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Lhikan634
• 3/17/2013

Crossover images and Copyright

Before getting into the actual question, I must refer to laws concerning copyright. Granted, many works which might be involved include Japanese anime, American series, and so forth. As a simpler and quicker basis, I must defer to Title 17 of the United States Code, section 107 (Copyright Act of 1976):

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.


Probably the most substantial issue is that the use of purpose, particularly as this is a Huntik-based wiki. Though use may qualify as being nonprofit, it does not fall under educational or informational as the fullness of the original copyrighted character (history, nature, etc) is rarely maintained.

Another issue is that the original portion of the work in relation to the copyrighted portion of the work becomes skewed towards the "copyrighted" side. In other words, there is less original content.

Similarly, using copyrighted characters from one company and combining it with portions of a media universe from another company gets dangerously close to copyright infringement. For this reason, many (but not all) fanon wikis prohibit "crossover" content. There are also particular companies which do not allow such "crossover fanon" (such policies DO affect Wikia).

At the moment, I am working on policy and copyright issues at the Huntik Wiki as well as some side templating at the MNW. With this in mind, it would be nice to have any input by March 10, 2013, so that I can work on this when I have time in my schedule.

However, I need some clear and specific reasons as to why many of these images should be allowed. If a legitimate rationale can be come up with for a specific image, then it may remain. Otherwise they will be permanently deleted for breaching copyright. Please note that rationales such as "because I want to use it" will NOT be upheld.

As pertains to articles, the same copyright issues are at work when it comes to non-Huntik characters, names, etc. Again, a legitimate rationale must be provided for these articles to remain. I hate for this to seem harsh or like it's cutting into the fun, but we do have to respect copyright even when it's a somewhat gray area. It's better, in such cases, to swing more to the legal side than the illegal side.

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Lhikan634
0
• 3/16/2013

All current image on the Huntik Fanon Wiki have been gone through, and violating images have been flagged with the {{copyright violation|<reason>}} template. I will be sorting through pages beginning later today. Any image or file marked for copyright violation will be deleted beginning at the end of this month if no legitimate rationale for its use is provided.

If you disagree with the flag, please discuss it on Candidates for deletion. Any user found attempting to remove the copyright violation flag will be blocked from the Huntik Fanon Wiki for 1 month.

0
• 3/17/2013

Articles have been sorted through as well, with violating articles being categorized as above.

0
• 3/30/2013

Just an additiona heads up, deletion of infringing files and articles may begin as soon as tomorrow. If you think something has been incorrectly flagged or you're not quite sure why something was flagged, you still have a day to post under Category talk:Candidates for deletion.

As copyright is one of those things that the general populace doesn't know that much about and as a copyright policy can sometimes be a bit foreboding to some, I think it best to add a bit of additional explanation as to how this process will be acted upon at the HF Wiki. I would much prefer this to be an educational opportunity than something that gets people scared to contribute.

First of all, if an image is scheduled for deletion, don't freak out too much. I know from my brother, who does  bit of work concerning copyright, that there are a lot of misconceptions running around regarding copyright and what the law says. As this may very well be the first time some of y'all have had to consider copyright, there will be no action taken against you when they are removed.

I'm also hoping this can be used more for education on copyright. Actions such as temporary blocks will only be considered if there are multiple repeated instances of copyright infringement in the future for the exact same reasons. Just a note, this would have to be something majorly serious, comprising most of the user's contributions, and be blatantly showing disregard for copyright laws. No one is currently at risk of this in case anyone is wondering.

If anyone has questions about this now or in the future, don't hesitate to drop a message by my talk page ; )

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