[Sorry for this excurse]
Dear Geni, the 20 years indeed come from article 24 of law 11 723. The 25
years come from the Berne Convention. In any case, Argentine copyright law
is already known and documented in Commons, and we have been using a
specific template (PD-AR-Photo) for years. Regarding article 31,
personality rights do not apply to public activities; what the law is
protecting are private portraits in particular: "Publication of portraits
is free when related with scientific, didactical and in general cultural
goals, or with facts or events in the public interest or that have
developed in public".
Best,
Galileo
On Wed, Feb 26, 2014 at 6:51 PM, geni <geniice(a)gmail.com> wrote:
On 24 February 2014 20:51, Galileo Vidoni
<galio2k(a)gmail.com> wrote:
Dear movement fellows,
Wikimedia Argentina would like to express its support for the letter by
Wikimedia Israel regarding URAA-motivated massive content deletions in
Wikimedia Commons. Yet, we would like to express our view not only to the
Foundation BoT but also to all Wikimedia editors, and especially to those
working in Wikimedia Commons.
Volunteers from Argentina have been among the most affected by the policy
adopted by Wikimedia Commons administrators regarding images that could
fall under URAA copyright provisions. Argentine copyright law provides
that
images enter the public domain "only"
25 years after their production and
20 after their first documented publication.
You really should cite the relevant law if you want commons to pay
attention to you.
Okey I get that the 20 years come from Article 34 but I'm not sure where
the 25 years comes from.
This relatively generous
criterion has enabled unaffiliated volunteers and we as Wikimedia
Argentina
to enrich Commons with hundreds of thousands of
historical images that
are
absolutely free under Argentine law: images of
the political and every
day
life of the country, of its culture, of its
popular idols, of its joyful
and dark days, of its customs and architecture.
Absolutely free? Not so. Due to Article 31 pretty much any photo that shows
a person who hasn't been dead for 20 years isn't free (this is a side
effect of Argentina going for a rather extreme form of personality rights)
I'd also advise you against hosting locally. Under Article 72 bis (d)
copyright violations can carry a prison sentence.
--
geni
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