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 _______________________________________________ Commons-l mailing list [email protected] https://lists.wikimedia.org/mailman/listinfo/commons-l
