Help:Licensing compatibility

From Wikisource
(Redirected from H:LC)
Jump to: navigation, search
See also the Copyright policy.
Licensing compatibility
Shortcut:
H:LC
This page collects information and discussions about specific licenses and criteria to explain whether they are permissable on Wikisource.

Alphabetical index[edit]

Conditions[edit]

Prohibited[edit]

Fair use[edit]

description

Fair use or fair dealing is the concept that unlicenced copyrighted work can be legally used without paying licencing fees or recieving permission of the copyright holder (see Wikipedia's article on fair use).

status

Fair use is explicitly prohibited on Wikisource, since Wikisource's license allows use or distribution in circumstances where fair use is invalid (such as commercial exploitation).

Furthermore, as described by the Amount and substantiality clause, reproducing whole works is not fair use. See the legal precedent set in Harper & Row v. Nation Enterprises (1985); as stated by Wikipedia's article on the subject, the US Supreme Court "determined that fair use is not a defense to the appropriation of work by a famous political figure simply because of the public interest in learning of that political figure's account of an historic event." Further, "the use of less than 400 words from President Ford's memoir by a political opinion magazine was interpreted as infringement because those few words represented "the heart of the book" and were, as such, substantial."

discussions

Non-commercial[edit]

description

Non-commercial criteria limit or disallow the use or distribution of a work for commercial purposes or contexts. These criteria usually make no distinction between profit-making and non-profit fundraising.

status

Although Wikisource itself does not make commercial use of works, its license does allow redistributors to make such commercial use. For example, this makes it possible to distribute Wikisource content as part of a free operating system mailed on low-cost DVDs. Therefore, works with non-commercial licenses are prohibited on Wikisource.

Such licenses are prohibited by decision of the Chairman Emeritus and former President of the Wikimedia Foundation, as indicated by the 2004 message by Jimbo Wales entitled "[WikiEN-l] Use of noncommercial-only images". In 2006, Jimbo Wales explicitly confirmed in #wikimedia that this decision applied to Wikisource, declaring that "Noncomercial-only licenses are basically the same thing as torturing kittens." Angela, board member, has also explicitly stated noncommercial licenses to be unacceptable; see "[Foundation-l] Re: [Juriwiki-l] Re: Copyright complaints".

discussions

Non-derivative[edit]

description

Non-derivative criteria limit or disallow modifications, translations, or derived works such as musical arrangements, dramatizations, fictionalizations, motion picture versions, sound recordings, art reproductions, abridgments, condensations, or annotations.

status

Non-derivative works are prohibited on Wikisource, whose license allows end-users and redistributors to make derivative works from all Wikisource content.

discussions

Orphaned[edit]

description

An orphaned work is one whose copyright exists or may exist, but whose copyright holder is difficult or impossible to contact.

status

Orphaned works are prohibited on Wikisource, which seeks to build a free content library. Although the copyrighted works may be freely exploited for the time being or in limited situations, the rights have nonetheless not granted and the works are not free.

discussions

Presumed licensing[edit]

description

Presumed licensing refers to works whose licenses are unknown but are likely to be a compatible license or criteria.

status

These are generally prohibited. However, some very limited conditions have been permitted by the community, most notably regarding public speeches. No works should be added to Wikisource under a presumed license or condition except for scenarios explicitly permitted by the Wikisource community, start a discussion at Wikisource:Possible copyright violations before posting works:

  • An unscheduled or impromptu speech would by its nature not allow for a written foundation, so would not be covered by US copyright laws, hence would be PD and could be hosted on WS.
  • Manifestos or open letters that are not explicitly or implicitly copyrighted and are intended for widespread distribution. Template:PD-manifesto was deleted.
discussions

Unenforceable copyright[edit]

description

Unenforceable copyright is a copyright that is otherwise valid in the United States but cannot be enforced due to specific circumstances, such as an application of the International Emergency Economic Powers Act (which makes all commerce with an enemy state or organisation illegal).

status

Unenforceable copyright is prohibited on Wikisource, which seeks to build a free content library. Although the copyrighted works may be freely exploited for the time being or in limited situations, the rights have nonetheless not been granted and the works are prohibited.

discussions

Licenses[edit]

Compatible[edit]

GNU Free Documentation License[edit]

All Wikisource content is released under the terms of the w:GNU Free Documentation License or a GFDL-compatible alternative.