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Proposals for "Fair Use Policy" and "Media Assets Workgroup"
Please see CZ:Fair Use Policy, Media and offer your comments to these policy proposals.
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Stephen, that's some very nice work.
I have one suggestion and one query.
Suggestion: As CZ has contributors from outside the United States, but CZ is hosted there, include a one-liner towards the top of the policy stating that in all matters relating to copyright and fair use, United States federal law must apply.
Query: Category Seven (Promotional photos of famous persons, places, or things), point 2 ("The photos must appear in an article or article section about promotional photos").
Does this mean if I was to write an article on, for example, Tiger Woods - that a Fair Use photo could only be included in a section about the golfer's own publicity?
If so - that's fine, but with 1 and 2 taken together, it will greatly restrict the number of photos available where the subject is a person in public life but who would not necessarily be involved in self-promotion or promotion of products/services.
I'm thinking the likes of politicians, royalty, people who become notable through some event or occurance, etc.
Regards,
Anton
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Seconded. I ran across similar problem on Wikipedia with Fair Use claim about scientist Subrahmanyan Chandrasekhar.
There is absolutely NO public image of him.
All photos are copyrighted.
Some are copyrighted by University of Chicago and some are copyrighted by AP etc.
Since he is dead, and was not a "popular" scientist, there is no way to use any photo if not under Fair Use.
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Quote: from: Anupam Srivastava on May 30, 2007, 08:27:16 AMSeconded.
I ran across similar problem on Wikipedia with Fair Use claim about scientist Subrahmanyan Chandrasekhar.
There is absolutely NO public image of him.
All photos are copyrighted.
Some are copyrighted by University of Chicago and some are copyrighted by AP etc.
Since he is dead, and was not a "popular" scientist, there is no way to use any photo if not under Fair Use.
Note that the policy does not leave it off as "no promotional photos except in an article about promotional photos." It says go on to STEP FOUR, Proving permissions diligence/frustration".
Basically, this says that before jumping to make a fair use claim, just ask permission.
In the case of Subrahmanyan Chandrasekhar, one would do that at http://chandra.harvard.edu/edu/request_perm.html
Then, once received, it gets documented per
http://en.citizendium.org/wiki/Help:Images#Documenting_free_content_releases_and_images_by_permission
Doing this is usually pretty straightforward.
If not--if the effort is fruitless--then you can document that it was fruitless and go on to evaluate your fair use claim.
With Tiger Woods, if the available open content photos of him are not substantially equivalent to the copyrighted ones, by golly, you just ask permission of the copyright holder before jumping to make a fair use claim over their photograph of him.
The bottom line is that, under this policy, there is no photo in the world that is "off limits" to Citizendium.
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Thank you, that's clear, and further illustrates why I am not a lawyer
Regards,
Anton
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I am not a lawyer, either.
But I can learn enough about any topic I darned well please to get a good handle on it.
I hope I have done that with this.
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I'm very impressed with the guidelines (learned a lot too).
Thank you for your efforts, Stephen.
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Excellent work Stephen.
Just one suggestion: add in great big bold letters at the top of the page some thing to the effect:
Before making a fair use claim, ask for permission to use the image/media,
or even better get a free/libre image
with the appropriate links to the pages on asking and documenting permission.
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A summary - nice idea.
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Quote: from: Stephen Ewen on May 30, 2007, 11:28:09 AMQuote: from: Anupam Srivastava on May 30, 2007, 08:27:16 AMSeconded.
I ran across similar problem on Wikipedia with Fair Use claim about scientist Subrahmanyan Chandrasekhar.
There is absolutely NO public image of him.
All photos are copyrighted.
Some are copyrighted by University of Chicago and some are copyrighted by AP etc.
Since he is dead, and was not a "popular" scientist, there is no way to use any photo if not under Fair Use.
Note that the policy does not leave it off as "no promotional photos except in an article about promotional photos." It says go on to STEP FOUR, Proving permissions diligence/frustration".
Basically, this says that before jumping to make a fair use claim, just ask permission.
In the case of Subrahmanyan Chandrasekhar, one would do that at http://chandra.harvard.edu/edu/request_perm.html
Then, once received, it gets documented per
http://en.citizendium.org/wiki/Help:Images#Documenting_free_content_releases_and_images_by_permission
Doing this is usually pretty straightforward.
If not--if the effort is fruitless--then you can document that it was fruitless and go on to evaluate your fair use claim.
With Tiger Woods, if the available open content photos of him are not substantially equivalent to the copyrighted ones, by golly, you just ask permission of the copyright holder before jumping to make a fair use claim over their photograph of him.
The bottom line is that, under this policy, there is no photo in the world that is "off limits" to Citizendium.
Ah, thanks!
That makes more sense.
I actually asked Chandra for permission, but they don't own it, they just host it with permission from University of Chicago and AP.
None of these two replied when I asked them, so that means I can claim Fair Use.
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No, it does not mean you can leap to a fair use claim in this instance.
See the section, The unresponsive copyright holder at
http://en.citizendium.org/wiki/CZ:Fair_Use_Policy%2C_Media#The_unresponsive_copyright_holder
With the University of Chicago and the AP, you have to be sure requests are in the form and substance they require.
Neither of these two entities are of the sort to simply ignore legitimate, properly submitted permissions requests!
This will not be an instance where you will need to make a fair use claim.
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Ok. Unfortunately, I am in Germany, and in no possible condition to contact them in person.
There is no form on the website of University of Chicago to request permission for images, or at least none that I could find.
After much wandering on Wikipedia, I was directed to a contact page.
I mailed everyone listed on it, and got no reply.
Also, the image hosted on Chandra is high resolution image, available to be printed without any restriction.
I would hope it will qualify as Fair Use by default.
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I see now that Subrahmanyan Chandrasekhar and Chandra are different, that Chandra is not just short for Subrahmanyan Chandrasekhar but the actual instrument that takes stellar images.
No fair use claim is required for use of any of the images of Subrahmanyan Chandrasekhar found at http://chandra.harvard.edu/about/chandra.html
Apparently, the Chandra X-Ray Observatory has worked out their own use of the images with the copyright holders (The American Institute of Physics and The Univ of Chicago in these instances) to extend to re-use of the images, with conditions.
Those conditions are stated at http://chandra.harvard.edu/photo/image_use.html
The images on this web site may be used for non-commercial educational and public information purposes.
Please credit images to "NASA/CXC/SAO" unless other credits are given.
In that case, credit the appropriate organization(s) or person(s) as they are listed with the image on our site.
Thus, the actual CZ template you'd use is {{Bypermission-reuse}}
Just see http://en.citizendium.org/wiki/Image:ChandraNobel-72.jpg where I have uploaded the image and documented everything, and http://en.citizendium.org/wiki/User_talk:Anupam_Srivastava#Subrahmanyan_Chandrasekhar_image where I have shown how to credit an image such as this in the article.
This situation illustrates how most fair use can simply be avoided with a little effort.
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Discussion regarding Chandra images moved to talk page: http://en.citizendium.org/wiki/User_talk:Anupam_Srivastava
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We are a collective enterprise and individual authors do not take legal responsibility for their contributions, so that part has to be dropped.
We need to follow the federal guidelines, and not add extraneous new non-legal restrictions .
Richard Jensen ~~~~
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