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User:Marshallsumter/WP biblio essay

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This is an old revision of this page, as edited by Marshallsumter (talk | contribs) at 04:29, 7 March 2023 (→‎When is fair use, free use). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

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#Policy 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"[1] 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."[2][3]

2. "whether it is fictional or non-fictional.", "facts and ideas are not protected by copyright".[2][4]

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".[2][5][3]

4. "burden of proof here rests on the copyright owner", not "a direct market substitute for the original work." nor "a licensing market."[2]

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".[2]

Exemption Doctrine Policies

See Wikipedia:Non-free content criteria. When fair use content meets the above criteria "When is fair use, free use", exemption doctrine policies may no longer apply.

FYI: regarding point 3. above, as 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",[2] it may include the free inclusion of the "heart of the work" should that be so and when that occurs another factor may need to be added.[3]

References

  1. ^ Mzajac, "hyperlink", Wikimedia Foundation, Inc, San Francisco, California, 28 January 2012, https://en.wiktionary.org/wiki/hyperlink, 2017-09-10.
  2. ^ a b c d e f Wikipedia contributors, "Fair use," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Fair_use&oldid=1142830202 (accessed March 6, 2023).
  3. ^ a b c Wikipedia contributors, "Transformative use," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Transformative_use&oldid=1137418480 (accessed March 7, 2023).
  4. ^ Wikipedia contributors, "Idea–expression distinction," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Idea%E2%80%93expression_distinction&oldid=1126166429 (accessed March 7, 2023).
  5. ^ Wikipedia contributors, "Substantial similarity," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Substantial_similarity&oldid=1136304305 (accessed March 7, 2023).