Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-31 Thread MZMcBride
Jay Walsh wrote:
 Some notes on this whole process: in the coming year the legal/trademark
 team hopes to make the application system much simpler, and also we expect
 to start publishing a public list of those orgs who have permission to
 reuse the marks in a public setting.  Thereby minimizing the surprise
 factor to someone who just sees our mark being used in a film.  We're also
 moving away from this payment system (although not necessarily completely)
 and instead looking to increase the number of permitted reusers, but also
 to ensure clearly labeled permissions and reuse, and particularly
 important, to clearly label appropriate use of CC works.

Not sure if this has been mentioned, but a bit more background (as I
remember it): when Mike Godwin was still around, there was some preliminary
work on a MediaWiki extension called TradeTrack that would help Wikimedia
and outsiders track trademark usage. I think it fell by the wayside when
Mike left the Wikimedia Foundation and any work on it has mostly stopped. A
bit more info here: https://www.mediawiki.org/wiki/Extension:TradeTrack.

MZMcBride



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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-19 Thread Kim Bruning
On Sun, Dec 18, 2011 at 01:35:03PM +, David Gerard wrote:
 On 18 December 2011 12:38, Mike  Dupont jamesmikedup...@googlemail.com 
 wrote:
 
  Ok. I understand that. Maybe I am getting upset over nothing, but when
  it comes to shutting down people who copy small clips and snippets
  from movies, it seems that the industry also shows no mercy.
 
 
 It would be interesting for press coverage. Well, in real life of
 course, they'd check with legal. But you can in fact reuse many images
 because of free licensing etc NASA public domain blah blah. Might
 provide a useful educational hook.

Let's look at this with the glass half full:

This time, we already did the deal, but in future, couldn't we ask people to do 
stuff like a
the Smurfs explain Free Licensing PSA in return? ;-)

And if you don't smurf smurfs, surely we could smurf something smurfy like this 
in the
next deal to smurf along?  ;-)

sincerely,
Kim Bruning

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-18 Thread Mike Dupont
On Sun, Dec 18, 2011 at 1:54 AM, Bence Damokos bdamo...@gmail.com wrote:
 I guess, this is just one of the times where things in Hollywood are a
 bit different than in real life. The students and kids will just have
 to realize that things in films are not always true to life...
 (Without having seen the movie, I guess a long sequence on proper
 licensing would have been very boring, and ad agencies in real life
 would have a legal team making sure the licences are alright and who
 would be sued if they aren't – it's not like they would take their
 cues from a short scene in a Smurfs movie.)

Ok. I understand that. Maybe I am getting upset over nothing, but when
it comes to shutting down people who copy small clips and snippets
from movies, it seems that the industry also shows no mercy.

Well, what about a 10 second sequence, Oh we need to send this to the
legal dept to check the permissions on using the image.
So, do you think that wikipedia should allow its logo to be used in a
copy and paste exercise? Is it not the last bit of control that the
wikipedia has is the use of its name and logo in a way that goes
against the mission. Or is it such good advertising that we should be
happy to see wikipedia being used.
At least part of the article seems to have been a copy, even if the
image was a different one, it seems to me that at least parts of
creative commons licensed material was copied into the film images.

thanks for your opinions and feedback,
mike


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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-18 Thread David Gerard
On 18 December 2011 12:38, Mike  Dupont jamesmikedup...@googlemail.com wrote:

 Ok. I understand that. Maybe I am getting upset over nothing, but when
 it comes to shutting down people who copy small clips and snippets
 from movies, it seems that the industry also shows no mercy.


It would be interesting for press coverage. Well, in real life of
course, they'd check with legal. But you can in fact reuse many images
because of free licensing etc NASA public domain blah blah. Might
provide a useful educational hook.


- d.

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[Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Mike Dupont
The smurfs move disturbed me when I watched it,
Not only does the actor in the movie lift an image off the wikipedia
and use it in his advertising campaign, but the movie itself gives no
credits to wikipedia on the webpage etc.
http://rdfintrospector2.blogspot.com/2011/12/smurfs-movie-wikipedia-copyleft.html

mike
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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread David Richfield
It's disgusting that a megacorporation which has a predatory,
legalistic attitude towards intellectual property doesn't play by
its own rules.

On Sat, Dec 17, 2011 at 11:33 AM, Mike  Dupont
jamesmikedup...@googlemail.com wrote:
 The smurfs move disturbed me when I watched it,
 Not only does the actor in the movie lift an image off the wikipedia
 and use it in his advertising campaign, but the movie itself gives no
 credits to wikipedia on the webpage etc.
 http://rdfintrospector2.blogspot.com/2011/12/smurfs-movie-wikipedia-copyleft.html

 mike
 --
 James Michael DuPont
 Member of Free Libre Open Source Software Kosova http://flossk.org

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e^(πi)+1=0

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Federico Leva (Nemo)
David Richfield, 17/12/2011 10:40:
 It's disgusting that a megacorporation which has a predatory,
 legalistic attitude towards intellectual property doesn't play by
 its own rules.

According to whai I've heard of the film, it's because smurfs didn't 
like Wikipedia's article on them.

Nemo

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Béria Lima

 *it's because smurfs didn't like Wikipedia's article on them.
 *


They can always edit the article ;) xD
_
*Béria Lima*
http://wikimedia.pt/(351) 925 171 484

*Imagine um mundo onde é dada a qualquer pessoa a possibilidade de ter
livre acesso ao somatório de todo o conhecimento humano. Ajude-nos a
construir esse sonho. http://wikimedia.pt/Donativos*


On 17 December 2011 09:57, Federico Leva (Nemo) nemow...@gmail.com wrote:

 David Richfield, 17/12/2011 10:40:
  It's disgusting that a megacorporation which has a predatory,
  legalistic attitude towards intellectual property doesn't play by
  its own rules.

 According to whai I've heard of the film, it's because smurfs didn't
 like Wikipedia's article on them.

 Nemo

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Ole Palnatoke Andersen
It was mentioned on the Wikimedia Foundation Communications Committee
Mailing List in September.

Regards,
Ole

On Sat, Dec 17, 2011 at 10:33 AM, Mike  Dupont
jamesmikedup...@googlemail.com wrote:
 The smurfs move disturbed me when I watched it,
 Not only does the actor in the movie lift an image off the wikipedia
 and use it in his advertising campaign, but the movie itself gives no
 credits to wikipedia on the webpage etc.
 http://rdfintrospector2.blogspot.com/2011/12/smurfs-movie-wikipedia-copyleft.html

 mike
 --
 James Michael DuPont
 Member of Free Libre Open Source Software Kosova http://flossk.org

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Risker
Just think...if it is included in an online advertisement, Wikipedia could
use SOPA to bring down the film for copyright infringement

Risker

On 17 December 2011 06:20, Ole Palnatoke Andersen palnat...@gmail.comwrote:

 It was mentioned on the Wikimedia Foundation Communications Committee
 Mailing List in September.

 Regards,
 Ole

 On Sat, Dec 17, 2011 at 10:33 AM, Mike  Dupont
 jamesmikedup...@googlemail.com wrote:
  The smurfs move disturbed me when I watched it,
  Not only does the actor in the movie lift an image off the wikipedia
  and use it in his advertising campaign, but the movie itself gives no
  credits to wikipedia on the webpage etc.
 
 http://rdfintrospector2.blogspot.com/2011/12/smurfs-movie-wikipedia-copyleft.html
 
  mike
  --
  James Michael DuPont
  Member of Free Libre Open Source Software Kosova http://flossk.org
 
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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Mike Dupont
I found a clip with the wikipedia lifting being shown :
http://www.youtube.com/watch?v=YJxqFMPe95c




On Sat, Dec 17, 2011 at 12:53 PM, Risker risker...@gmail.com wrote:
 Just think...if it is included in an online advertisement, Wikipedia could
 use SOPA to bring down the film for copyright infringement

 Risker

 On 17 December 2011 06:20, Ole Palnatoke Andersen palnat...@gmail.comwrote:

 It was mentioned on the Wikimedia Foundation Communications Committee
 Mailing List in September.

 Regards,
 Ole

 On Sat, Dec 17, 2011 at 10:33 AM, Mike  Dupont
 jamesmikedup...@googlemail.com wrote:
  The smurfs move disturbed me when I watched it,
  Not only does the actor in the movie lift an image off the wikipedia
  and use it in his advertising campaign, but the movie itself gives no
  credits to wikipedia on the webpage etc.
 
 http://rdfintrospector2.blogspot.com/2011/12/smurfs-movie-wikipedia-copyleft.html
 
  mike
  --
  James Michael DuPont
  Member of Free Libre Open Source Software Kosova http://flossk.org
 
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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Kim Bruning
On Sat, Dec 17, 2011 at 10:59:29AM +, B?ria Lima wrote:
 
  *it's because smurfs didn't like Wikipedia's article on them.
 They can always edit the article ;) xD

No No, that'd be COI editing. They need to discuss their proposed changes on 
the talk page!

sincerely,
Kim Bruning



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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Robert Rohde
Is that screenshot actually from Wikipedia?

It looks like the name is File:Blue Moon.JPG (though it is hard to
tell from the video), but we have no such image under that name.

The article [[blue moon]] actually uses a different image, and as far
as I can see from browsing the history it always has.

So, it seems like it might not even be a real screenshot of Wikipedia,
but rather a page that had been further edited for their purposes.
For example, they easily could have swapped in a public domain image
of the moon from NASA.

-Robert Rohde

On Sat, Dec 17, 2011 at 8:49 AM, Kim Bruning k...@bruning.xs4all.nl wrote:
 On Sat, Dec 17, 2011 at 12:59:05PM +0100, Mike Dupont wrote:
 I found a clip with the wikipedia lifting being shown :
 http://www.youtube.com/watch?v=YJxqFMPe95c

 Do we get properly credited in the end credits?
 if not, it's time to

 ...UNLEASH THE LAWYER!!!...

 (Who can have a nice sit down and a cup of tea, and make sure they
 modify the credits properly. :-) )

 sincerely,
        Kim Bruning

 --

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Jay Walsh
Hi folks - I can confirm that this is not an infringement of the WIkipedia
marks.

Sony approached us almost 2 years ago to seek permission to use the
Wikipedia marks in the film. As with almost every film production company,
they are meticulous and incredibly careful about use of trademarks and
brands.  You can appreciate they are particularly careful about this
because films actually derive lots of revenue from selling the placement of
other marks (coke, pepsi etc) in the films for millions of dollars.

We approved their use of the marks, and at that time we were asking
official trademark re-users to provide us with a small amount of money
(under $1K) to help us cover the non-trivial amount of legal work to draft
or re-draft an agreement, then to carefully monitor the use of the mark for
the period of time its permitted.  As far as I'm aware, we don't permit
'terminal' or infinite reuse of our marks for marketing of films -
something that would severely limit our protection of the brand and our
identity.

Some notes on this whole process: in the coming year the legal/trademark
team hopes to make the application system much simpler, and also we expect
to start publishing a public list of those orgs who have permission to
reuse the marks in a public setting.  Thereby minimizing the surprise
factor to someone who just sees our mark being used in a film.  We're also
moving away from this payment system (although not necessarily completely)
and instead looking to increase the number of permitted reusers, but also
to ensure clearly labeled permissions and reuse, and particularly
important, to clearly label appropriate use of CC works.

In this case Sony's general offer is to provide compensation or to provide
a credit like Wikipedia used with permission of the Wikimedia Foundation.
 We opted for the compensation in this case, but in future we're going to
require the clear indication of permission.  This is pretty standard in the
industry (one way or another).  For example, films often use mastheads like
the New York Times in movies but never credit the paper.  They've either
paid the paper or the paper has permitted it because it enhances the
visibility of their work.  A blanket trademark statement in the credits
usually implies that all marks belong to their owners.

Not everything is approved when we ask.  We ensure a couple of basic points
before proceeding with an agreement:
* does the reuser intend to mock or parody Wikipedia?
* does the reuser position Wikipedia or our other brands in a manner
inconsistent with the most obvious use? Do they show Wikipedia showing ads?
Do they use the brand in advertisements or other places we'd never approve?
* do we reusers radically change the information or article in a Wikipedia
page in a film (not the actual article itself)?  In general we see this as
being potentially acceptable, provided they completely change the
information so as to not violate the terms of CC. For example, often
they'll ask to create a completely new article (for the film only) on a
fictional topic.
* does the reuser intend to actually edit Wikipedia (for real) in the film
or production?  Or to put it another way, do they actually break Wikipedia
in the intended reuse?
* is the film extremely violent or sexual such that inclusion of our brand
would be adversely affected?

We also review script segments, film synopses, marketing material etc to
make sure the project is real and that any efforts we make are going to be
worthwhile.  We take this proces pretty seriously, and though it looks
larger than it is, our legal team has done an amazing job of optimizing
these requests so we can quickly approve or deny requests.  We approve the
majority of requests, I'm happy to say, because ultimately if the intended
use of our project name or marks is benign within the film (or it casts us
in an accurate, good light - most of them do) then we see this as a net
positive effect.  Wikipedia is used every day by millions of people around
the world.  It's part of our regular life, and it's not surprising to us
that the media and creative world want to include it to support accurate
story telling.

One final note: we treat commercial requests differently from the classic
media requests.  If Coke or Google or Nike want to use our brand, we engage
in a different conversation. Arguably both Hollywood and Coke are in the
same business: making money, but film, TV, documentary projects can often
tell a bigger and more important story.  Also, we continue to encourage
lawful, fair use of our marks in journalistic efforts.  Though fair use is
different around the world (or non-existent) we regularly tell
permission-seekers they can use our marks for what we'd consider to be
fair-use media requests here in the US.

Hope that sheds some light - I know it's a lot of info to digest!  Btw, I'm
kind of sorry you had to sit through The Smurfs Movie...

jay


On Sat, Dec 17, 2011 at 10:32 AM, Robert Rohde raro...@gmail.com 

Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Kim Bruning
On Sat, Dec 17, 2011 at 11:00:30AM -0800, Jay Walsh wrote:
 Hi folks - I can confirm that this is not an infringement of the WIkipedia
 marks.

Well, bother.

I was so looking forward to an epic tea-party.

sincerely,
Kim 'O:-)' Bruning

-- 

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Mike Dupont
Well thanks for the great explanation, so the did their homework.
now what about the example that is being given to kids, just google
it, download an image from wikipedia and then use it in your
advertising campaign.
How could wikipedia allow someone to use the wikipedia logo in such a manner?
mike

On Sat, Dec 17, 2011 at 8:00 PM, Jay Walsh jwa...@wikimedia.org wrote:
 Hi folks - I can confirm that this is not an infringement of the WIkipedia
 marks.

 Sony approached us almost 2 years ago to seek permission to use the
 Wikipedia marks in the film. As with almost every film production company,
 they are meticulous and incredibly careful about use of trademarks and
 brands.  You can appreciate they are particularly careful about this
 because films actually derive lots of revenue from selling the placement of
 other marks (coke, pepsi etc) in the films for millions of dollars.

 We approved their use of the marks, and at that time we were asking
 official trademark re-users to provide us with a small amount of money
 (under $1K) to help us cover the non-trivial amount of legal work to draft
 or re-draft an agreement, then to carefully monitor the use of the mark for
 the period of time its permitted.  As far as I'm aware, we don't permit
 'terminal' or infinite reuse of our marks for marketing of films -
 something that would severely limit our protection of the brand and our
 identity.

 Some notes on this whole process: in the coming year the legal/trademark
 team hopes to make the application system much simpler, and also we expect
 to start publishing a public list of those orgs who have permission to
 reuse the marks in a public setting.  Thereby minimizing the surprise
 factor to someone who just sees our mark being used in a film.  We're also
 moving away from this payment system (although not necessarily completely)
 and instead looking to increase the number of permitted reusers, but also
 to ensure clearly labeled permissions and reuse, and particularly
 important, to clearly label appropriate use of CC works.

 In this case Sony's general offer is to provide compensation or to provide
 a credit like Wikipedia used with permission of the Wikimedia Foundation.
  We opted for the compensation in this case, but in future we're going to
 require the clear indication of permission.  This is pretty standard in the
 industry (one way or another).  For example, films often use mastheads like
 the New York Times in movies but never credit the paper.  They've either
 paid the paper or the paper has permitted it because it enhances the
 visibility of their work.  A blanket trademark statement in the credits
 usually implies that all marks belong to their owners.

 Not everything is approved when we ask.  We ensure a couple of basic points
 before proceeding with an agreement:
 * does the reuser intend to mock or parody Wikipedia?
 * does the reuser position Wikipedia or our other brands in a manner
 inconsistent with the most obvious use? Do they show Wikipedia showing ads?
 Do they use the brand in advertisements or other places we'd never approve?
 * do we reusers radically change the information or article in a Wikipedia
 page in a film (not the actual article itself)?  In general we see this as
 being potentially acceptable, provided they completely change the
 information so as to not violate the terms of CC. For example, often
 they'll ask to create a completely new article (for the film only) on a
 fictional topic.
 * does the reuser intend to actually edit Wikipedia (for real) in the film
 or production?  Or to put it another way, do they actually break Wikipedia
 in the intended reuse?
 * is the film extremely violent or sexual such that inclusion of our brand
 would be adversely affected?

 We also review script segments, film synopses, marketing material etc to
 make sure the project is real and that any efforts we make are going to be
 worthwhile.  We take this proces pretty seriously, and though it looks
 larger than it is, our legal team has done an amazing job of optimizing
 these requests so we can quickly approve or deny requests.  We approve the
 majority of requests, I'm happy to say, because ultimately if the intended
 use of our project name or marks is benign within the film (or it casts us
 in an accurate, good light - most of them do) then we see this as a net
 positive effect.  Wikipedia is used every day by millions of people around
 the world.  It's part of our regular life, and it's not surprising to us
 that the media and creative world want to include it to support accurate
 story telling.

 One final note: we treat commercial requests differently from the classic
 media requests.  If Coke or Google or Nike want to use our brand, we engage
 in a different conversation. Arguably both Hollywood and Coke are in the
 same business: making money, but film, TV, documentary projects can often
 tell a bigger and more important story.  Also, we continue to encourage
 lawful, fair use 

Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread geni
On 17 December 2011 23:09, Mike  Dupont jamesmikedup...@googlemail.com wrote:
 Well thanks for the great explanation, so the did their homework.
 now what about the example that is being given to kids, just google
 it, download an image from wikipedia and then use it in your
 advertising campaign.
 How could wikipedia allow someone to use the wikipedia logo in such a manner?
 mike

Well we do have quite a collection of public domain images where you
can do precisely that. Realistically I think we have to accept that
most films are not going to include extended scenes covering copyright
and free licenses.


-- 
geni

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Mike Dupont
Well I found it disturbing, and i stlll find it disturbing.

I still find that we are failing our mission if we just accept this.
Someone has to stand up and say something about this, so I guess I
will have to stand alone.


here are some stats on the licences in general
http://wiki.creativecommons.org/Metrics/License_statistics I did not
find any license stats for wikipedia or commons.

Also a number of images are fair usage on wikipedia.


In any case, it is a bad example for kids, it is a bad example for
students, it is a bad example for anyone. we should not allow the
wikipedia logo and name to be used in such a manner.

People need to check the license before you use them, advertising
agencies cannot just take pictures off the wikipedia and copy them
into your advertising, students cannot just copy them into their
homework. You need to research into them first and check the license.

thanks,
mike

On Sun, Dec 18, 2011 at 12:59 AM, geni geni...@gmail.com wrote:
 On 17 December 2011 23:09, Mike  Dupont jamesmikedup...@googlemail.com 
 wrote:
 Well thanks for the great explanation, so the did their homework.
 now what about the example that is being given to kids, just google
 it, download an image from wikipedia and then use it in your
 advertising campaign.
 How could wikipedia allow someone to use the wikipedia logo in such a manner?
 mike

 Well we do have quite a collection of public domain images where you
 can do precisely that. Realistically I think we have to accept that
 most films are not going to include extended scenes covering copyright
 and free licenses.


 --
 geni

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Re: [Foundation-l] Smurfs Movie is infringing on wikipedia copyright

2011-12-17 Thread Bence Damokos
On Sun, Dec 18, 2011 at 1:46 AM, Mike  Dupont
jamesmikedup...@googlemail.com wrote:
 Well I found it disturbing, and i stlll find it disturbing.

 I still find that we are failing our mission if we just accept this.
 Someone has to stand up and say something about this, so I guess I
 will have to stand alone.


 here are some stats on the licences in general
 http://wiki.creativecommons.org/Metrics/License_statistics I did not
 find any license stats for wikipedia or commons.

 Also a number of images are fair usage on wikipedia.


 In any case, it is a bad example for kids, it is a bad example for
 students, it is a bad example for anyone. we should not allow the
 wikipedia logo and name to be used in such a manner.

 People need to check the license before you use them, advertising
 agencies cannot just take pictures off the wikipedia and copy them
 into your advertising, students cannot just copy them into their
 homework. You need to research into them first and check the license.

I guess, this is just one of the times where things in Hollywood are a
bit different than in real life. The students and kids will just have
to realize that things in films are not always true to life...
(Without having seen the movie, I guess a long sequence on proper
licensing would have been very boring, and ad agencies in real life
would have a legal team making sure the licences are alright and who
would be sued if they aren't – it's not like they would take their
cues from a short scene in a Smurfs movie.)

Best regards,
Bence

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