Editing Incubator escapee wiki:Help desk/Archive 8 (section)

== Images & Copyrights ==

Hello, I wish to add images to articles pertaining to Star Trek. How do I determine if an image is of a wikipedia approved copyright? I have seen Star Trek images (i.e.: [[Deep Space 9]]) that seem to be mere photos released by Paramount or screen captures of shows. So.. if I find an image on [http://www.startrek.com the official site], can I assume it's OK to use?

I appreciate any and all help as I am anxious to improve my Star Trek articles. [[User:EDGE|EDGE]] 03:02, Sep 25, 2004 (UTC)
:I don't know if people would say that's copyrighted or fair use? You'll have to wait for someone else to answer. [[User:Ilyanep| ]] &mdash; [[User:Ilyanep|<span style="color: gray;">Ilγαηερ</span>]] [[User talk:Ilyanep|<span style="color: #333333;">(Tαlκ)</span>]] 03:16, 25 Sep 2004 (UTC)
::Assume they're copyrighted - they almost certainly are. Check the [[Wikipedia:Copyright FAQ|Copyright FAQ]] (that James and I wrote) to see what the criteria for fair use are. [[User:Raul654|→Raul654]] 03:25, Sep 25, 2004 (UTC)
::: I have read the [[Wikipedia:Copyright FAQ|Copyright FAQ]] and it seems that these two statements concerning fairuse apply:
:::# ''The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes Is it a for profit competitor or not? Is it for criticism, comment, news reporting, teaching, scholarship, or research? Is the use transformative (of a different nature to the original publication)?''
:::# ''Does this use hurt or help the original author's ability to sell it? Did they intend to or were they trying to make the work widely republished (as with a press release)? Are you making it easy to find and buy the work if a viewer is interested in doing so?''
:::These would seem to support the fairuse designation of a screen capture. If not, what of all the images of artists, musicians, actors, politicians that are released by companies and such? How about the images on [[50 Cent]] or [[Deep Space 9]]? Fairuse seems to apply to all of them. [[User:EDGE|EDGE]] 04:09, Sep 25, 2004 (UTC)
::::You have to consider all 4 of the criteria -- ''None of these factors alone is sufficient to make a use fair or not fair - all of them must be considered and weighed.''. In such cases, it's hard to speak in general terms - you have to decide each image on a case by case basis. [[User:Raul654|→Raul654]] 04:15, Sep 25, 2004 (UTC)
:::::I must say that it is difficult to make such decisions given the high degree of personal judgement involved. I believe that usage of this image is within the fairuse clause. I am especially convinced given the high level of precedence available on Wikipedia, notably in articles dealing with television series, music artists, and movies. Thank you for your insights. [[User:EDGE|EDGE]] 04:22, Sep 25, 2004 (UTC)
::::::In the articles on Sisko or Garak - almost certainly; in the article on Star Trek, maybe. In an article on Alien, probably not. [[User:Raul654|→Raul654]] 04:26, Sep 25, 2004 (UTC)
If this image has peaked your curiousity, you are all invited to view the episode's article at [[In the Pale Moonlight]] [[User:EDGE|EDGE]] 04:29, Sep 25, 2004 (UTC)
:I remember that episode - it was one of my favorites :) [[User:Raul654|→Raul654]] 04:31, Sep 25, 2004 (UTC)

::Please DO NOT use anything from the official Star Trek site.  If you click Terms and Conditions at the bottom of each page, you'll find this:
:::''3. TM & COPYRIGHT 1996-2004 BY PARAMOUNT PICTURES CORPORATION. ALL RIGHTS RESERVED. STAR TREK and related marks are trademarks of Paramount Pictures Corporation. This Web Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, '''photographs, illustrations, images''', video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by PDE, Paramount Pictures Corporation or other third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. '''Nothing contained in these Terms or on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of PDE''' or such third party that may own the Material or intellectual property displayed on the Web Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS PROHIBITED. As a user of the Web Site, you agree not to use the Material for any unlawful purposes and not to violate PDE's rights or the rights of others. PDE may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.'' --[[User:CatherineMunro|Catherine]] | [[User_talk:CatherineMunro|talk]] 15:55, 25 Sep 2004 (UTC)
::::Fairuse laws in the United States grant permission to use copyrighted works (no matter how harshly the note is worded) under certain conditions. I believe these conditiosn apply to the image in question. [[User:EDGE|EDGE]] 23:51, Sep 25, 2004 (UTC)
::::This was covered earlier when I said ''Assume they're copyrighted - they almost certainly are.'' ;) [[User:Raul654|→Raul654]] 19:08, Sep 25, 2004 (UTC)

'''[[Wikipedia:Be bold in updating pages|Be bold]]'''.  Upload under [[Wikipedia:fair use|fair use]] anything you like, regardless of [[copyright]], and then discuss each image individually on the [[Wikipedia:proper page for discussing "fair use" claims|proper page for discussing "fair use" claims]].  --[[User:Eequor|[[User:Eequor|<span style="font-size: large;">η</span>]]<span style="position: relative; bottom: -1px; vertical-align: text-bottom">[[Image:Venus symbol (blue).gif|♀]]</span>[{{SERVER}}{{localurl:User talk:Eequor}} <span style="font-size: large;">υωρ</span>]]] 18:52, 25 Sep 2004 (UTC)

:Stop trolling. That's behavior we want people to ''stop''. -- [[User:Cyrius|Cyrius]]|[[User talk:Cyrius|✎]] 20:25, 25 Sep 2004 (UTC)

:: If you seriously see that as a problem, you should probably do something to ensure users will ''stop'', rather than uselessly whining about [[mythology|myth]]ical [[creature]]s such as [[troll]]s.  --[[User:Eequor|[[User:Eequor|<span style="font-size: large;">η</span>]]<span style="position: relative; bottom: -1px; vertical-align: text-bottom">[[Image:Venus symbol (blue).gif|♀]]</span>[{{SERVER}}{{localurl:User talk:Eequor}} <span style="font-size: large;">υωρ</span>]]] 02:16, 1 Oct 2004 (UTC)

:::I did do something. I tried to correct the bad advice you should have known better than to give. -- [[User:Cyrius|Cyrius]]|[[User talk:Cyrius|✎]] 02:20, 1 Oct 2004 (UTC)