That's a valid point, but I'm coming at it from different direction:  
works that are public domain in the country of origin but not in the  
US. I don't view that as gaming the copyright system, as I'm based in  
the UK and I don't view Wikimedia as an American website/set of  
projects. If a UK photographer's works are public domain in the UK  
but not in the US, there shouldn't be anything stopping me uploading  
them to (some variant of) Commons and tagging them as life+70 but not  
US-PD.

Mike

On 9 Feb 2010, at 09:00, Rama Neko wrote:

> We do not game copyright laws in this way.
>
> You can see an example with Heinrich Hoffman's photographs: the USA
> consider them to be in the Public Domain in apparent disregard for
> international law on copyright; these photographs are protected by
> copyright  in Germany, where they are the object of very proprietary
> publications. The policy on Commons is that we do not accept such
> images.
>
> -- Rama
>
> On 09/02/2010, Michael Peel <em...@mikepeel.net> wrote:
>>
>> On 8 Feb 2010, at 23:05, Ken Arromdee wrote:
>>
>>> This is also a particular problem with pictures of living people,
>>> since we've
>>> been told that since it's *possible* to take another picture of a
>>> living
>>> person, all non-free images of living people are prohibited.  The
>>> official
>>> way of interpreting "it's possible to" takes no consideration of
>>> just how
>>> possible it is.  In any other context this would be considered
>>> rules-lawyering--
>>> we're basically officially rules-lawyering our own policies.
>>
>> Personally, I think we should remove all non-free images from all
>> language Wikipedias (and everywhere else they occur) - as they make
>> it difficult to get freely licensed content off people that already
>> have that content. Case study: I emailed ESA to ask for a photograph
>> of a satellite to use in an article; they provided a 200 pixel image
>> I could use as 'fair use' in return. In the past, we weren't big
>> enough to have any leverage to get that content released - but now we
>> are, and we could have that leverage if we want to take advantage  
>> of it.
>>
>> However, that is somewhat separate from the question of images that
>> are in the public domain _somewhere_. It is somewhat crazy that US
>> laws dictate what public domain materials you can upload to Wikipedia
>> etc - irrespective of what laws apply in your own country.
>>
>> One possibility that might be worth investigating is something like
>> Wikilivres - which holds books that are out of copyright in Canada
>> (life+50 years) but not in the US. It can do that as its servers are
>> based in Canada. Could we do something similar with Wikimedia
>> Commons? i.e. host multimedia content on a server in a different
>> geographical area, and then have that linked in with Wikipedia in the
>> same way that Commons currently is? There shouldn't be any concerns
>> about having thumbnail images of these works on Wikipedia, as these
>> are all done under fair use anyway (e.g. all of those uncredited CC-
>> BY-SA images...).
>>
>> Mike
>>
>> _______________________________________________
>> Commons-l mailing list
>> Commons-l@lists.wikimedia.org
>> https://lists.wikimedia.org/mailman/listinfo/commons-l
>>
>
> _______________________________________________
> Commons-l mailing list
> Commons-l@lists.wikimedia.org
> https://lists.wikimedia.org/mailman/listinfo/commons-l


_______________________________________________
Commons-l mailing list
Commons-l@lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/commons-l

Reply via email to