RE: Re: Using Logos in Wikipedia Articles without permission

From: Smith, Robert E. <smithre[_at_]ctsfw.edu>
Date: Fri, 06 Oct 2006 14:25:07 -0400

Dear John:

I don't suspect everyone ran off to wikipedia to read all the arguments there. The point in repeating the argument here was to gain the opinion of people who are experts in the field and who actually are interested in helping me learn something or back me up if I'm right. On wikipedia, no one actually addressed the issue as they have here.

If this list isn't for asking questions and receiving guidance, then what is it for?

Do you have anything helpful to add to the very informative posts that have just come in?

BOb

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property on behalf of John Levine Sent: Wed 10/4/2006 4:20 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Using Logos in Wikipedia Articles without permission  

>My analysis for the first factor was Wikipedia is not entitled to claim
>educational use, since it is not an accredited institution of learning.

This is the same argument, almost word for word, that you have repeated about six times in the Wikipedia discussion. It was unpersuasive then and it is equally unpersuasive now, since it flies in the face of large amounts of case law that have found fair use where nobody was making any claim to be an accredited anything. The Acuff Rose case in 1994 said

  the mere fact that a use is educational and not for profit does not   insulate it from a finding of infringement, any more than the   commercial character of a use bars a finding of fairness

If you want us to believe nonetheless that being an accredited educational institution is essential to a fair use defense, you need to cite some case law. Merely repeating your argument over and over will not accomplish anything useful.

>Are there flaws in my reasoning?

Yes.

R's,
John

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Received on Fri Oct 06 2006 - 22:25:07 GMT