Really sad news. An enthusiastic photographer that has no more benefit than
the satisfaction of sharing knowledge to the world, gets charged and loses
a lawsuit. I think that the movement has to provide an answer, otherwise we
should protect photographers who may be not aware of this risk. I run a
quick check and realised that we have e.g. hundreds of images from the
Glyptothek a museum in Munich with significant greek and roman scultpures
under

https://commons.wikimedia.org/wiki/Category:Glyptothek_Munich_-_Permanent_collections

But, unfortunately we are not supposed to have them without an explizit
authorisation:
http://www.antike-am-koenigsplatz.mwn.de/fileadmin/user_upload/Sonstiges/12-03-09_Auflagen_Foto_Film.pdf
and the list could be long...

Now, what should we do about it? wait and see or delete?

El jue., 20 dic. 2018 a las 14:50, Sebastian Rittau via Commons-l (<
[email protected]>) escribió:

> On 20.12.18 14:16, Fæ via Commons-l wrote:
>
> Is there going to be an appeal?
>
> Appeal won't be possible. This already was a ruling by Germany's highest
> court. Going by the linked summary there are two cases to distinguish:
>
>    - Photographs by the museum are under "Lichtbildschutz" (50 years post
>    publication, not full 70pma), because the photographer has multiple options
>    concerning several parameters. (This verdict seems wrong, because there
>    aren't the mentioned parameters are fixed in repro photography. Again the
>    BGH shows its incompetency regarding photography. But it is as it is.)
>    - Photographs by a visitor are a contract violation. The photographer
>    is liable to restitution. In this case by not uploading the images any
>    further. There is nothing about redistribution by third parties, though.
>
>  - Sebastian
>
>
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