Help with discussion of image use exemptions for navigation uses in the apps
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	• JMinor
	Jun 20 2017, 11:52 PM

Description

What is the problem?

The use of Fair Use images in the apps is a policy gray area. Ideally we'd have the community make an explicit policy decision as to whether fair use images can be used in navigational elements of the app, such as the Explore cards and search results. Legally we are fine, but from a community policy POV its unclear.

See T158125 (a volunteer request based on his interpretation of existing policy) and T162474 which is my goal related to this policy.

How does success of this task look like? How do we know when we are done?

Clarity around the global exemption policy for non-free images with regard to apps. Ideally with similar exemptions as allowed for navigation pop-ups, and without needing to list every use every time. Ie. a blanket policy for non-article, cross project app uses.

Is there any goal, program, project, team related with this request? Please provide links and use the corresponding Phabricator tags when available.

This is mainly driven by the iOS team. There is no specific phab tag for this issue, though see links to tasks above.

What is your expected timeline from start to end? Is there a hard deadline?

None. Ideally we'd get this resolved in a "timely" manner, but there is no hard deadline.

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		Status	Subtype	Assigned	Task
		Resolved		CKoerner_WMF	T168482 Help with discussion of image use exemptions for navigation uses in the apps
		Open		None	T162474 Revisit the app restriction on non-free images in non-article contexts

Event Timeline

• JMinor created this task.Jun 20 2017, 11:52 PM

Restricted Application added a subscriber: Aklapper. · View Herald TranscriptJun 20 2017, 11:52 PM

Not sure how this relate to the project Commons, as the title specify.

• MZMcBride subscribed.Jun 21 2017, 2:27 AM

Hi Josh, just confirming this was seen. Thanks a lot for following the template!

@Josve05a I mentioned Commons as the images affected and the community we would like to talk to are, I maybe incorrectly assumed, active on Commons. I'll edit the description to make it clearer this is not just about Commons.

• JMinor renamed this task from Help with discussion of Commons exemptions for navigation uses in the apps to Help with discussion of image use exemptions for navigation uses in the apps.Jun 22 2017, 6:46 PM

• JMinor moved this task from Needs Triage to PM-Backlog on the Wikipedia-iOS-App-Backlog board.Jul 6 2017, 11:04 PM

@CKoerner_WMF : thoughts? questions?

Fair use images are a gray area everywhere!

I'm catching up a little here, this sounds similar to what was done in regards to Hovercards (Page Previews) for the desktop web on English Wikipedia, but perhaps a little more global/proactively?

There was a proposal, folks discussed, and there was consensus on allowing the feature to operate within policy.

https://en.wikipedia.org/wiki/Wikipedia_talk:Non-free_content/Archive_65#Hovercards

Are we looking for something more broad in scope? Wikimedia-wide? I'm a little fuzzy.

I guess my question really is how much do we want to bite off here? :) If we want to discuss with the communities to allow the apps to use fair use images in a particular way that is one thing. If we want to solidify a gray area across projects and communities that's another.

Either way we should create a clear proposal with the communities assistance, give time for discussion, and then go from there.

@JMinor could you help clarify a little for me please?

Yes, though it may be an easier convo to have on a hangout.

Are we looking for something more broad in scope? Wikimedia-wide? I'm a little fuzzy.
I guess my question really is how much do we want to bite off here?

I would like to be able to design, develop and release features with clarity around what images are allowed/not allowed for those features. Historically we've relied on our strong legal footing to allow the apps to use any available images from the wikis and commons in, basically, any context. Its hugely beneficial to readers to have lead images in navigation and discovery.

But for some community members, particularly Commons participants, this is or could be problematic, or at least worth discussion. Legally its allowed, but, my take, that policy is not clear. For hover cards, a clarification allowing for non-free content was carved out by the community. Ideally, me and my team would be able to get a similar clarity that our use of images will not become a point of contention.

CKoerner_WMF added a project: Readers-Community-Engagement.Oct 12 2017, 6:09 PM

Quick update since Josh and I have talked.

This is a significant undertaking and I don't want to disappoint anyone by taking the task and being unable to do anything with it. I also need to discuss with my team and supervisor on "who should" and "how to" do this.

This isn't much of an update, but I want to be honest and transparent. I'm going to follow up with my team for their feedback. For the moment, I'm marking this as stalled on me determining this something Technical Collaboration should be engaged in and how.

Qgil added a subtask: T162474: Revisit the app restriction on non-free images in non-article contexts.Oct 13 2017, 10:00 AM

CKoerner_WMF moved this task from ToDo to Apps on the Readers-Community-Engagement board.Nov 1 2017, 9:59 PM

I promised I'd get some feedback and discuss on what to do with this particular task.

The short answer is that our movement has had extensive discussions and created resulting policy regarding fair use. The apps are following these policies, including exemptions on a local basis. I hope the following provides come clarity.

The Wikimedia projects are for free content. Exceptions exist and they are on a per-site (project/language variant) basis. Like the use of fair-use images. Exceptions, even when similar, have further restrictions, that only careful curation seems to be able to handle. So fair use is the exception, not the rule.

Contributors, on a case-by-case basis decide when to use fair use images - manually and in a context they are familiar with. They should. It keeps us out of trouble in many ways any automated process would fail at. It's going to be much safer to develop algorithms and APIs making the most of the free content that we host and promulgate.

The APIs that the apps use take this into consideration.* Use fair use when possible, Assume local policy for exceptions. (an example of a specific, local exemption)

A note. Since this task and the one mentioned in the description (T158125) were created, task T131105 has been resolved.

Qgil edited projects, added Community-Relations-Support (Oct-Dec 2017); removed Community-Relations-Support.Nov 10 2017, 9:26 PM

Qgil moved this task from Backlog to November on the Community-Relations-Support (Oct-Dec 2017) board.

Qgil awarded a token.

Help with discussion of image use exemptions for navigation uses in the appsClosed, ResolvedPublicActions