Wikiversity:Exemption Doctrine Policy

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See Wikiversity:Uploading files#Exemption Doctrine Policy

This page is a draft policy, the current policy is at the above-linked page section.

As a first draft for a revised policy, the existing policy is copied below:

Exemption Doctrine Policy[edit source]

Government regulation of copyright in the United States exists to promote "Science and useful Arts". There is a long history of defining special considerations for the use of copyrighted material in educational contexts. The primary goal of this policy is to create a fair use policy that is suited to the education-oriented mission of Wikiversity. Wikiversity permits a limited amount of fair use content under strictly defined circumstances that are deliberately intended to respect United States fair use law. Wikiversity can include "fair use content" if all of the following criteria are met, or if the usage meets a specifically stated exception.

  1. Copyrighted works can only be used at Wikiversity under the fair use doctrine if such use has an obvious educational value that contributes directly to the Wikiversity mission. Fair use content is used only if its presence can significantly increase understanding of the topic and if its omission would be detrimental to that understanding.
  2. Wikiversity content that is used under the fair use doctrine must have no free equivalent. Wikiversity content that is used under the fair use doctrine should, when possible, be replaced with equivalent content that is available under a copyleft license or that exists in the public domain.
  3. Wikiversity content that is used under the fair use doctrine must not decrease the market value of any copyrighted works.
  4. Requests from copyright holders that copyrighted content be removed from Wikiversity are honored. If copyright holders decide that they do not accept a fair use rationale used at Wikiversity, then the copyrighted material cannot be used at Wikiversity.
  5. Wikiversity content that is used under the fair use doctrine is used as little as possible and only in order to attain a specific educational goal. Multiple items are not used if one will suffice. An entire copyrighted work is not used if a portion will suffice. Low- rather than high-resolution/fidelity/sample length is used when possible. Even low-resolution/fidelity or short samples cannot be used under the fair use doctrine at Wikiversity if such use allows for piracy or other re-use that will decrease the market value of the copyrighted work.
  6. Wikiversity content that is used under the fair use doctrine must be properly attributed to the copyright holder.
  7. Fair use content is only allowed in learning resources in the main Namespace and on media file description pages in the image namespace. If a media file containing copyrighted content is used, the image description page must contain a description of the intended educational use of the media file.
  8. Media files containing copyrighted material that do not comply with the intent and spirit of this policy can be deleted by custodians at any time. Text on Wikiversity pages that quotes a copyrighted work and that does not satisfy the spirit of this policy can be removed by any editor at any time.