Commons:License information has significant gaps in copyright overviews for developing countries. This presents real problems for Wikimedians who wish to upload historic public domain images.
http://commons.wikimedia.org/wiki/Commons:Licensing#License_information
The other day I located two panoramas: Havana harbor and the Panama Canal being built. Both are public domain under United States law where the images were published, but Commons rules require that they also be verified public domain in the country where they were photographed. Neither Cuba or Panama is listed on the license information page, so I've attempted a translation of the relevant law. My Spanish is not strong, nor am I qualified to give legal opinions, so if you can help please verify my tentative translations posted here:
http://commons.wikimedia.org/wiki/Template:Requested_Translations#Spanish_to...
This raises another issue: which country's copyright laws prevail for the former Canal Zone? United States or Panama? Commons currently hosts some images of the canal's construction and the ones I checked are marked only as PD-US, which may or may not be adequate. And more generally, whose laws apply when national jurisdiction changes? I found some other historic photographs from Africa, but didn't upload them because of these unanswered questions.
Is there any coordinated effort to fill in the gaps at the Commons:License information page? If not, there should be.
-Durova
Quick translation of Cuban copyright if this what you need. I believe Cuba joined the Berne convention in early 1997.
http://babelfish.altavista.com/babelfish/tr
On Jan 17, 2008 1:45 PM, Durova nadezhda.durova@gmail.com wrote:
Commons:License information has significant gaps in copyright overviews for developing countries. This presents real problems for Wikimedians who wish to upload historic public domain images.
http://commons.wikimedia.org/wiki/Commons:Licensing#License_information
The other day I located two panoramas: Havana harbor and the Panama Canal being built. Both are public domain under United States law where the images were published, but Commons rules require that they also be verified public domain in the country where they were photographed. Neither Cuba or Panama is listed on the license information page, so I've attempted a translation of the relevant law. My Spanish is not strong, nor am I qualified to give legal opinions, so if you can help please verify my tentative translations posted here:
http://commons.wikimedia.org/wiki/Template:Requested_Translations#Spanish_to...
This raises another issue: which country's copyright laws prevail for the former Canal Zone? United States or Panama? Commons currently hosts some images of the canal's construction and the ones I checked are marked only as PD-US, which may or may not be adequate. And more generally, whose laws apply when national jurisdiction changes? I found some other historic photographs from Africa, but didn't upload them because of these unanswered questions.
Is there any coordinated effort to fill in the gaps at the Commons:License information page? If not, there should be.
-Durova
Commons-l mailing list Commons-l@lists.wikimedia.org http://lists.wikimedia.org/mailman/listinfo/commons-l
On 17/01/2008, Durova nadezhda.durova@gmail.com wrote:
This raises another issue: which country's copyright laws prevail for the former Canal Zone? United States or Panama?
The problem is that while that question makes sense within commons policy it the legal answer would be it depends where you are.
A really literal reading of commons policy would probably go for Panama since the canal was technically always sovereign Panama territory. The relevant text is
" The Republic of Panama grants to the United States all the rights, power and authority within the zone mentioned and described in Article II of this agreement, and within the limits of all auxiliary lands and waters mentioned and described in said Article II which the United States would possess and exercise, if it were the sovereign of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power or authority."
Commons currently hosts some images of the canal's construction and the ones I checked are marked only as PD-US, which may or may not be adequate.
The images would have been created under US law.
And more generally, whose laws apply when national jurisdiction changes? I found some other historic photographs from Africa, but didn't upload them because of these unanswered questions.
Africa is not normally a problem since they tended to keep much the same legal system in terms of copyright. It would ultimately depend if any later changes were retrospective.