On Sun, Jul 8, 2012 at 1:13 PM, Adam Cuerden <cuerden@gmail.com> wrote:

With all respect, Geni, it's clear you've never done a restoration. In
cases where information is missing, it's necessary to fill it in.
While this may not have been the most major restoration I've done,
there were still many areas where information had to be recreated: one
man had a long scratch through his eye, which meant I had to recreate
the area in the scratch; there were blank areas on the legs of one
person, which meant fixing the wrinkles over them, and so on. It's a
lot of small, little artistic decisions, which are necessary in order
to make things look right. Would other decisions work just as well?
Possibly. But the very act of restoration necessarily means making
such decisions.

On Sun, Jul 8, 2012 at 5:59 PM, Adam Cuerden <cuerden@gmail.com> wrote:
> Can you please reread
> http://commons.wikimedia.org/wiki/Commons:Licensing#Interaction_of_United_States_copyright_law_and_non-US_copyright_law
> ? PD-Art never once talks about anything more than a simple photograph
> of the art in question, and is thus inapplicable. Further, I don't
> live in Cote d'Ivoire. If I did, the section I just linked says that
> Côte d'Ivoirian law would apply.
>
> It would seem that you're ignoring the relevant policy:
>
> "When uploading material from a country outside the U.S., the
> copyright laws of that country and the U.S. normally apply."
> (Commons:Licensing)
>
> I did the restoration work in the UK, and am a UK citizen. I don't see
> how you can claim that UK law is *less* relevant than "the country of
> residence of the uploader, and the country of location of the web
> servers of the website", both of which *explicitly* must be satisfied.
>
> So, let's look at "Commons:When to use the PD-Art tag"
>
> It doesn't apply. It says right at the top: "This page relates to
> photographs taken from a distance only. For scans/photocopies, see
> Commons:When to use the PD-scan tag."
>
> So, let's look at that page.
>
> http://commons.wikimedia.org/wiki/Commons:When_to_use_the_PD-scan_tag
>
> "The situation is more complex where the original raw scan has been
> enhanced on a selective basis, for example by means of some careful
> work in Photoshop to bring out certain details. This type of
> enhancement, although of course computer-assisted, may require a
> significant level of personal creative input, and as a result may
> generate a new copyright for the person doing the work.
>
> "Clearly, where the work done is sufficiently extensive that the
> result has to be treated as a new artistic work (eg where a black and
> white original is ‘hand-coloured’), the image cannot be uploaded to
> Commons without a licence from the new copyright owner."
>
> So, in other words, I would appear to be right. If we agree that
> http://commons.wikimedia.org/wiki/Commons:When_to_use_the_PD-scan_tag
> applies, it would seem you need to give me credit.
>
> Can we agree on this and end it?
>
>>
>> "For example, if a person in the UK uploads a picture that has been
>> saved off a French website to the Commons server, the upload must be
>> covered by UK, French and US copyright law."
>>
>> The actual commons *policy* is that UK law applies. It even says it
>> applies if the only interaction with the UK is that someone from the
>> UK uploaded the thing.
>>
>> To argue anything else is to rewrite Commons policy.

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