I shall quit participating in Wikimedia. I cannot stand people with that kind 
of attitude.

Hartwig

 

From: [email protected] 
[mailto:[email protected]] On Behalf Of Fanny Schertzer
Sent: Wednesday, October 16, 2013 1:53 PM
To: Wikimedians in Switzerland
Subject: Re: [Wikimediach-l] (no subject)

 

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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