Re: [Wikimedia-l] [Commons-l] FOP in Europe: does this include WWII monuments with art?

2013-03-02 Thread Fae
Hi Jane,

I am sorry to hear this has been a concern. My intuition is that this
would be far less of a tangible risk to a team project than the fuss
about this stuff might lead you to believe, so long as we can
demonstrate sensible advice, review and precautions being taken.

In the UK, FOP tends to be very liberal, however memorials have
special issues to consider if the intention is for a free release on
Commons. I would have encouraged some guidelines for
photographers/uploaders to be written up, and then continued with the
event with these in place, possibly with a means of contributors
asking further questions and having their uploads reviewed for
compliance via an on-wiki project page.

A few nuts and bolts of it based on my experiences on Commons (from a
UK perspective, so this will vary somewhat in other parts of Europe)
are:
1. Any memorial must be a permanent feature. Any work of art that
appears temporary is unlikely to be covered by FOP.
2. Text on a memorial may be under its own copyright even though it is
on permanent public display, so the text itself must be demonstrably
out of copyright. This is a separate issue from the general FOP
provisions. If the text is incidental to the photograph, i.e. not a
close up and the text is effectively de minimus, then FOP is likely to
be valid.
3. Text which is embossed and made 3D, such as being part of an
inscribed plaque, may be considered a 3D work and covered by FOP.
4. Any memorial photographed whilst standing on private land may not
be covered by FOP.

The US has free speech, but is a long way from a country that accepts
FOP, however so long as the photo is taken in the EU and is of a fixed
and identified memorial, EU copyright law is the principle one to
consider and FOP applies.

Thanks,
Fae
-- 
fae...@gmail.com http://j.mp/faewm
Guide to email tags: http://j.mp/mfae

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


[Wikimedia-l] Question: Plans for the Wikimedia conference in Milan

2013-03-02 Thread Fae
I'm about to book my travel for Milan, and wondered if there were any
views from Council members or other chapter enthusiasts if we might
try to arrange meetings outside of the core Friday 19th to Sunday 21st
April.

If there are no particular plans for meeting during Thursday 18 April,
then I'll plan on arriving late that day.

Thanks,
Fae
-- 
Ashley Van Haeften (Fae) fae...@gmail.com
Chapters Association Council Chair http://meta.wikimedia.org/wiki/WCA
Guide to email tags: http://j.mp/mfae

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] [Chapters] Question: Plans for the Wikimedia conference in Milan

2013-03-02 Thread Itzik Edri
If we arranging something, I'll be happy if we could do it on the day
before the conference  and not after. (1) from a personal reason, can't
stay after (2) because it make sense to hold a meeting and to get into
conclusion before we meeting the others and not after

On Sat, Mar 2, 2013 at 6:59 PM, Fae fae...@gmail.com wrote:

 I'm about to book my travel for Milan, and wondered if there were any
 views from Council members or other chapter enthusiasts if we might
 try to arrange meetings outside of the core Friday 19th to Sunday 21st
 April.

 If there are no particular plans for meeting during Thursday 18 April,
 then I'll plan on arriving late that day.

 Thanks,
 Fae
 --
 Ashley Van Haeften (Fae) fae...@gmail.com
 Chapters Association Council Chair http://meta.wikimedia.org/wiki/WCA
 Guide to email tags: http://j.mp/mfae
 ___
 Chapters mailing list
 chapt...@wikimedia.ch
 https://intern.wikimedia.ch/lists/listinfo/chapters

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] [Commons-l] FOP in Europe: does this include WWII monuments with art?

2013-03-02 Thread Jane Darnell
Thanks for sharing! If I browse the categories here:
http://commons.wikimedia.org/wiki/Category:Monuments_and_memorials_of_World_War_II_by_country

It seems there are plenty of photos with what appears to be
sculptures. I guess the risk of being slapped with a copyright
violation in these cases is pretty low. After all, if you created the
artwork or were an heir of someone who did, it would be pretty
tasteless to object, I guess.

I think the problem we are facing is that we cannot now sponsor such
uploads, as WMNL. So, it's fine if people do this on their own with no
encouragement from us, but until this whole issue is resolved we
cannot actively solicit such photographs from the volunteer community,
knowing there's a chance they can be deleted. I think in the case of a
photo contest, any copyvio deletion is one too many.

Jane


2013/3/2, Fae faewik+comm...@gmail.com:
 On 2 March 2013 19:28, Andrew Gray andrew.g...@dunelm.org.uk wrote:
 On 2 March 2013 12:04, Fae faewik+comm...@gmail.com wrote:

 2. Text on a memorial may be under its own copyright even though it is
 on permanent public display, so the text itself must be demonstrably
 out of copyright. This is a separate issue from the general FOP
 provisions. If the text is incidental to the photograph, i.e. not a
 close up and the text is effectively de minimus, then FOP is likely to
 be valid.

 One other thing to remember: most of this text is fairly uncreative -
 in many cases, standard phrases or dates, and lists of names. We could
 make a reasonably good case that they are unlikely to be copyrightable
 texts regardless of age.

 That's true, and I have uploaded plenty of my own photos of war
 memorials with close up details of names, rank and so forth. However I
 have run into problems with memorial statements that contain poetry,
 simple drawings and original dedications and some of these have been
 deleted despite me being reasonably cautious. I still think this is
 solvable with some simple guidelines/principles for those taking part
 in an event to take care to avoid any later problems with uploads.

 Cheers,
 Fae

 ___
 Wikimedia-l mailing list
 Wikimedia-l@lists.wikimedia.org
 Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] [wmau:members] Re: [Wikimediaau-l] Wikimedia Australia public meeting

2013-03-02 Thread cro0016
How long is this away?

Sent from my iPhone

On 02/03/2013, at 5:46 PM, Tony Souter to...@iinet.net.au wrote:

 Could there be more notice? And an agenda topic or two might attract more 
 members into participating. Items don't have to be billed as occupying the 
 meeting exclusively.
 
 T
 
 
 On 03/03/2013, at 1:13 PM, Craig Franklin wrote:
 
 Hi all,
 
 There will be a public Wikimedia Australia meeting today, 3rd March at 17:00 
 hours (5:00pm in NSW, VIC, ACT and TAS, 4pm QLD, 4:30pm SA, 3:30pm NT and 
 2pm WA).  It will be held in #wikimedia-au on the Freenode IRC network. 
 There is no set agenda so you are welcome to start a discussion about 
 anything related to Wikimedia Australia.
  
 Please see http://www.wikimedia.org.au/wiki/IRC for more details.
 
 Regards,
 
 Craig Franklin
 Treasurer
 ___
 Wikimediaau-l mailing list
 wikimediaa...@lists.wikimedia.org
 https://lists.wikimedia.org/mailman/listinfo/wikimediaau-l
 
 ___
 Tony Souter
 *Fixed-line phone: +612 42633401
 *Mobile: 0450 717627 (+61450 717627), but usually not  switched on
 *Skype: tonysouter
 *Street address: 1/29 Tarrant Ave, Kiama Downs 2533, Australia
 
 
 
 
 
 
 
___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Fwd: [Commons-l] FOP in Europe: does this include WWII monuments with art?

2013-03-02 Thread James Alexander
On Sat, Mar 2, 2013 at 3:59 AM, Tobias Oelgarte 
tobias.oelga...@googlemail.com wrote:

 The problem are not the European laws. It are the US laws that don't
 recognize the European FOP. That means it would be perfectly legal to host
 such images on an European server (in a country that recognizes FOP), but
 not on US servers, because they are subject to US law.


 I'm sorry, I keep seeing this argument and while I can understand the
basic idea every time I see it I feel like little kitten dies. There is no
doubt that the US FOP laws are a little insane and that the EU ones are
generally much more lenient, however, it is obviously far far more
complectated then that. There are plenty of EU laws which would are
applicable to site/image hosting which are far more complicated and harder
(or impossible) for us to follow. Overall the laws in the US have still
tended to be much much better to host, and that doesn't even get into the
problem of hosting in multiple locations and still trying to serve to a
site hosted (or with staff) in the US.

James

(Personal opinion, not a lawyer and not said as a staff member)
___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l