WikiQueer:Copyrights

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Important note: The Aequalitas Project does not own copyright on WikiQueer article texts and illustrations. It is therefore pointless to email our contact addresses asking for permission to reproduce articles or images, even if rules at your company or school or organization mandate that you ask web site operators before copying their content.

The only WikiQueer content you should contact the Aequalitas Project about is the trademarked WikiQueer/Aequalitas Project logos, which are not freely usable without permission.

Permission to reproduce and modify text on WikiQueer has already been granted to anyone anywhere by the authors of individual articles as long as such reproduction and modification complies with licensing terms (see below and WikiQueer:Mirrors and forks for specific terms). Images may or may not permit reuse and modification; the conditions for reproduction of each image should be individually checked. The only exceptions are those cases in which editors have violated WikiQueer policy by uploading copyrighted material without authorization, or with copyright licensing terms which are incompatible with those WikiQueer authors have applied to the rest of WikiQueer content. While such material is present on WikiQueer (before it is detected and removed), it will be a copyright violation to copy it. For permission to use it, one must contact the owner of the copyright of the text or illustration in question; often, but not always, this will be the original author.

If you wish to reuse content from WikiQueer, first read the Reusers' rights and obligations section. You should then read the Creative Commons Attribution-ShareAlike 3.0 Unported License and the GNU Free Documentation License.

The text of WikiQueer is copyrighted (automatically, under the Berne Convention) by WikiQueer editors and contributors and is formally licensed to the public under one or several liberal licenses. Most of WikiQueer's text and many of its images are co-licensed under the Creative Commons Attribution-Sharealike 3.0 Unported License (CC-BY-SA) and the GNU Free Documentation License (GFDL) (unversioned, with no invariant sections, front-cover texts, or back-cover texts). Some text has been imported only under CC-BY-SA and CC-BY-SA-compatible license and cannot be reused under GFDL; such text will be identified either on the page footer, in the page history or the discussion page of the article that utilizes the text. Every image has a description page which indicates the license under which it is released or, if it is non-free, the rationale under which it is used.

The licenses WikiQueer uses grant free access to our content in the same sense that free software is licensed freely. WikiQueer content can be copied, modified, and redistributed if and only if the copied version is made available on the same terms to others and acknowledgment of the authors of the WikiQueer article used is included (a link back to the article is generally thought to satisfy the attribution requirement; see below for more details). Copied WikiQueer content will therefore remain free under appropriate license and can continue to be used by anyone subject to certain restrictions, most of which aim to ensure that freedom. This principle is known as copyleft in contrast to typical copyright licenses.

To this end,

  • Permission is granted to copy, distribute and/or modify WikiQueer's text under the terms of the Creative Commons Attribution-ShareAlike 3.0 Unported License and, unless otherwise noted, the GNU Free Documentation License. unversioned, with no invariant sections, front-cover texts, or back-cover texts.
  • A copy of the Creative Commons Attribution-ShareAlike 3.0 Unported License is included in the section entitled "WikiQueer:Text of Creative Commons Attribution-ShareAlike 3.0 Unported License"
  • A copy of the GNU Free Documentation License is included in the section entitled "GNU Free Documentation License".
  • Content on WikiQueer is covered by disclaimers.

The English text of the CC-BY-SA and GFDL licenses is the only legally binding restriction between authors and users of WikiQueer content. What follows is our interpretation of CC-BY-SA and GFDL, as it pertains to the rights and obligations of users and contributors.

Contributors' rights and obligations[edit]

If you contribute text directly to WikiQueer, you thereby license it to the public for reuse under CC-BY-SA and GFDL (unversioned, with no invariant sections, front-cover texts, or back-cover texts). Non-text media may be contributed under a variety of different licenses that support the general goal of allowing unrestricted re-use and re-distribution. See Guidelines for images and other media files, below.

If you want to import text that you have found elsewhere or that you have co-authored with others, you can only do so if it is available under terms that are compatible with the CC-BY-SA license. You do not need to ensure or guarantee that the imported text is available under the GNU Free Documentation License, unless you are its sole author. Furthermore, please note that you cannot import information which is available only under the GFDL. In other words, you may only import text that is (a) single-licensed under terms compatible with the CC-BY-SA license or (b) dual-licensed with the GFDL and another license with terms compatible with the CC-BY-SA license. If you are the sole author of the material, you must license it under both CC-BY-SA and GFDL.

If the material, text or media, has been previously published and you wish to donate it to WikiQueer under appropriate license, you will need to verify copyright permission through one of our established procedures. See WikiQueer:Donating copyrighted materials for details. If you are not a copyright holder, you will still need to verify copyright permission; see the Using copyrighted work from others section below.

You retain copyright to materials you contribute to WikiQueer, text and media. Copyright is never transferred to WikiQueer. You can later republish and relicense them in any way you like. However, you can never retract or alter the license for copies of materials that you place here; these copies will remain so licensed until they enter the public domain when your copyright expires (currently some decades after an author's death).

Using copyrighted work from others[edit]

Shortcut:

All creative works are copyrighted, by international agreement, unless either they fall into the public domain or their copyright is explicitly disclaimed. Generally, WikiQueer must have permission to use copyrighted works. There are some circumstances under which copyrighted works may be legally utilized without permission; see WikiQueer:Non-free content for specific details on when and how to utilize such material. However, it is our goal to be able to freely redistribute as much of WikiQueer's material as possible, so original images and sound files licensed under CC-BY-SA and GFDL (unversioned, with no invariant sections, front-cover texts, or back-cover texts) or in the public domain are greatly preferred to copyrighted media files used under fair use or otherwise.

If you want to import media (including text) that you have found elsewhere, and it does not meet the non-free content policy and guideline, you can only do so if it is public domain or available under terms that are compatible with the CC-BY-SA license. If you import media under a compatible license which requires attribution, you must, in a reasonable fashion, credit the author(s). You must also in most cases verify that the material is compatibly licensed or public domain. If the original source of publication contains a copyright disclaimer or other indication that the material is free for use, a link to it on the media description page or the article's talk page may satisfy this requirement. If you obtain special permission to use a copyrighted work from the copyright holder under compatible terms, you must make a note of that fact (along with the relevant names and dates) and verify this through one of several processes. See WikiQueer:Requesting copyright permission for the procedure for asking a copyright holder to grant a usable license for their work and for the processes for verifying that license has been granted.

Never use materials that infringe the copyrights of others. This could create legal liabilities and seriously hurt WikiQueer. If in doubt, write the content yourself, thereby creating a new copyrighted work which can be included in WikiQueer without trouble.

Note that copyright law governs the creative expression of ideas, not the ideas or information themselves. Therefore, it is legal to read an encyclopedia article or other work, reformulate the concepts in your own words, and submit it to WikiQueer, so long as you do not follow the source too closely. (See our Copyright FAQ for more on how much reformulation may be necessary as well as the distinction between summary and abridgment.) However, it would still be unethical (but not illegal) to do so without citing the original as a reference.

Linking to copyrighted works[edit]

Shortcuts:

Since most recently-created works are copyrighted, almost any WikiQueer article which cites its sources will link to copyrighted material. It is not necessary to obtain the permission of a copyright holder before linking to copyrighted material, just as an author of a book does not need permission to cite someone else's work in their bibliography. Likewise, WikiQueer is not restricted to linking only to CC-BY-SA or open-source content.

However, if you know or reasonably suspect that an external Web site is carrying a work in violation of the creator's copyright, do not link to that copy of the work. An example would be linking to a site hosting the lyrics of many popular songs without permission from their copyright holders. Knowingly and intentionally directing others to a site that violates copyright has been considered a form of contributory infringement in the United States (Intellectual Reserve v. Utah Lighthouse Ministry [1]). Linking to a page that illegally distributes someone else's work sheds a bad light on WikiQueer and its editors. The copyright status of Internet archives in the United States is unclear, however. It is currently acceptable to link to internet archives such as the Wayback Machine, which host unmodified archived copies of webpages taken at various points in time. In articles about a website, it is acceptable to include a link to that website even if there are possible copyright violations somewhere on the site.

Context is also important; it may be acceptable to link to a reputable website's review of a particular film, even if it presents a still from the film (such uses are generally either explicitly permitted by distributors or allowed under fair use). However, linking directly to the still of the film removes the context and the site's justification for permitted use or fair use.

Copyright violations[edit]

Contributors who repeatedly post copyrighted material despite appropriate warnings may be blocked from editing by any administrator to prevent further problems.

If you suspect a copyright violation, you should at least bring up the issue on that page's discussion page. Others can then examine the situation and take action if needed. Some cases will be false alarms. For example, text that can be found elsewhere on the Web that was in fact copied from WikiQueer in the first place is not a copyright violation on WikiQueer's part.

If a page contains material which infringes copyright, that material – and the whole page, if there is no other material present – should be removed. See WikiQueer:Copyright violations for more information, and WikiQueer:Copyright problems for detailed instructions.

Guidelines for images and other media files [edit]

Images, photographs, video and sound files, like written works, are subject to copyright. Someone holds the copyright unless they have been explicitly placed in the public domain. Images, video and sound files on the internet need to be licensed directly from the copyright holder or someone able to license on their behalf. In some cases, fair use guidelines may allow them to be used irrespective of any copyright claims; see WikiQueer:Non-free content for more.

Image description pages must be tagged with a special tag to indicate the legal status of the images, as described at WikiQueer:Image copyright tags. Untagged or incorrectly-tagged images will be deleted.

Questions about media copyright may be directed to WikiQueer:Media copyright questions, which is generally staffed by volunteers familiar with WikiQueer's media copyright guidelines and policies.

Governing copyright law[edit]

The Aequalitas Project is based in the United States and accordingly governed by United States copyright law. Regardless, WikiQueer contributors should respect the copyright law of other nations, even if these do not have official copyright relations with the United States.

A brief summary of non-U.S. copyright laws, including guidelines on determining copyright status of the material in the United States, is available at WikiQueer:Non-U.S. copyrights.

Works by the United States Federal Government[edit]

Works produced by civilian and military employees of the United States federal government in the scope of their employment are public domain by statute in the United States (though they may be protected by copyright outside the U.S.). It is not enough that the employee was working at the time; he/she must have made the work as part of his/her duties (e.g. a soldier who takes a photograph with his/her personal camera while on patrol in Iraq owns the copyright to the photo, but it may find its way onto a unit webpage or otherwise be licensed to the government).

However, not every work republished by the U.S. government falls into this category. The U.S. government can own copyrights that are assigned to it by others – for example, works created by contractors.

United States Code; Title 17; Chapter 1; § 105 Subject matter of copyright; United States Government works.

Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.US Code

Moreover, images and other media found on .mil and .gov websites may be using commercial stock photography owned by others. It may be useful to check the privacy and security notice of the website, but only with an email to the webmaster can you be confident that an image is in the public domain.

See WikiQueer:Public domain#U.S. government works for further information. But note that while the United States government does not claim copyright protection on its own works, governments outside the U.S. often do claim copyright over works produced by their employees (for example, Crown copyright in the United Kingdom).

Works by state governments of the United States[edit]

In addition, most state and local governments in the United States do not release their work into the public domain and do in fact own the copyright to their work. Please make sure to check copyright information before using their work.

Reusers' rights and obligations[edit]

The only WikiQueer content you should contact the Aequalitas Project about is the trademarked WikiQueer/Aequalitas Project logos, which are not freely usable without permission (members of the media, contact us). If you want to use other WikiQueer materials in your own books/articles/websites or other publications, you can do so, unless it is used under the non-free content provisions—but only in compliance with the licensing terms. Please follow the guidelines below:

Re-use of text[edit]

Attribution
To re-distribute text on WikiQueer in any form, provide credit to the authors either by including a) a hyperlink (where possible) or URL to the page or pages you are re-using, b) a hyperlink (where possible) or URL to an alternative, stable online copy which is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on this website, or c) a list of all authors. (Any list of authors may be filtered to exclude very small or irrelevant contributions.) This applies to text developed by the WikiQueer community. Text from external sources may attach additional attribution requirements to the work, which should be indicated on an article's face or on its talk page. For example, a page may have a banner or other notation indicating that some or all of its content was originally published somewhere else. Where such notations are visible in the page itself, they should generally be preserved by re-users.
Copyleft/Share Alike
If you make modifications or additions to the page you re-use, you must license them under the Creative Commons Attribution-Share-Alike License 3.0 or later.
Indicate changes
If you make modifications or additions, you must indicate in a reasonable fashion that the original work has been modified. If you are re-using the page in a wiki, for example, indicating this in the page history is sufficient.
Licensing notice
Each copy or modified version that you distribute must include a licensing notice stating that the work is released under CC-BY-SA and either a) a hyperlink or URL to the text of the license or b) a copy of the license. For this purpose, a suitable URL is: http://creativecommons.org/licenses/by-sa/3.0/

For further information, please refer to the legal code of the CC-BY-SA License.

Additional availability of text under the GNU Free Documentation License[edit]

For compatibility reasons, any page which does not incorporate text that is exclusively available under CC-BY-SA or a CC-BY-SA-compatible license is also available under the terms of the GNU Free Documentation License. In order to determine whether a page is available under the GFDL, review the page footer, page history, and discussion page for attribution of single-licensed content that is not GFDL-compatible. All text published before June 15th, 2009 on WikiQueer was released under the GFDL, and you may also use the page history to retrieve content published before that date to ensure GFDL compatibility.

Re-use of non-text media[edit]

Where not otherwise noted, non-text media files are available under various free culture licenses, consistent with the WikiQueer Licensing Policy. Please view the media description page for details about the license of any specific media file.

Non-free materials and special requirements[edit]

WikiQueer articles may also include quotations, images, or other media under the U.S. Copyright law "fair use" doctrine in accordance with our guidelines for non-free content. In WikiQueer, such "fair use" material should be identified as from an external source by an appropriate method (on the image description page, or history page, as appropriate; quotations should be denoted with quotation marks or block quotation in accordance with WikiQueer's manual of style). This leads to possible restrictions on the use, outside of WikiQueer, of such "fair use" content retrieved from WikiQueer: this "fair use" content does not fall under the CC-BY-SA or GFDL license as such, but under the "fair use" (or similar/different) regulations in the country where the media are retrieved.

Prior to June 15, 2009, Wikipedia did permit some text under licenses that were compatible with the GFDL but might require additional terms that were not required for original Wikipedia text (such as including Invariant Sections, Front-Cover Texts, or Back-Cover Texts). However, these materials could only be placed if the original copyright holders did not require that they be carried forward; for that reason, they impose no special burden for reuse on WikiQueer.

If you are the owner of WikiQueer-hosted content being used without your permission[edit]

If you are the owner of content that is being used on WikiQueer without your permission, then you may request the page be immediately removed from WikiQueer; see Request for immediate removal of copyright violation. You can also contact us to have it permanently removed (but it may take a couple weeks for the page to be deleted that way). You may also blank the page and replace it with the words {{copyvio|URL or place you published the text}} but the text will still be in the page history. Either way, we will, of course, need some evidence to support your claim of ownership.

Inversely, if you are the editor of a WikiQueer article and have found a copy hosted without following the licensing requirements for attribution, please see WikiQueer:Standard license violation letter.

See also[edit]

Further discussion...