Thread:Janus100/@comment-28398720-20160726205730/@comment-27794543-20160824092650

Fairuse distinguish between commercial nature and nonprofit educational purposes. I understand your argument that fairuse policy cannot apply to wikia Fair use doesn't exclude for-profit use – it does give more leniency to non-profit educational use. Since for-profit groups don't have that leniency, they need to be more careful. Regardless, fair use requires user to minimize the amount of the copyrighted material used and to do something transformative. Neither of which is done in the case of transcripts on this wikia.

So as before, what I intended to ask was how this disclaimer fits within our current use policy. It does nothing. We might as well put that disclaimer before every paragraph we write on every page on this wikia, because this entire Wikia is user interpretation.

I like the proposed disclaimer exactly because it only pertains to our own work ... And dont restate things already covered by wikia policy Explain to me why we need to disclaim user interpretation in transcripts and not anywhere else on this wikia? Explain to me why it's not covered by "wikia policy" while plot summaries, character personality, etc. (a.k.a. user interpretation) are covered by "wikia policy"?

we don't have GOT agreement so no need to add ("The CW may request...") which may imply we have some sort of agreement with the CW, because otherwise fair use they don't. It's because we don't have an agreement with CW that it's good to have "The CW may request...". We're saying we want to cooperate and if the copyright owner doesn't like the use of their copyrighted material, we'll remove it immediately. Nowhere does it imply any sort of permission from the CW. You're comparing it to GOT's statement which talks about an agreement and projecting it to this disclaimer. On the other hand, your proposed disclaimer "may not be reproduced commercially without permission from The CW" does imply we have permission from the CW since Wikia is a for-profit company. I don't understand your statement of "because otherwise fair use they don't." Fair use has nothing to do with it, that is why neither of the proposed disclaimers mention it.

p.s. the way I look at it, is that CW scripts are copyrighted material Basically everything is copyrighted: scripts, episodes, images, and any portion of them. That means the entire dialogue of the episode is copyrighted.

our second hand reproduction are very different [from the scripts], and include a lot of scene interpretation. It doesn't matter if our scene descriptions differ from the scripts. The episode's dialogue is copyrighted. Even if the episode's dialogue differs from the script, it still won't matter. The dialogue itself is copyrighted and us writing it down doesn't make it less copyrighted. The statement that our transcripts have "a lot of scene interpretation" is a joke since we barely have any scene descriptions. Btw, describing a scene is not transformative, so adding more descriptions is not going to make it fair use. The dialogue is still copyrighted material and it makes up the vast majority of the page.

To conclude, I disagree with the entire 'disclaimer':
 * "This transcript is intended for educational and promotional purposes only, and may not be reproduced commercially without permission from The CW. The description contained herein represents viewers' secondhand experience of CW's The 100."


 * We're not an educational site and we don't have any agreement promote the show. Saying this is for "promotional purposes" may imply we have some ownership and we're promoting our property. Since both "educational and promotional purposes" are false, I prefer "informational purposes".
 * "may not be reproduced commercially without permission from The CW" implies we have permission from the CW since Wikia is a commercial organization.
 * "viewers' secondhand experience" doesn't make sense, implying that the wikia contributor wrote the description based on another person's experience of watching the show.
 * This 'disclaimer' disclaims our own work, i.e. the descriptions, instead of disclaiming the copyrighted material. Basically the opposite of what we need to be disclaiming.