2013/10/16 Hartwig Thomas <[email protected]>

> The credit is not wrong, but possibly somewhat incomplete.
>

It's not incomplete, it's non existent. It names the repository instead of
the source, the author is not mentioned, let's not even talk about the
license (which, I admit, is the trickiest part of the job). I've seen tons
of my pictures better credited than that, by people far from being
specialists of this stuff.


> As you well know, much of the content of Wikimedia has more than one
> author and it is common knowledge that all of the content of Wikimedia is
> published as CC-BY-SA or GFDL. In the case of many authors attribution is
> often difficult. (In the US copyright can even be attributed to an
> institution – e.g. Wikimedia – rather than a person.)
>

This picture has only one author, who is clearly mentioned as such. This
particular case is quite straightforward.


> ** **
>
> So, yes, it is desirable, that the license and the author are attributed
> appropriately and I am sure, that Bruno will do so soon, after having read
> your kind reminder.****
>
> ** **
>
> The example also shows, that it is highly desirable, that all such
> licensing information be embedded in the (Dublin core) metadata of such a
> file. Then it will travel with the object. I vote for adding that to the
> list of best practices.
>

Which is the case in the file we're talking about: the author and the
license are clearly mentioned in the metadata of the original file.

What this example shows above all, it's that we are not even capable to
observe the rules we ask others to comply with.

****
>
> ** **
>
> In Switzerland we have by law the right of quotation – also applicable to
> images! And in this respect the quoted website has behaved just like any
> other newspaper or media in Switzerland (e.g. the NZZ), by citing the
> source.
>

I regularly look for a precedent or authority from the Federal tribunal
backing this statement, I never found any. Do you have a reference? I would
be indefinitely grateful if you do because this question has been haunting
me for years (seriously).

Anyway, in the present case, this is no short quotation suiting into art.
25 of the Swiss law about author's right, this is a copy of the whole work,
falling into art. 10 of that same law. This use is not covered by any
quotation right.


> ****
>
> ** **
>
> So, please!, let us not act like the copyright lobby and tear each other
> to pieces internally!!
>

Of course not. Which does not mean "let's do what we want and leave the
intellectual property law in all its harshness to the plebs as we're so
high above that".

Fanny
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