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Implicit grant of fair use
editI had an email conversation with the author when I added this image to the article (in March 2006), where he implicitly accepted that the image could be used non-commercially by Wikipedia:
From: Brian Wood <[email protected]> To: Owen Blacker <[email protected]> Date: Sun, 5 Mar 2006 07:47:23 -0500 Delivery-date: Sun, 05 Mar 2006 12:47:37 +0000 Subject: Re: DMZ imagery -- a Wikipedia request hello i can't release any DMZ images for use in anything commercial, as DC Comics has the rights over such things for the duration of the contract I signed. I retain the copyright, but they control the property. I do see you discovered my Flickr - any of those images can be used for the purposes of review, hype, marketing, etc... just not commercially. i can't begin to imagine the trouble everyone would be in with Time Warner if DMZ artwork showed up somewhere selling someone else's product or service. so i can't officially agree to this. that said, DMZ images are all over the internet, including my Flickr, and the way its being used already on that DMZ page I'm sure is fine. Thanks for your interest, and the work on that page. sorry i can't be more helpful. -bri On Mar 4, 2006, at 11:09 PM, Owen Blacker wrote: > Mr Wood, > > I wanted to let you know that I am thoroughly enjoying your work with > Riccardo Burchielli on DMZ, which I stumbled across in a comic book store > a couple of weeks ago and I'm now hooked. I've been doing > research for the free online encyclopedia "Wikipedia", and would like to > ask if an image could be used in our living and growing > document. > > Wikipedia (http://www.wikipedia.org) is a free encyclopedia that is > collaboratively edited by volunteers from around the world. Our goal is > to create a comprehensive knowledge base that is not only available at > no charge, but is also freely distributed. > > I am specifically seeking your permission to use either the cover or page > 1 of the first issue, which I'd like to include in the article on DMZ at > http://en.wikipedia.org/wiki/DMZ_%28DC_Comics%29 ; (To get a sense of the > freedom of Wikipedia, you yourself can edit this page without > registration, right now!) > > We can only use your materials if you are willing to grant permission > for it to be used under terms of the GNU Free Documentation License. > This means that although you retain the copyright and authorship of your > own work, you are granting permission for all others (not just > Wikipedia) to use, copy, and share your materials freely -- and even > potentially use them commercially -- so long as they do not try to claim > the copyright themselves, or try to prevent others from using or copying > them freely. > > You can read this license in full at: > http://www.wikipedia.org/wiki/Wikipedia:Text_of_the_GFDL (note: To keep > things simple, we don't use Invariant Sections, Front-Cover Texts, or > Back-Cover Texts) > > This license also expressly protects creators "from being considered > responsible for modifications made by others" while ensuring that > creators get credit for their work. There is more information on our > copyright policy at: http://www.wikipedia.org/wiki/Wikipedia:Copyrights > > We chose the GNU FDL license because it is the best available tool for > ensuring that our encyclopedia is and can remain free for all to use, > and for providing credit to everyone who donates text and images. It may > or may not be compatible with your goals in creating the materials > available on your website -- that's for you to choose. Please be assured > that if permission is not granted, your original materials will *not* be > used at Wikipedia -- we have a very strict policy against copyright > violations. > > If you agree, we will credit you for your work in the image's permanent > Description Page, noting that it is your work and is used with your > permission, and we will provide a link back to your website. > > I understand entirely if you are unwilling to release your work in this > way, especially as your artistry is your lifeblood, but I thought it for your time and thank you for having created DMZ. > > All the best, > > > Owen Blacker > -- > Owen Blacker, London, GB > -- > They that can give up essential liberty to obtain a little temporary > safety deserve neither liberty nor safety -- Benjamin Franklin, 1759