Thread:Janus100/@comment-28398720-20160726205730/@comment-27794543-20160823080905

I guessed that the disclaimer came from a different wikia. Chances are that the message started on one wikia & got copied to others wikias without any real thought on fair use or U.S. copyright laws (since both Wikia and the CW are U.S. corporations, U.S. laws are the ones that matter). Like I discussed above regarding images, what wikias do is claim fair use when it is NOT fair use. But since copyright owners have better things to do than go after fansites (most the time), they get away with it. There is a difference between getting away with using copyrighted material and claiming you have a legal right to use the copyrighted material (which is what fair use is).


 * Each transcript is the entire dialogue of an entire episode – this is copyrighted material.
 * The descriptions added by wiki contributors is our own work (with the standard disclaimer that we don't own The 100 (similar to how a fanfic is the writer's own work but they don't own the original material)). We might as well put that disclaimer before every plot summary we write on every page on this wikia. (No, I'm not recommending that. I'm saying that it's a ridiculous disclaimer since it only disclaims our own work while ignoring all the copyrighted material that it should be disclaiming.)
 * We don't need a disclaimer for our work (beyond the standard disclaimer on the main page). We do need a disclaimer for the copyrighted material, which is taken directly from the show. If the truth that it was taken directly from the show is too harsh, try
 * "This is a transcript of an episode of The 100. The TV series is copyrighted by The CW. The transcript is intended for informative purposes only and The CW may request its removal at any time."


 * Fair use does not apply with transcripts. It applies in certain cases with images, but this is different.
 * We can't use the non-profit educational clause because Wikia is a for-profit company, not an educational institute. This is a fansite, not a textbook or course material.
 * We are taking the entire dialogue of an entire episode. For fair use, we would minimize the amount of copyrighted material used, i.e. a few quotes, not the entire dialogue.
 * For fair use, we need to do something transformative with the copyrighted material. Adding small descriptions of scenes is NOT transformative. To be transformative it must add something that wasn't in the show, e.g. analysis, review, parody, etc. (Btw, it's not enough to just add transformative material, you must still minimize the amount of copyrighted material used.)
 * As stated above, there is a difference between getting away with using copyrighted material and it being fair use. Fair use means that you are legally allowed to use this material without permission and even if the copyright owner opposes your use. Since this wikia's use doesn't fall within fair use, it means we have no legal grounds. If the CW wants it removed, Wikia will remove it. Though unlikely, the copyright owner may also claim damages or file suit.
 * I've already stated my opinion that most wikias, including this one, only give lip service to copyright laws. I've also stated my opinion that I find the proposed disclaimer ridiculous because it only only disclaims our own work while ignoring all the copyrighted material that it should be disclaiming.

As I said several messages above on this thread, I don't make the policies on this wikia. So if this wikia wants to use a 'disclaimer' that is rubbish, I only have as much say on it as the next user. Since you posted it on my wall, I gave my input. Feel free to ignore it.