User:Marshallsumter/WP biblio essay

Minimizing effort and risk of conflict with other editors
2. Could you give examples of alleged copyright violation?
 * In w:Wikipedia:Copyright violations there is this "However, copying material without the permission of the copyright holder from sources that are not public domain or compatibly licensed (unless it's a brief quotation used in accordance with Wikipedia's non-free content policy and guideline) is likely to be a copyright violation. Even inserting text copied with some changes can be a copyright violation if there is substantial linguistic similarity in creative language or sentence structure; this is known as close paraphrasing, which can also raise concerns about plagiarism. Such situations should be treated seriously, as copyright violations not only harm Wikipedia's redistributability, but also create legal issues."


 * Now if there's a reference (citation) after the quote or paraphrase it's not a copyright violation, it's fair use; however, that is not mentioned here but in w:Wikipedia:Non-free content and four other locations within this page found per searching for "citation".


 * On Wikipedia everything you write and then publish is considered by the Wikipedia community as a copyright violation unless it is completely in your own words and you are giving it away freely into Public Domain or "you agree to the Terms of Use, and you irrevocably agree to release your contribution under the CC BY-SA 3.0 License and the GFDL. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license." as stated below just above the "Publish page" button.

Def. some "text or a graphic in an electronic document that can be activated to display another document or trigger an action" is called a hyperlink.

In general, using a hyperlink should work but as Wikipedia articles change rapidly in time, it may no longer contain its original content, for example:

Core promoter Main article: Core promoter by for the content: "The HY box is the core promoter element responsive to RUNX2 in the human gene COL10A1 promoter.[1] The responsive region ranges from -81 to -76.[1] The Runx2 site on the type X collagen promoter is required for canonical Wnt induction of col10a1.[2]" is no longer there but has been redirected to Promoter (genetics).

For the citation-generation tool to create a citation from any article, see Special:CiteThisPage and enter the page title. See the next section for an example of using citing the page with Fair use.

When is fair use, free use
The statutory fair use factors:

1. "use is of a commercial nature or is for nonprofit educational purposes", "use is transformative" Google (a dot com) engaged in transformative use of thumbnail images for its image search program which courts found was fairuse!

2. "whether it is fictional or non-fictional", "facts and ideas are not protected by copyright".

3. not the "heart of the work", "an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law". The thumbnail images used by Google for its image search program contain the "heart of the work" but being transformative were found to be fairuse!

4. "burden of proof here rests on the copyright owner", not "a direct market substitute for the original work" nor "a licensing market."

Additional factors:

a. "acknowledgement of the copyrighted source", attribution when available and any of the above free use factors including not the whole "copyrighted book without permission". The thumbnail images used by Google for its image search program do not contain any "acknowledgement of the copyrighted source", do contain a disclaimer that images may be copyrighted but being transformative were found to be fairuse!

Exemption Doctrine Policies
See Non-free content criteria. When fair use content meets the above criteria "When is fair use, free use", exemption doctrine policies no longer apply.

FYI: regarding point 3. above, United States fair use case law has established that fair use is "an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law". Transformative use with or without the "heart of the work", an expressly authorized right is free use.

When is fair use, not free use

 * 1) When an image occurs on a website that restricts image use to education, teaching and research, such as v:File:Betelgeuse PK.png on "SpS5 - III. Matter ejection and feedback" at http://inspirehep.net/record/1190619?ln=en, the image can be used per  but may not be free use or  except when used as a thumbnail. Exemption Doctrine Policies may also not apply to such an image because of the permission restriction, but the image is free for non-commercial uses such as education, teaching and research, and likely free for commercial use as a thumbnail when it appears in a resource.
 * 2) "A Creative Commons NonCommercial license (CC NC, CC BY-NC or NC license) is a Creative Commons license which a copyright holder can apply to their media to give public permission for anyone to reuse that media only for noncommercial activities." But: "Works distributed under the Creative Commons Non-Commercial license are not compatible with many open-content sites, including Wikipedia, which explicitly allow and encourage some commercial uses."