Wikipedia talk:WikiProject Fair use/Fair use tag reform

message: Hi.  I'm looking for a template to stick on images where fair use is claimed, but the image is unused.  AFAIK, this would mean that the image is not fairly used.  Would  apply here?  Or something different?  Perhaps a new tag?  Thanks. --ChrisRuvolo (t) 03:13, 5 November 2005 (UTC)
replies: text: Geni 03:40, 5 November 2005 (UTC)
thread_title: Fair use claimed, but image is unused?

message: The recently re-styled  has some useful changes that should be applied to all these templates, see diff. In particular
#Templates should not have their text in italics, it makes them very hard to read
#They should explicitly spell out what type of uses, and when, the use of the image is compatible with fair use
#They should ask the uploader to provide all the related copyright information.
--nixie 23:21, 22 January 2006 (UTC)
replies: text: Thanks.  All of the tags should include #2, although in a lot of cases it's buried in the mass of text, not by itself as a prominent bullet point.  Maybe a bit more prominence for that information would be beneficial?  As for #1 and #3, I agree.  Maybe it might be a good idea to create something similar to  for fair use images and then standardise them all like that.  JYolkowski // talk 02:49, 23 January 2006 (UTC)
replies: text: Agreed. Many of them aren't too bad, but they do need cosmetic changes and some more explicit information for the uploader on providing source information, and some more information on types of article where the image could be fair. --nixie 03:04, 23 January 2006 (UTC)
replies: text: I've created , based on  but with a few differences (e.g. it categorises the templates into an unfree image template cat, and it has included the verbiage asking the user to include source and copyright info).  I have used it to reformat , , and .  I have also rewritten these three templates to use bullets to emphasise the valid uses.  If anyone has any comments, please let me know and I'll make changes as necessary before standardising everything else.  Thanks, JYolkowski // talk 23:20, 26 January 2006 (UTC)
thread_title: General suggestion

message: The music quality may be reduced, but is it needed to reduce the icon image quality? 68.39.174.238 01:43, 3 February 2006 (UTC)
replies: text: Sorry, I don't understand. Could you reword your question? – Quadell (talk) (bounties) 13:54, 3 February 2006 (UTC)
thread_title:  Music sample 

message: I just made the following suggestion on Template:Tv-screenshot and Template:Film-screenshot...
Under US copyright law, there are four factors for determining "fair use":
#the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
#the nature of the copyrighted work;
#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.
I'd recommend that the tv-screenshot template create a bullet list that highlights these factors, which the current revision makes a start at:
It is believed that the use of a limited number of web-resolution screenshots
* for identification and critical commentary on the station ID or program and its contents
* on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,
qualifies as fair use under United States copyright law.
which might be revised thus:
It is believed that the use
* of a very limited portion of the original work (one frame out of thousands),
* which will likely have no detrimental impact on the potential market for or value of the copyrighted work,
* for criticism, comment, scholarship, and research on the station ID or program and its contents
* on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,
qualifies as fair use under United States copyright law.
Note: I removed "web-resolution screenshots" because resolution has no impact on a fair-use defense. Same goes for "identification." --Jeremy Butler 13:06, 4 February 2006 (UTC)
replies: text: I'm generally okay with this suggestion.  I would suggest removing "scholarship and research" since criticism and commentary are the main fair uses in an encyclopedia.  As for the "web-resolution" stuff, this isn't strictly based on a reading of the law, but on the policy that we only use the minimum amount of copyrighted, unlicenced work possible.  Also, having a large library of high-resolution screenshots could make it easier for people to pirate them.  JYolkowski // talk 19:19, 4 February 2006 (UTC)
thread_title:  Four factors for determining "fair use"