Image talk:Flowerfairiesjpg.jpg

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IANAL, however, the claim that the image source cannot object seems to be false, and fails as a fair use rationale.

Bridgeman Art Library v. Corel Corp. states that this case "ruled that exact photographic copies of public domain images could not be protected by copyright".

But from the copyright notice on the same page, the image isn't in the public domain: if it's copyrighted, then by definition all copies of it, licensed or unlicensed, absolutely ARE "protected by copyright". Making unlicensed "copies of copies" of a copyrighted work is simply not permitted.

Someone who's made a licensed derivative work from a copyrighted work (as appears to be the case here) absolutely *can* object to copies being made of their derivative work, even where it is closely similar to the original. So the copyright listed may also be incorrect or incomplete, since this appears a copy of a derivative work, with copyright belonging to the cited source,

Sure, the use of the image may still be "fair use" (is using the entirety of a work EVER "fair use"?), but this citation certainly fails as a fair use rationale for that use.

Also, I'm unsure about the claim that US copyright law applies, since they're the IP of a UK company, and the internet *does* extend beyond the borders of the US. Wikipedia does appear to serve content to UK IPs, so you are publishing this copyrighted image in the UK.

Also I'm unsure if the claim that "it's fair use because it's used on the Cicely Mary Barker page" is valid: I found the image featured on its own page, following a link from a discussion of the image, on a user page. I never even read the name "Cecily Marie Barker" until I started writing the above. Clearly, any image which has its own page (all images, so far as I can tell) is not just being used "in context", it's also directly linkable: I feel that Wikipedia's claim that the images are only being viewed or used "in context" is flawed in this respect, and that images where the "fair use" relies on the context for should probably not show the image, but should instead provide a link to the context where the image is shown.

But like I said, IANAL. --DewiMorgan 00:59, 16 September 2006 (UTC)