Adam, I am unclear exactly what rights and protections you would like on
your work.  I am not qualified to comment on the le

On Sun, Jul 8, 2012 at 1:13 PM, Adam Cuerden <[email protected]> wrote:

> With all respect, Geni, it's clear you've never done a restoration. In
> cases where information is missing, it's necessary to fill it in.
> While this may not have been the most major restoration I've done,
> there were still many areas where information had to be recreated: one
> man had a long scratch through his eye, which meant I had to recreate
> the area in the scratch; there were blank areas on the legs of one
> person, which meant fixing the wrinkles over them, and so on. It's a
> lot of small, little artistic decisions, which are necessary in order
> to make things look right. Would other decisions work just as well?
> Possibly. But the very act of restoration necessarily means making
> such decisions.
>
> On Sun, Jul 8, 2012 at 5:59 PM, Adam Cuerden <[email protected]> wrote:
> > Can you please reread
> >
> http://commons.wikimedia.org/wiki/Commons:Licensing#Interaction_of_United_States_copyright_law_and_non-US_copyright_law
> > ? PD-Art never once talks about anything more than a simple photograph
> > of the art in question, and is thus inapplicable. Further, I don't
> > live in Cote d'Ivoire. If I did, the section I just linked says that
> > Côte d'Ivoirian law would apply.
> >
> > It would seem that you're ignoring the relevant policy:
> >
> > "When uploading material from a country outside the U.S., the
> > copyright laws of that country and the U.S. normally apply."
> > (Commons:Licensing)
> >
> > I did the restoration work in the UK, and am a UK citizen. I don't see
> > how you can claim that UK law is *less* relevant than "the country of
> > residence of the uploader, and the country of location of the web
> > servers of the website", both of which *explicitly* must be satisfied.
> >
> > So, let's look at "Commons:When to use the PD-Art tag"
> >
> > It doesn't apply. It says right at the top: "This page relates to
> > photographs taken from a distance only. For scans/photocopies, see
> > Commons:When to use the PD-scan tag."
> >
> > So, let's look at that page.
> >
> > http://commons.wikimedia.org/wiki/Commons:When_to_use_the_PD-scan_tag
> >
> > "The situation is more complex where the original raw scan has been
> > enhanced on a selective basis, for example by means of some careful
> > work in Photoshop to bring out certain details. This type of
> > enhancement, although of course computer-assisted, may require a
> > significant level of personal creative input, and as a result may
> > generate a new copyright for the person doing the work.
> >
> > "Clearly, where the work done is sufficiently extensive that the
> > result has to be treated as a new artistic work (eg where a black and
> > white original is ‘hand-coloured’), the image cannot be uploaded to
> > Commons without a licence from the new copyright owner."
> >
> > So, in other words, I would appear to be right. If we agree that
> > http://commons.wikimedia.org/wiki/Commons:When_to_use_the_PD-scan_tag
> > applies, it would seem you need to give me credit.
> >
> > Can we agree on this and end it?
> >
> >>
> >> "For example, if a person in the UK uploads a picture that has been
> >> saved off a French website to the Commons server, the upload must be
> >> covered by UK, French and US copyright law."
> >>
> >> The actual commons *policy* is that UK law applies. It even says it
> >> applies if the only interaction with the UK is that someone from the
> >> UK uploaded the thing.
> >>
> >> To argue anything else is to rewrite Commons policy.
>
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