User:TransporterMan/Notes

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WARNING!

If anyone else finds their way onto this page, the following notes and comments are NOT FOR YOU. If you use them, act on them, or consider them it is at your own peril.

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Wikimedia/pedia content must be completely free - nonprofit/educational license not enough if to be used freely. Anything that's not totally, utterly, unconditionally free must be used, if at all, under the non-free content policy and guideline.


From Image Use Policy (slightly different rules may apply to non-images, but this is a pretty good overview of the whole topic):

==Free licenses==
For a list of possible licenses which are considered "free enough" for Wikipedia, see Wikipedia:Image copyright tags. Licenses which restrict the use of the media to non-profit or educational purposes only (i.e. noncommercial use only), or are given permission to only appear on Wikipedia, are not free enough for Wikipedia's usages or goals and will be deleted.. Sources of free images can be found at Wikipedia:Free image resources. In short, Wikipedia media (with the exception of "fair use" media—see below) should be as "free" as Wikipedia's content—both to keep Wikipedia's own legal status secure as well as to allow for as much re-use of Wikipedia content as possible.
If a source does not declare a pre-existing free license, yet allows use of its content under terms commonly instituted by them, the source must explicitly declare that commercial use and modification is permitted. If it is not the case, it is to be assumed that it is not unless verification or permission from the copyright holder is obtained [TM:and that permission must be to make it completely free].
===Public domain===
Under United States copyright law, all images published before January 1, 1923 in the United States are now in the public domain, but this does not apply to images that were created prior to 1923 and published in 1923 or later. The year 1923 has special significance and this date will not roll forward before 2019.
Because Wikipedia pages, including non-English language pages, are currently hosted on a server in the United States, this law is particularly significant here. However, the interaction of Wikipedia, the GFDL, and international law is still under discussion.
While there are many places to acquire public domain photos at the public domain image resources, if you strongly suspect an image is a copyright infringement you should list it for deletion (see below). For example, an image that has no copyright status on its image description page and that you have seen it elsewhere under a copyright notice should be listed for deletion.
Also note that in the United States, reproductions of two-dimensional artwork which is in the public domain because of age do not generate a new copyright—for example, a straight-on photograph of the Mona Lisa would not be considered copyrighted (see Bridgeman v. Corel). Scans of images alone do not generate new copyrights—they merely inherit the copyright status of the image they are reproducing. This is not true of the copyright laws of some other countries, such as the United Kingdom.
A bit more about public domain from Wikimedia
===Fair use images===
Some usage of copyrighted materials without permission of the copyright holder can qualify as fair use in the United States (but not in most other jurisdictions). However, since Wikipedia aims to be a free-content encyclopedia, not every image that qualifies as fair-use may be appropriate. For details, or to ask questions about a specific instance, please see Wikipedia:Non-free content. Unauthorized use of copyrighted material under an invalid claim of fair use constitutes copyright infringement and is illegal.
Media which are mis-tagged as fair use or are a flagrant copyright violation can and will be deleted on sight. Frequent uploading of non-fair use non-free material can be justification for banning a Wikipedia user.
See also:

Linking to Pages Violating Copyright: Policy (the guideline is less helpful than the policy). The essential part is that linking to copyrighted material is fine and to be expected, but (emphasis added):

However, if you know that an external Web site is carrying a work in violation of the creator's copyright, do not link to that copy of the work. An example would be linking to a site hosting the lyrics of many popular songs without permission from their copyright holders. Knowingly and intentionally directing others to a site that violates copyright has been considered a form of contributory infringement in the United States (Intellectual Reserve v. Utah Lighthouse Ministry ). Linking to a page that illegally distributes someone else's work sheds a bad light on Wikipedia and its editors.

The DMCA says "know" means actual knowledge or "the service provider is ... aware of facts or circumstances from which infringing activity is apparent". That's a pretty stiff test. Short of open and obvious copyright violation, I don't think this applies.

Footnotes How-to (see code)

Inapproriate Conduct Common to Wikipedia and WikiChat

Burden

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