User:Combination/Fair use
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- This page was copied from User:Durin.
If you are reading this page, it is likely that I have directed you here, either as a result of a query to me regarding the reasoning for my actions in removing an image you placed, or as part of an edit summary explaining that action. If it is as a result of my directing you here rather than from the edit summary, please excuse the tone of my reply, which may have seemed curt or peremptory; my intention in creating this page is to adequately explain these actions rather than write a new, detailed response each time a user raises a question regarding this action.
Beginning in February of 2006, I began removing fair use images from non-main article namespace areas of Wikipedia. I did this after learning more about Wikipedia's stance regarding the use of such images in areas outside of the main article namespace. The underlying policy regarding this issue may be found at Wikipedia:Fair_use#Policy item #9. It states there that "fair use images should only be used in the article namespace", and goes further into the underlying reasons for the policy.
This issue is important because copyright complaints are a very direct way in which Wikipedia could be financially harmed. Wikipedia operates on donations only. To have to respond to copyright complaints, Wikipedia ultimately needs to pay for legal counsel to help respond to these issues. Violating most policies on Wikipedia does not constitute a financial threat to Wikipedia. In the case of copyright infringement, violation of policy most definitely does constitute a very large potential threat if for no other reason than the cost of Wikipedia representing itself against plaintiffs in court cases.
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[edit] Fair use images on userpages
Many users take the time and effort to decorate their userpages with a variety of images. The desire to do this is understandable. Pure text based userpages are often dull and boring. It's easy to spruce up a page using a variety of images showing your interests, likes, dislikes, and etc. and/or using such images as navigation icons. However, such use of fair use images is not permitted under copyright law in the United States, where Wikipedia hosts the vast majority of its servers. Therefore, such use on your userpage is not permitted. While there may be a limited range of circumstances where such use might be allowed under copyright law, the Wikipedia Board of Trustees has decided to err on the side of caution in regards to this issue and restrict the use of fair use.
[edit] Fair use images on lists of contributions
Many people like to create an area where they display the various images they have uploaded for use on Wikipedia. You have every right to be proud of your contributions, and I in no way am attempting to chastise you for having such pride. However, it is still against policy to actually display the images in question. Instead, you can list the image without actually displaying it. For example, let's say this image was a fair use image:
If it were a fair use image (it isn't, it is in the public domain as a work of the U.S. government), then displaying it here in my userspace would be against policy. So, alternatively I could still list the image here without actually displaying it. The code for this is [[:Image:DD963crest.gif]], and if I prefix it with an asterisk looks like this:
That is an acceptable use, since it isn't actually displaying it, but rather pointing to it.
[edit] Fair use images on userboxes
Beginning in January of 2006, there was a very rapid rise in the creation and use of userboxes. This created quite a stir on the project (Wikipedia:Wikipedia_Signpost/2006-01-02/News_and_notes, Wikipedia:Wikipedia Signpost/2006-02-13/Userbox warring for some more information on this), and resulted in a great deal of tension. One of the problems that arose from this was the rather rampant use of fair use images in userboxes. As per the fair use policy, this usage is not allowed. A number of editors, myself included, have undertaken efforts to ensure that userboxes do not include fair use images in order to protect Wikipedia against copyright violation claims.
I would like to make it very clear that I do not remove fair use images from userboxes as a way of opposing userboxes. This is pointless and undermining of the community in Wikipedia. My efforts with regards to fair use images on userboxes is purely to protect Wikipedia against copyright complaints.
Personally, I do not use userboxes. I think they look silly. Whether other people use them on their userpages is up to them. I think it looks silly on their userpages too, but its not my place to act to undermine their efforts to display userboxes on their userpages. My action with respect to userboxes has nothing to do with this opinion. It strictly has to do with copyright law and Wikipedia's response to it via policies.
[edit] Manually coded userboxes, as opposed to templates
As a result of a number of userboxes being deleted, a number of users have manually coded userboxes on their userpages that result in the display of something similar to userboxes. The use of fair use images in these cases is every bit the same as in regular userboxes, and is still against policy.
[edit] Fair use images in non-userbox templates
The use of fair use images on templates is also not permitted. At first glance, this might seem improper. Afterall, these templates are often intended to be used only on articles that portray the thing in question. The problem comes in the "intended use" area; it is entirely possible (and does happen) that templates intended for use only in main article namespace are used in other namespaces. This potentially creates a copyright issue if there is a fair use image on the template. Thus, the policy has been written to forbid uses of fair use images outside of the main article namespace, which does not include templates of any kind.
[edit] Possible questions and responses to my actions
[edit] Why didn't you replace the image with something usable?
There's a dizzying array of interests, dislikes, likes, and etc. of users on Wikipedia. There's no possible way that I can know what might look best or not in the cases of all of those interests.
Early on, I did make an attempt to replace a fair use image by creating a logo to replace the removed image. You can see the result of this effort at Image:Oalogo2.jpg. As of this writing, that image is still in use on the userbox in question, which you can see at Template:User Arrowman. Reaction to this image was mixed; some liked it, some did not. So, this may have been ultimately wasted effort. It is probably best to have this effort made by parties with a vested interest in having an image to replace the fair use image.
Additionally, if I...being just one person...were to undertake an effort to create images to replace every instance of a policy violating use of fair use images, it would take forever to make progress on the removal of such images in uses outside of the main article namespace.
[edit] My userpage is mine. You have no right to edit it!
Wikipedia offers considerable latitude on the editor's 'control' over their userspace. However, this does not in any way mean that your userspace is yours and yours only. Others can and should edit your userspace as needed in the interests of the project, which outweigh the desire of any one user to violate copyright law by the use of fair use images in their userspace. Users who raise issue with my removal of fair use images from their userspace might wish to review Wikipedia:User page. Please note that on that guideline page it states "Non-free images found on a user page (including user talk pages) may be removed (preferably by replacing it with a link to the image) from that page without warning (and, if not used in a Wikipedia article, deleted entirely)".
I am not in anyway attempting to thwart your attempts to contribute to Wikipedia. In fact, rather the opposite; I am trying to protect Wikipedia against copyright infringement claims so that you can continue contributing to this wonderful resource.
[edit] You could have at least asked me before doing this!
Yes, I could have asked first. In general, I don't make requests of users to remove such images because to do so would require the crafting of individual, unique messages in every case that I remove these images. This would be time consuming to say the least. Instead, I've created this page to abstractly explain these actions as an effort at efficiency. Additionally, I would have to monitor these pages over time to ensure that each of these violations was seen to by the editors in question. This would require multiple reviews of each page where there was a violation until such time as the user performed the requested removal, with the possibility of having to place additional warnings on the user's talk page. The table below illustrates the very large increase in work load that would result in the "ask first" model of performing this work:
| Ask first model | Remove directly model |
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|
The net outcome of these two models is essentially the same; the images will be removed, one way or another. The remove directly model requires considerably less effort to perform. While this model might generate some ill will (to date, I've received approximately as many complaints as I've received compliments, and in any case these responses have amounted to less than 5% of the total number of users who had pages changed), I've developed this explanation page to help alleviate some of that ill will.
[edit] You could have explained your actions on my talk page!
Yes, I could have alternatively done this too. However, again, doing so would more than double the effort required to manage fair use image removal. Thus, I use edit summaries which should adequately explain my actions for the vast majority of users, and direct you here to this page for further explanation if needed.
[edit] My use of these images is legal under fair use copyright law!
While it might be legal for you to use fair use images in this way, the Wikimedia Foundation has established a policy that proscribes their use in this way. In particular, the policy states "All other uses, even if legal under the fair use clauses of copyright law, should be avoided to keep the use of unfree images to a minimum". Thus, even if your use of a fair use tagged image would be legal under copyright law, it is not allowed under Wikipedia policy.
[edit] Management of conflict which may result from these actions
It is not my intent to create an edit war or any other sort of reprehensible action as a result of my work in this area. If it appears that my actions are potentially leading towards such a circumstance, I will pass the issue on to other administrators by way of Wikipedia:Administrators' noticeboard or other similar venues. I do not have a list of admins in favor of my actions to whom I would refer to back me up on this issue. This would be contrary to the idea of a community based approach. My actions are always open to scrutiny and I welcome such scrutiny at all times.
[edit] Edit summaries
These are purely for my use only, as a place to cut/paste edit summaries from for use in this effort:
- Removing fair use image(s) per terms of [[Wikipedia:Fair_use#Policy]] item #9 (please see [[User:Combination/Fair use]] for further explanation).
- Linkifying fair use image(s) per terms of [[Wikipedia:Fair_use#Policy]] item #9 (please see [[User:Combination/Fair use]] for further explanation).
