non-free content in creative commons content

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non-free content in creative commons content

John Mark Vandenberg
It is possible to include non-free content in creative commons free
content, as these licences explicitly do not restrict the rights
granted by other laws.

http://wiki.creativecommons.org/Frequently_Asked_Questions#Do_Creative_Commons_licenses_affect_fair_use.2C_fair_dealing_or_other_exceptions_to_copyright.3F

However, I have seen many images deleted on Commons when they contain
fair-use/fair-dealing components within them.

Commons currently has a policy which rejects fair-use, however that is
for images where the fair-use context is external to the media file on
Commons (the wikipedia page).

http://commons.wikimedia.org/wiki/Commons:Fair_use

There are many situations where the fair-use context is embedded in
the media file, such as an image within an image, an image within a
video, or a parody.

Are there examples of fair-use within media on Commons?

The specific case I am interested in this video.

http://www.youtube.com/watch?v=EHqFoK2EHls

specifically all of the logos on the backdrop for the interviews at
0:25-0:35,0:58-1:06,1:11,1:29,2:04

The creator of the video can't possibly secure free content releases
for those logos, and should not need to.
The copyright holders of those logos clearly put them in the public
knowing they would be used in this context, without giving permission
to everyone who had a camera at the scene.

In Australia, this may also fall under the Copyright Act section 67

http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s67.html

However that depends on whether "television" can be stretched to
include youtube videos if the same content was also distributed on
broadcast television.

This section is omitted from our Freedom of Panorama template.

http://commons.wikimedia.org/wiki/Template:FoP-Australia

Should section 67 be added to the FoP template, or would it be better
to create another class of templates for broadcast television
containing incidental elements of non-free content?

--
John Vandenberg

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Re: non-free content in creative commons content

arablue99
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Re: non-free content in creative commons content

John Mark Vandenberg
On Thu, Sep 1, 2011 at 12:06 AM, Aaron Adrignola
<[hidden email]> wrote:
> John, don't overthink it.

;-)

> Those logos would be de minimis:
> http://commons.wikimedia.org/wiki/Commons:De_minimis

Do we have a template to advise the reader which parts are not CC,
like we do for personality rights?

--
John Vandenberg

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