The argument that personal Facebook uploads are 'non-commercial' does not hold water.
Any private individual who uploads personal photographs to a social media website will be affected, as most sites require users to warrant that their uploads do not not infringe the intellectual property rights of any third party. Anybody using social media to share even private photographs that include a modern building or streetscape within the view will be in breach of the warranty and will be at significant legal risk.
Also, many websites state in their small print that uploads are automatically licensed to the site owner under a worldwide non-exclusive licence for any purpose (even commercial). Uploaders will not be in a position to grant such a licence, as they will no longer be the sole copyright owner of their own photographs.
The relevant clauses in the Facebook legal terms can be found here: https://www.facebook.com/legal/terms
* 2.1 For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy https://www.facebook.com/privacy/ and application settings https://www.facebook.com/settings/?tab=applications: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License).
* 5.1 You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise violates the law.
Michael
Jan Loužek mailto:jan.louzek@wikimedia.cz 24 June 2015 14:07
He has to be convinced then that the commercial sharing is not as simple issue as it is believed by Svoboda.
https://wiki.creativecommons.org/wiki/Defining_Noncommercial Here. 18 MB of freading, cca 250 pages.
Jan
Od: Michal Palenik michal@palenik.sk Komu: Dimitar Parvanov Dimitrov dimitar.parvanov.dimitrov@gmail.com Datum: 24.06.2015 14:51 Předmět: Re: freedom of panorama
i've contacted ŠTEFANEC Ivan ivan.stefanec@europarl.europa.eu with some mixed results.
he believes in press release by pavel svoboda http://us9.campaign-archive2.com/?u=0519b32bd74df1cad7d02aa01&id=3d98dde... http://us9.campaign-archive2.com/?u=0519b32bd74df1cad7d02aa01&id=3d98dde117 which says that "of course, facebook photos are non commercial". which i doubt.
but after a second email:
Každopádne je jasné, že presadzujem slobodu šírenia záberov okolia bez obmedzenia a podľa toho budem aj hlasovať.
It is evident, that I acitvelly support freedom of spreading of panorama photos without (any) restrictions and I will vote according to this.
michal
On Wed, Jun 24, 2015 at 11:04:39AM +0200, Dimitar Parvanov Dimitrov wrote:
I was offering Schaake (ALDE NL) one and she said she's rwady to
coordinate
if no one else wants.
Perhaps you can ask then to either join her effort or to take it up themselves. Will send you the AM text, but Schaake still hasn't
tabled it.
Dimi
На сряда, 24 юни 2015 г. Michal Palenik michal@palenik.sk написа:
hi, is the amendment for the plenary ready? I am contacting our MEPs..
m On Fri, Jun 19, 2015 at 10:01:58AM +0200, Dimitar Parvanov
Dimitrov wrote:
The amendment was adopted with a vast majority (EPP and S&D
votes) by the
JURI committee, so it is already in the text. We're now trying to
get an
amendment in for the plenary vote. This requires 75 MEPs to
co-sign it.
We
need especially EPP ones to help it to send a message. If you
could find
some from SK, that would be awesome!
As for a press release, the EN signpost article is very
comprehensive:
https://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2015-06-17/In_foc...
2015-06-19 9:27 GMT+02:00 Michal Palenik michal@palenik.sk:
ok,
just to clarify: it is "just" a yet unvoted on ammendmend by a MEP?
is there a good press release? i would not want it to by "yet
another
stupid thing done by brussels bureocracy".
michal
On Thu, Jun 18, 2015 at 11:26:38PM +0200, Dimitar Parvanov Dimitrov
wrote:
Yes, I forgot to cc you in the main talk and you're probably
not on
the
advocacy advisors mailing list. We need three things:
-Media noise in each member state -MEPs from each country to co-sign an amendment proposal from
plenary
-Find coalition partners that can help us do the first two.
I am putting Jan Louzek from WMCZ in cc. He's done an
outstanding job
there
to make noise and hopefully can help give WMSK some tips how
we can
do
the
same in SK.
Dimi
2015-06-18 23:20 GMT+02:00 Michal Palenik michal@palenik.sk:
> hi > > there is a big big talk about freedom of panorama ban by
european
> parliament. are there any things we can do to avoid it? or
is it
just
> panicing? > > ammendemt 421 by jean marie cavada > >
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2FEP%2F%2FNONSGML%...
> > michal > -- > michal palenik > >
-- michal palenik
-- michal palenik
-- michal palenik
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