Hopefully nobody will be in a rush for deletion. An opinion from WMF legal
would make more sense before we take action on wiki.
Fae
On Thu, 20 Dec 2018, 14:00 Diego Delso via Commons-l <
commons-l(a)lists.wikimedia.org wrote:
Really sad news. An enthusiastic photographer that has
no more benefit
than the satisfaction of sharing knowledge to the world, gets charged and
loses a lawsuit. I think that the movement has to provide an answer,
otherwise we should protect photographers who may be not aware of this
risk. I run a quick check and realised that we have e.g. hundreds of images
from the Glyptothek a museum in Munich with significant greek and roman
scultpures under
https://commons.wikimedia.org/wiki/Category:Glyptothek_Munich_-_Permanent_c…
But, unfortunately we are not supposed to have them without an explizit
authorisation:
http://www.antike-am-koenigsplatz.mwn.de/fileadmin/user_upload/Sonstiges/12…
and the list could be long...
Now, what should we do about it? wait and see or delete?
El jue., 20 dic. 2018 a las 14:50, Sebastian Rittau via Commons-l (<
commons-l(a)lists.wikimedia.org>) escribió:
On 20.12.18 14:16, Fæ via Commons-l wrote:
Is there going to be an appeal?
Appeal won't be possible. This already was a ruling by Germany's highest
court. Going by the linked summary there are two cases to distinguish:
- Photographs by the museum are under "Lichtbildschutz" (50 years
post publication, not full 70pma), because the photographer has multiple
options concerning several parameters. (This verdict seems wrong, because
there aren't the mentioned parameters are fixed in repro photography. Again
the BGH shows its incompetency regarding photography. But it is as it is.)
- Photographs by a visitor are a contract violation. The photographer
is liable to restitution. In this case by not uploading the images any
further. There is nothing about redistribution by third parties, though.
- Sebastian
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