BTW, why we have separate policies for Commons and Wikipedia? I just
noticed that photographs deleted from Common per "not free in source
country" are restored by our own (Commons) admins in English Wikipedia.


Jee


On Sun, Jun 8, 2014 at 5:18 PM, geni <[email protected]> wrote:

> On 8 June 2014 12:21, matanya <[email protected]> wrote:
>
> >
> >
> > Hello,
> >
> > Commons licensing policy determines media should be free in source
> > country and in US. I want to propose We change the policy to be: "free
> > in source country" only, and to cope with US laws where the servers are
> > hosted found a "DMCA take down notice" Team in OTRS, that will handle
> > requests to remove Items that are non-free in the US after verifying
> > proper grounds for the claim.
> >
> > This approach to copyright will prevent issues like URAA issues, shorter
> > term issues and restored copyright issues.
> >
>
> No it it won't. UK restored a bunch of copyrights when EU went life+70
>
>
>
> >
> > It will enrich commons with many files that are FREE (mostly PD) in
> > source country, but not on commons due to US laws. Unless the copyright
> > holder (mostly Gov's and archives) will not request removal, and they
> > won't since they released the media, we will be using those files.
> >
>
> If the government held the copyright then you contact them and ask them
> about their position on potential overseas copyrights.
>
>
> > I'm not a lawyer, so I probably missed most of the legal implication,
> > But I do volunteer to found and lead the team, if this idea is accepted
> > and commons community would want this policy change. I'm seeking input
> > from copyright experienced users and lawyers, before i start an official
> > policy change on commons.
>
>
>
> The main problem that you hit is that  "free in source  country and in US"
> is a pretty good proxy for "free pretty much anywhere" (well unless the
> source country is the US but that's a separate problem). For example
> depending on how you read Saudi law there are a bunch of photos that are
> free in Saudi Arabia and pretty much nowhere else (Switzerland perhaps) but
> unless our resuser know their way around over 100 copyright systems they
> probably aren't going to know that. Thus from a reuse POV commons goes from
> being useful (as long as you allow for US weirdness) to being (from a
> copyright perspective) a radioactive mess.
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