RE +34:51 Album cover and fair use

I have the idea when I listen to this item that the point that Gerard is trying to make clear why some Wikipedia’s are not using the nude album cover is not understand or at least not like it is intended.

The including or not including of certain possible offensive pictures or what ever type of illustration is always a local
decision made by the community of that wiki.

But before you can possibly include a certain illustration that image must have an acceptable license regardless about what it is about. That is step 1.

Going back to the album cover issue of the nude girl;
http://en.wikipedia.org/wiki/Image:Virgin_Killer.jpg

There is a reason why it is uploaded to EN Wikipedia and not commons. It is used as “fair use”. Fair use, as an US law concept to use copyrighted material is in direct violation of the core mission of Wikipedia to create a free encyclopedia that can be freely used, spread and modified because it contains copyrighted content; the fair use content.

Because most non-English languages Wikipedia still believe in the original mission of Wikipedia to create a truly free encyclopedia the do not allow the inclusion of copyrighted material on there wiki. Especially because using it with be in violation of the local laws regarding copyright. Despite the beliefs of certain people US laws are not applicable in Europa for example.

The end result is off cource that this album cover is not used on most Wikipedias. Not because what is depicted on it but because it is illegal to use it by law and in violation of the objective of the Wikipedia mission.