could see particularly with [[WB:FUP]] as has been written earlier, any 
significant impact on Wikibooks as a project other than affirming the 
need to have a policy at least as restrictive as has been proposed here.

In framing my arguments about fair-use, I have insisted that the GFDL 
plays a vital role in determining what exactly would be proper for 
Wikimedia projects.  I do believe that fair-use rationale can be used 
within GFDL'd content, as somebody re-using and republishing GFDL'd 
content that includes fair-use content (such as quotes or a reasonable 
fair-use photo) can also use the same fair use material under the same 
rationale.  But justifications such as educational fair use or 
non-commercial publications (citing the WMF non-profit status) can't be 
used precisely because that would not necessarily be transferable to 
other users of that GFDL'd content.  The reasons for using the content 
must by its nature be very much restricted.  At the same time, I think 
there is room for some limited fair-use images within Wikibooks.