[Foundation-l] Copyright and cakes...

2012-03-05 Thread Richard Symonds

Silly question for you all:

Is http://commons.wikimedia.org/wiki/File:Wikimedia_cake.jpg actually 
copyrighted to the WMF as a WMF logo? The cake was made for Wikimedia 
UK, so it's technically a derivative work, perhaps...


Any ideas what the copyright status of this should be? Does the author 
(Jezhotwells) have the ability to release it under a free licence, if 
s/he wishes?


Richard Symonds
Office  Development Manager
Wikimedia UK
+44 (0) 207 065 0992
--
Wikimedia UK is the operating name of Wiki UK Limited, a Charitable Company
Registered in England and Wales, No: 6741827. Charity No:1144513 Office: 4th 
Floor, Development House,  56-64 Leonard Street,
London EC2A 4LT.
Wikimedia UK is the local chapter of the Wikimedia Foundation (who operate
Wikipedia, amongst other projects). It is an independent non-profit
organization with no legal control over Wikipedia nor responsibility for
its contents.


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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Lodewijk
The cake designer can only release his/her part of the creative process
under a free license (baking the cake/making the photo). I would suggest to
just specifiy that the logo-part is copyright WMF, the photographic and
cake-baking component to be released under CC-BY (not -SA to avoid the SA
clause to make things complicated). That way everyone with permission of
the WMF can reuse the design if wanted.

Lodewijk

No dia 5 de Março de 2012 15:54, Richard Symonds 
richard.symo...@wikimedia.org.uk escreveu:

 Silly question for you all:

 Is 
 http://commons.wikimedia.org/**wiki/File:Wikimedia_cake.jpghttp://commons.wikimedia.org/wiki/File:Wikimedia_cake.jpgactually
  copyrighted to the WMF as a WMF logo? The cake was made for
 Wikimedia UK, so it's technically a derivative work, perhaps...

 Any ideas what the copyright status of this should be? Does the author
 (Jezhotwells) have the ability to release it under a free licence, if s/he
 wishes?

 Richard Symonds
 Office  Development Manager
 Wikimedia UK
 +44 (0) 207 065 0992
 --
 Wikimedia UK is the operating name of Wiki UK Limited, a Charitable Company
 Registered in England and Wales, No: 6741827. Charity No:1144513 Office:
 4th Floor, Development House,  56-64 Leonard Street,
 London EC2A 4LT.
 Wikimedia UK is the local chapter of the Wikimedia Foundation (who operate
 Wikipedia, amongst other projects). It is an independent non-profit
 organization with no legal control over Wikipedia nor responsibility for
 its contents.


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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread geni
On 5 March 2012 14:54, Richard Symonds richard.symo...@wikimedia.org.uk wrote:
 Silly question for you all:

 Is http://commons.wikimedia.org/wiki/File:Wikimedia_cake.jpg actually
 copyrighted to the WMF as a WMF logo? The cake was made for Wikimedia UK, so
 it's technically a derivative work, perhaps...

Its a derivative work. Technically the cake is a copyvio.


 Any ideas what the copyright status of this should be?

The one it is tagged under is about as close as commons could get.

 Does the author
 (Jezhotwells) have the ability to release it under a free licence, if s/he
 wishes?

No but if they put it on permanent display in a public place the photo
would probably be totally fine under UK freedom of panorama law.

-- 
geni

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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Chris Keating



  Does the author
  (Jezhotwells) have the ability to release it under a free licence, if
 s/he
  wishes?

 No but if they put it on permanent display in a public place the photo
 would probably be totally fine under UK freedom of panorama law.


I suspect a court would hold that the set of cakes is disjoint from the
set of objects on permanent display, and thus that a photograph of cake
can never benefit from freedom of panorama.

 #nomnomnomnomnom

Chris
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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Thomas Dalton
On 5 March 2012 20:22, geni geni...@gmail.com wrote:
 On 5 March 2012 14:54, Richard Symonds richard.symo...@wikimedia.org.uk 
 wrote:
 Silly question for you all:

 Is http://commons.wikimedia.org/wiki/File:Wikimedia_cake.jpg actually
 copyrighted to the WMF as a WMF logo? The cake was made for Wikimedia UK, so
 it's technically a derivative work, perhaps...

 Its a derivative work. Technically the cake is a copyvio.

It was made for WMUK and WMUK has standing permission to use the logo
for certain purposes, which could probably be interpreted as including
cakes. Therefore, I don't think the cake is a copyvio.

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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Mike Christie
On Mon, Mar 5, 2012 at 3:40 PM, Chris Keating chriskeatingw...@gmail.comwrote:

 I suspect a court would hold that the set of cakes is disjoint from the
 set of objects on permanent display, and thus that a photograph of cake
 can never benefit from freedom of panorama.


You mean we can't have the cake and eat it too?

Mike
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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Chris Keating
On Mon, Mar 5, 2012 at 8:45 PM, Mike Christie coldchr...@gmail.com wrote:

 On Mon, Mar 5, 2012 at 3:40 PM, Chris Keating chriskeatingw...@gmail.com
 wrote:

  I suspect a court would hold that the set of cakes is disjoint from the
  set of objects on permanent display, and thus that a photograph of cake
  can never benefit from freedom of panorama.
 

 You mean we can't have the cake and eat it too?


That's another corollary ;-)
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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread geni
On 5 March 2012 20:40, Chris Keating chriskeatingw...@gmail.com wrote:
 I suspect a court would hold that the set of cakes is disjoint from the
 set of objects on permanent display, and thus that a photograph of cake
 can never benefit from freedom of panorama.

Well you say that but slices of Charles and Diana's wedding cake have
turned up at auction as recently as 2008.



-- 
geni

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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread David Gerard
On 5 March 2012 22:07, geni geni...@gmail.com wrote:
 On 5 March 2012 20:40, Chris Keating chriskeatingw...@gmail.com wrote:

 I suspect a court would hold that the set of cakes is disjoint from the
 set of objects on permanent display, and thus that a photograph of cake
 can never benefit from freedom of panorama.

 Well you say that but slices of Charles and Diana's wedding cake have
 turned up at auction as recently as 2008.


I wonder how many cakes you would have if you assembled all the fragments.


- d.

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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Lodewijk
eating the cake would damage the moral rights of the logo author. Since he
cannot give general permission to violate moral rights, eating the cake
would be illegal.

No dia 5 de Março de 2012 23:08, David Gerard dger...@gmail.com escreveu:

 On 5 March 2012 22:07, geni geni...@gmail.com wrote:
  On 5 March 2012 20:40, Chris Keating chriskeatingw...@gmail.com wrote:

  I suspect a court would hold that the set of cakes is disjoint from
 the
  set of objects on permanent display, and thus that a photograph of
 cake
  can never benefit from freedom of panorama.

  Well you say that but slices of Charles and Diana's wedding cake have
  turned up at auction as recently as 2008.


 I wonder how many cakes you would have if you assembled all the fragments.


 - d.

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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Thomas Dalton
On 5 March 2012 23:14, Lodewijk lodew...@effeietsanders.org wrote:
 eating the cake would damage the moral rights of the logo author. Since he
 cannot give general permission to violate moral rights, eating the cake
 would be illegal.

If you take a slice out of the cake, that could be an issue since you
have created a new work that negatively portrays the logo. I think the
only option is the eat the entire cake at once.

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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Michael Peel
Best all around to simply destroy the evidence (by eating it?).

... can this topic end now? Or be moved on-wiki so that it can be filed under 
WP:SILLY?

Thanks,
Mike

On 5 Mar 2012, at 23:23, Thomas Dalton wrote:

 On 5 March 2012 23:14, Lodewijk lodew...@effeietsanders.org wrote:
 eating the cake would damage the moral rights of the logo author. Since he
 cannot give general permission to violate moral rights, eating the cake
 would be illegal.
 
 If you take a slice out of the cake, that could be an issue since you
 have created a new work that negatively portrays the logo. I think the
 only option is the eat the entire cake at once.
 
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Re: [Foundation-l] Copyright and cakes...

2012-03-05 Thread Mike Christie
You're right, the topic is done. Filing it under WP:SILLY would be the
icing on the cake.

On Mon, Mar 5, 2012 at 6:30 PM, Michael Peel
michael.p...@wikimedia.org.ukwrote:

 Best all around to simply destroy the evidence (by eating it?).

 ... can this topic end now? Or be moved on-wiki so that it can be filed
 under WP:SILLY?

 Thanks,
 Mike

 On 5 Mar 2012, at 23:23, Thomas Dalton wrote:

  On 5 March 2012 23:14, Lodewijk lodew...@effeietsanders.org wrote:
  eating the cake would damage the moral rights of the logo author. Since
 he
  cannot give general permission to violate moral rights, eating the cake
  would be illegal.
 
  If you take a slice out of the cake, that could be an issue since you
  have created a new work that negatively portrays the logo. I think the
  only option is the eat the entire cake at once.
 
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