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Forum:TV Comic & other periodical issues (edit)
Revision as of 21:32, 21 September 2023
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::::: The 4 factor test is not a thing with fair dealing in the UK (as far as I'm aware as a non-lawyer), but I've looked it up and, assuming what I've read is correct, I don't think many of our images can be considered fair use. Fandom is a commercial site with ads so we fail the first factor. A large number of images on our site are from "imaginative or highly creative" works (e.g. works of fiction) so we frequently fail the second factor. Factor 3 seems a little more nuanced to me: with regard to screenshots and the like, we are only using a small portion of the full work. When we upload full standalone illustrations and promotional pictures, not so much. Factor 4 is also a little more nuanced. I don't think our use of many images is transformative, but some of them are from works long "out of print or otherwise unavailable", so this also depends. In summary, I don't really feel that we follow fair use anyway right now. Where we want to proceed from this, I don't know, but I'm not sure we want to delete a large quantity of our images. I do think that we should stop, or at least reduce the extent to which are, claiming that the images we upload are being used under fair use in any case. [[User:Bongolium500|<span title="aka Bongolium500">Bongo50</span>]] [[User talk:Bongolium500|<span title="talk to me">☎</span>]] 20:07, 21 September 2023 (UTC) | ::::: The 4 factor test is not a thing with fair dealing in the UK (as far as I'm aware as a non-lawyer), but I've looked it up and, assuming what I've read is correct, I don't think many of our images can be considered fair use. Fandom is a commercial site with ads so we fail the first factor. A large number of images on our site are from "imaginative or highly creative" works (e.g. works of fiction) so we frequently fail the second factor. Factor 3 seems a little more nuanced to me: with regard to screenshots and the like, we are only using a small portion of the full work. When we upload full standalone illustrations and promotional pictures, not so much. Factor 4 is also a little more nuanced. I don't think our use of many images is transformative, but some of them are from works long "out of print or otherwise unavailable", so this also depends. In summary, I don't really feel that we follow fair use anyway right now. Where we want to proceed from this, I don't know, but I'm not sure we want to delete a large quantity of our images. I do think that we should stop, or at least reduce the extent to which are, claiming that the images we upload are being used under fair use in any case. [[User:Bongolium500|<span title="aka Bongolium500">Bongo50</span>]] [[User talk:Bongolium500|<span title="talk to me">☎</span>]] 20:07, 21 September 2023 (UTC) | ||
As far as the first is concerned we have a leg to stand on here collecting data for archival purposes, even if it's commercial, is somewhat transformative. There's case law where if you collect ''too much'' it stops being fair use. Which is where my concern of screenshot of a tv show vs full comic comes into play. (See the comment about the Harry Potter encyclopedia here: https://fairuse.stanford.edu/overview/fair-use/four-factors/) But we don't ''immediately'' fail the first prong site-wide. The second is one we definitely have issues with often, yes. Factor 3 depends on the nature of the work we're considering a page for. A tv show? We're good. A single page comic or promotional image? We need to be very careful here. (But, I note, that for Factor 3 promotional images mean that Factor 2 is less of an issue for us.) And Factor 4 is something that is very case by case as well. Let's be very clear that out of print works only ''weakly'' support fair use. (If it's an [https://en.wikipedia.org/wiki/Orphan_works_in_the_United_States orphaned work], I suspect that you're unlikely to run into any problems. But that's not at all the same thing.) There's case law that says potential markets count. If a copyright holder wanted to say that they were contemplating reprinting these things (or selling them digitally!), but market harm was generated by someone who uploaded out of print comics, those people would be on the hook. Showing the entire thing clearly is far more damaging to that potential market than showing the first panel, or a blurry outline. So site-wide it's blurry on 3, usually a fail on 1. For the comics, it's an instant fail on 3, blurry on 1. [[User:Najawin|Najawin]] [[User talk:Najawin|<span title="Talk to me">☎</span>]] 21:32, 21 September 2023 (UTC) | |||