Forum:Proposing a Files and Images Policy: Difference between revisions

imported>Nikel23
imported>LostInRiverview
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:''(adding more)'' ... this just occurred to me. Instead of blocking on the fourth and subsequent violations, we could place them under [[TSW:ER|Editing Restriction]], prohibiting them from uploading new images or files for a period of time. That way they can continue to edit the wiki, just not upload new files. Granted, by this point if they don't understand the messages and warnings we might just be better off going to escalating blocks like normal. -- '''[[User:LostInRiverview|<font color="navy">LiR</font>]]<sup> [[User_talk:LostInRiverview|<font color="green">speak</font>]] ~ [[User_blog:LostInRiverview|<font color="green">read</font>]]</sup>''' 06:16, November 29, 2012 (UTC)
::I still don't really understand how Fair Use works or even what it is, and AFAIK, the only copyright violation problem we've ever had is [[Forum:Stolen_content_from_me|this]], though I'm not sure if there's even more. So I don't know if we need to make a strict policy for the file and image copyright. :/ We may be able to implement this, but making it strict, I don't know. [[User:Nikel23|'''<span style="color:#007FFF; text-shadow: #ACE5EE 0 4px 4px;">Nikel</span>''']] [[User talk:Nikel23|<span style="color: #30D5C8 ; text-shadow: #00FFEF 0 4px 4px;"><sub>''Talk''</sub></span>]] <sub>–</sub> [[The Sims Wiki:Featured Media/Voting|<span style="color:red ; text-shadow:#E97451 0 4px 4px;"><sub>''Vote!''</sub></span>]] 13:13, November 29, 2012 (UTC)
:::A policy like this is a way to protect our wiki and our users from copyright non-compliance. A copyright holder (in our case, EA) has the right to demand that their copyrighted material be taken down if they see it as being misused or if we don't have a valid reasoning for why it falls under fair use. The copyright holder ''can'' even seek legal action. While this situation is admittedly rare (as there is a framework existing in the law to prevent it from reaching the courts unless necessary) having some amount of protection against it would be good. The policy as a whole would mandate that our images not only stipulate who holds the copyright and whether our use is under fair use, but would mandate that a user justifies how fair use applies to a particular image uploaded.
:::To briefly explain fair use... A person who creates original works, like an author, artist, or video game conglomerate, holds a copyright on all works they produce. This gives that person/company the exclusive right to sell the content and to reproduce it. The copyright holder can choose to waive that right (thus putting the work in public domain) or can be contacted on a case-by-case basis to allow their works to be used by a third-party. It would be impractical if not impossible for TSW to contact EA and ask for permission every time someone uploaded an image to the wiki. Fortunately, there's the Fair Use doctrine.
:::Essentially, Fair Use states that the right of a copyright holder to control the use of their copyrighted material might be challenged if certain criteria were met. These criteria include use of copyrighted material for the purposes of educating, reporting news, or critiquing. So when we upload EA-copyrighted images to the wiki, we almost always do so with the intent that the image will help us illustrate something; thus our use of the image falls under a fair use justification. - '''[[User:LostInRiverview|<font color="navy">LiR</font>]]<sup> [[User_talk:LostInRiverview|<font color="green">speak</font>]] ~ [[User_blog:LostInRiverview|<font color="green">read</font>]]</sup>''' 14:43, November 29, 2012 (UTC)