Re: [Advocacy Advisors] Fwd: [Wmfcc-l] Amendments on Free Licenses and Freedom of Panorama Entered into Force in Russia!

Hi, Vladimir- This is great news; I hope you don't mind that I've forwarded it to the advocacy-advisors mailing list. We've been trying to put together case studies where Wikimedians have been involved in political change, so that we can all learn from each other - what works, what doesn't. Perhaps someone on this list or in the Russian community would be interested in creating one? Thanks - and congratulations! Luis ---------- Forwarded message ---------- From: Vladimir Medeyko &lt;medeyko(a)gmail.com&gt; Date: Wed, Oct 1, 2014 at 7:06 PM Subject: Amendments on Free Licenses and Freedom of Panorama Entered into Force in Russia! Dear colleagues! *Amendments on Free Licenses and Freedom of Panorama Entered into Force in Russia!* Wikimedia RU congratulates the Russians and all the proponents of the free content with changes in the Russian Civil Code, which are very important for the use of the free content. Particularly, the amendments are extremely important for the Wikipedia internet-enclyclopedia and other projects for the creation and the dissemination of educational and scientific information; and for the free software. The amendments entered into force on October 1st, 2014; Wikimedia RU actively participated in the preparation of the amendments. Among the numerous changes, we should mention: *Open licenses* introduced. It includes free licenses (which are fundamental for the projects like Wikipedia or Linux). The authors of the free content get protection from misuse of their works, and the users get guarantees that no malevalent authors could harm them. *Freedom of panorama* introduced: now it is allowed to make photos in any public territory. The photographers are no more formally offenders, because earlier one was not allowed to sell postcards with modern buildings without the permission of the architect or his successors (despite the fact wrongdoings of this kind were universal). Unfortunately, monuments are not covered by the amendments. It's allowed to publish and store *thesis synopses* in the electronic format. Libraries are allowed to store in the *electronic format* dilapidated works and those scientific and educational works that were not republshed for more the 10 years. «The direct inclusion of the stipulations on the free licenses into the law is a progressive step not only for Russia, but worldwide. There are no specific articles on the free licenses in the other countries' laws, and hence the licenses are still in the grey area there. Actually, the free licenses eploit the archaic tercentenary system of the copyright, that always protected the authors from the readers, for the opposite goal – to protect the readers from the authors. Therefore, without direct regulation, there is too vast judicial discretion, and the free licenses users are not protected perfectly. In the Russian law there are no uncertainties like that anymore. Up to the wording that covers the copyleft clauses as well, that poorly fit the traditional laws.» — explained Wikimedia RU director Vladimir Medeyko. Members of Wikimedia RU worked fiddly on these and other amendments in the Civil Code. Namely: In 2009-2010 the numerous letters with the description of the problems and possible solutions were sent to special State Duma committees. In 2010-2011 the members of Wikimedia RU participated at sessions of the expert groups of the Committee of culture and the Committee of information policy and communications of the State Duma. In april 2011 during the meeting with then Russian President Dmitry Medvedev, the represenative of Wikimedia RU communicated the problems and possible solutions to him. In 2011-201 the experts from Wikimedia RU made part of the working group of Minitry of Justice. Годах on the free licenses and related laws, and also participated in commissions and other events organized by the Ministry of Communications, the Ministry of Economic Development, the Ministry of Culure, the Ministry of Education and Science, related to these amendments. In 2012 the representatives of Wikimedia RU participated sessions of the State Duma's working group on the intellectual property, attended to the parliament hearings; in sessions of the Federation Council's on the infromation society proceedings. In 2010-2014 the members of Wikimedia RU participated more than 200 conferences, seminars, round tables, where thay explained problems and ways to legalize the work.\ Hopefully, the foreign legislators will handle free licenses with the due care, and the uncertainty will vanish. -- Luis Villa Deputy General Counsel Wikimedia Foundation 415.839.6885 ext. 6810 *This message may be confidential or legally privileged. If you have received it by accident, please delete it and let us know about the mistake. As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. 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