Wikibooks:Requests for deletion/File:Pokemoncard.gif

File:Pokemoncard.gif
I belive that one card out of a deck is fair use. But I put it up for vote as I might be wrong.


 * keep one card of a deck is a "limited number" so keep unless more copies appear. --Krischik T 13:09, 27 January 2006 (UTC)
 * Delete - The problem here is not what we as a community may like to keep or not, but what is legally permissable. This card as it stands is a copyright violation.  It is also not a "registered trademark" for fair-use purposes, nor was the context it was used in permissable either.  Context matters when dealing with fair-use, which BTW is also not recognized in many countries.  This is something more or less unique to the USA.  More important, I see this as a slippery slope of problems if we permit things of this nature to exist on Wikibooks, where we will have to hire legal counsel to debate the marginal cases.  Fair use is a very limited concept, and for the purpose that we are producing content here on Wikibook it should be avoided when possible.  If you were showing some kids using this card in competition with a photo or had arrows that explained the various features of this card with labels (modifying the card and creating original content) it may be permissable usage.  I would still recommend that whomever wants to work with this project make a request to the publisher and ask for permission to use the card in this manner.  BTW, even derivitive works (and the Wikibook this comes from is a derivitive work) may require permission of the original copyright holder.  --Rob Horning 14:45, 27 January 2006 (UTC)


 * Keep As an educational site, this falls under the education clause of fair use.  --Gabe Sechan 17:40, 27 January 2006 (UTC)


 * Comment. The copyright tag says it is a screenshot and that a limited number of low-res pics may be used. Is any of this wrong? Is it really a screenshot? Does this really fall under FU copyright law? Thanks for the clarification. -- LV (Dark Mark) 00:48, 28 January 2006 (UTC)
 * This is a scan of a physical card... or perhaps a copy of a scan of the card from a software database or perhaps even a rasterized version of the original artwork. Regardless, this is not simply educational fair use, which BTW is an extremely narrow definition.  Generally speaking, educational fair-use can only be used for a single classroom by an educator or for a very small audience.  Not the whole world on a widely publicized internet server.  Some significant narrowing of the role of educational fair-use has taken place with recent (the last 20 years) U.S. Supreme Court rulings, particularly with the class action lawsuit by major publishers against Kinko's Copies (see note #9) where Kinkos is no longer allowed to publish most forms of class sylibi or class notes unless it is completely original work or released under the GFDL and similar copyleft licenses.  A small loophole exists where professors can still publish copyrighted material, but they must get formal copyright clearance first.  That is the legal precedence we need to follow on Wikibooks.  For copyright clearance from Nintendo, [see this notice from Nintendo] about granting permission for copyrighted works made by them. --Rob Horning 03:13, 28 January 2006 (UTC)


 * Comment You can read the "fair use" clause at http://www.copyright.gov/title17/92chap1.html#107, though that copy might be old. In this case, I do not think that "nonprofit educational purposes" apply here, because GFDL allows commercial redistribution of Wikibooks. However, the "the amount and substantiality of the portion used" clause has application, because Image:Pokemoncard.gif is one side of one card from a deck, and at low resolution; I could not read some text on the card, even when I zoomed in on the image or printed it. However, currently this image is only a decoration at Pokémon Trading Card Game/Fossil. If we used the image for "criticism" or "comment", for example by explaining the appearance or layout of a Pokemon card, <then I would vote "Keep". (I have already voted "Delete". --Kernigh 22:44, 3 February 2006 (UTC)) However, if it continues to only be a decoration, then I would vote "Delete" because it is not so necessary to have this image. --Kernigh 04:11, 28 January 2006 (UTC)
 * Unlike most parts of copyright law due to some involvement by congress, fair-use is still largely common law rather than statutory law. You litterally have to read a hundreds of case histories including many opinions of the U.S. Supreme Court and several appellate courts before you can come up with a difinitive doctrine.  Statutory law does hold precedence over common law, but the formal law written by congress doesn't cover all of the fine points.  In many cases Congress simply codified existing common law opinion on the matter.  Now this common law only applies in countries and states where common law is applied like the USA or British Commonweath countries.  BTW, to give an example of how limited of a usage the courts are willing to accept, one composer was sued successfully for copyright infringment because he copied a single riff from another song that consisted of just ten notes.  And this doctrine was upheld on appeals.  Imagine if that was upheld for graphical images where only 10 pixels could be copied as fair-use?  --Rob Horning 12:14, 28 January 2006 (UTC)


 * After consideration, delete. -- LV (Dark Mark) 00:38, 3 February 2006 (UTC)
 * Delete image. I noticed some weird things, like how Pokémon Trading Card Game/Fossil is marked copyvio at its creation, and how the image is tagged as a "screenshot". While we are making a book, not another card game, I think that this image is not necessary, and we gain almost nothing by having it. --Kernigh 22:42, 3 February 2006 (UTC)
 * It's not weird, it was me knowing that this was a very gray area of fair use. I also wanted it to ask people (including Nintendo) how much of this info could be kept. An example was the easiest way. I also would have been nice if someone left me a note about this.... Gerard Foley 10:29, 10 February 2006 (UTC)
 * Sorry. I was confused, because normally when a user uploads something, a different user marks it copyvio... --Kernigh 01:18, 14 February 2006 (UTC)
 * Delete Not used Gerard Foley 00:44, 13 February 2006 (UTC)


 * KeepFair Use Dolive35 15:03, 16 February 2006 (UTC)

Deleted - There is no consensus above. However, I deleted the image because it is now an orphan, and thus not fair use. (User:Gmcfoley had put a speedy deletion tag on the "Pokémon Trading Card Game/Fossil" page where this was used.) --Kernigh 02:54, 19 February 2006 (UTC)