8 ms·
> in order to claim fair use, you have to be legally in possession of the work. Which work? The original work, or the derivative work that you're using? Wikip
by NoZebra120vClip 3y ago
> in order to claim fair use, you have to be legally in possession of the work.
Which work? The original work, or the derivative work that you're using?
Wikipedia uses non-free content all the time, and they're not purchasing albums to do it. Wikipedia reduces album covers, for example, to low resolution, so that they could not be reused to reproduce a real cover, for example. Sometimes Wikipedia uses screencaps of animated characters, for example, under their non-free content policies. They don't own original copies, they're just hosting low-resolution reproductions. I don't even know what entity would be required to be "legally in possession of the work" for that to be a thing. Could you cite a source, maybe?
- pdonis 3y ago> Which work? The original work Yes. You create the derivative work, which automatically means you are legally in possession of it--even if it breaks the law in other respects. > Wikipedia uses non-free content all the time How are they obtaining it? From websites where albums are advertised? The images on those websites are available to the public for free, even if the albums or the album covers are only available for sale. Also, Wikipedia articles are contributed to by individual people, who might well own copies of books that they quote from in the articles, for example, even if the corporation that owns Wikipedia does not. AFAIK, by Wikipedia's terms of use, if you post content you are implicitly asserting that you have a legal right to post it, so if there were a lawsuit they would probably punt to whoever posted the content.