[Advocacy Advisors] Freedom of Panorama

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Stephen LaPorte

19 Dec 2012 19 Dec '12

2:21 p.m.

[Was: [Wikimedia-l] Fwd: [Internal-l] Israeli Government to Release its images under a free license for public use] Hello Pine, A number of possible freedom of panorama initiatives are being discussed here: http://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama_campaignThese proposals are not being led by the WMF itself because there are strict regulations on how a tax-exempt nonprofit organization may engage in legislative activism. The Wikimedia community has many creative ideas. Here are the proposals under discussion on Commons: * Write a convincing rationale for why FoP is a good thing * Petition * US chapters lobby Congress * Set-up an umbrella lobbying organization * Geotargeted CentralNotice banner * Identify allies (was: "Talk to Google") * Identify educational audience for these photos * Sample offline Wikipedias with Kiwix offline reader that need photos * Summary FoP law table * Proposed wording * Short and long term goals * Baby step: state-level arts grants * Identify violations * Throw our toys out of the pram * Lead by example * Guerilla art campaign Which do you think would be the most effective? Best, Stephen On Wed, Dec 19, 2012 at 1:39 PM, ENWP Pine <deyntestiss(a)hotmail.com> wrote:

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Good! To the WMF folks, is WMF doing any advocacy of its own regarding FOP in the US? Pine

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ENWP Pine

19 Dec 19 Dec

3:42 p.m.

Hi Steven, My understanding was that nonprofits can lobby all that they like but they cannot support individual candidates for elected political office. Is that not true? Since Congress seems to be the obstacle rather than the courts then I think maximizing lobbying by the community, chapters, and WMF when the next round of US intellectual property law revisions happen would seem to be the right time. Isn't there some discussion that the US patent system is so cumbersome that it's forcing a lot of technology organizations to spend a lot of their effort on amassing patent portfolios and defending against patent trolls? When Congress discusses intellectual property law seems like a good time to also bring up the issue of FOP for the Internet age. Pine Date: Wed, 19 Dec 2012 14:21:12 -0800 From: slaporte(a)wikimedia.org To: advocacy_advisors(a)lists.wikimedia.org Subject: [Advocacy Advisors] Freedom of Panorama [Was: [Wikimedia-l] Fwd: [Internal-l] Israeli Government to Release its images under a free license for public use] Hello Pine, A number of possible freedom of panorama initiatives are being discussed here: http://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama_campaign These proposals are not being led by the WMF itself because there are strict regulations on how a tax-exempt nonprofit organization may engage in legislative activism. The Wikimedia community has many creative ideas. Here are the proposals under discussion on Commons: * Write a convincing rationale for why FoP is a good thing* Petition * US chapters lobby Congress* Set-up an umbrella lobbying organization* Geotargeted CentralNotice banner* Identify allies (was: "Talk to Google")* Identify educational audience for these photos * Sample offline Wikipedias with Kiwix offline reader that need photos* Summary FoP law table* Proposed wording* Short and long term goals* Baby step: state-level arts grants * Identify violations* Throw our toys out of the pram* Lead by example* Guerilla art campaign Which do you think would be the most effective? Best,Stephen On Wed, Dec 19, 2012 at 1:39 PM, ENWP Pine <deyntestiss(a)hotmail.com> wrote: Good! To the WMF folks, is WMF doing any advocacy of its own regarding FOP in the US? Pine -- Stephen LaPorteLegal Counsel Wikimedia Foundation For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity. _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors

Stephen LaPorte

4:34 p.m.

Pine, Nonprofits may lobby, but not without limit. In the U.S., a tax-exempt nonprofit is absolutely prohibited from engaging in political campaign activity (opposing or favoring a political candidate), and lobbying (attempts to influence legislation) cannot be a substantial part of its activity. The lobbying regulations are very technical, so lobbying activity must be monitored for proper accounting. There are alternative types of organizations, such as social welfare organizations (§ 501(c)(4)) and political organizations (§ 527), that have more flexibility to engage in political or lobbying activity. However, these organizations to do not enjoy the same tax benefits as a charitable organization (501(c)(3)). The IRS has useful information on the topic: * http://www.irs.gov/Charities-&-Non-Profits/Lobbying * http://www.irs.gov/pub/irs-tege/election_year_phone_forum_slides.pdf I am happy to see that the discussion on Commons is considering a number of different approaches to the issue. Lobbying is one approach, but outreach and creative licensing can also have a big impact. Thanks, Stephen On Wed, Dec 19, 2012 at 3:42 PM, ENWP Pine <deyntestiss(a)hotmail.com> wrote:

...

Hi Steven, My understanding was that nonprofits can lobby all that they like but they cannot support individual candidates for elected political office. Is that not true? Since Congress seems to be the obstacle rather than the courts then I think maximizing lobbying by the community, chapters, and WMF when the next round of US intellectual property law revisions happen would seem to be the right time. Isn't there some discussion that the US patent system is so cumbersome that it's forcing a lot of technology organizations to spend a lot of their effort on amassing patent portfolios and defending against patent trolls? When Congress discusses intellectual property law seems like a good time to also bring up the issue of FOP for the Internet age. Pine ------------------------------ Date: Wed, 19 Dec 2012 14:21:12 -0800 From: slaporte(a)wikimedia.org To: advocacy_advisors(a)lists.wikimedia.org Subject: [Advocacy Advisors] Freedom of Panorama [Was: [Wikimedia-l] Fwd: [Internal-l] Israeli Government to Release its images under a free license for public use] Hello Pine, A number of possible freedom of panorama initiatives are being discussed here: http://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama_campaignThese proposals are not being led by the WMF itself because there are strict regulations on how a tax-exempt nonprofit organization may engage in legislative activism. The Wikimedia community has many creative ideas. Here are the proposals under discussion on Commons: * Write a convincing rationale for why FoP is a good thing * Petition * US chapters lobby Congress * Set-up an umbrella lobbying organization * Geotargeted CentralNotice banner * Identify allies (was: "Talk to Google") * Identify educational audience for these photos * Sample offline Wikipedias with Kiwix offline reader that need photos * Summary FoP law table * Proposed wording * Short and long term goals * Baby step: state-level arts grants * Identify violations * Throw our toys out of the pram * Lead by example * Guerilla art campaign Which do you think would be the most effective? Best, Stephen On Wed, Dec 19, 2012 at 1:39 PM, ENWP Pine <deyntestiss(a)hotmail.com>wrote;wrote: Good! To the WMF folks, is WMF doing any advocacy of its own regarding FOP in the US? Pine -- Stephen LaPorte Legal Counsel Wikimedia Foundation *For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity.* _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors

Itzik Edri

20 Dec 20 Dec

1:07 a.m.

...

Hi Steven, My understanding was that nonprofits can lobby all that they like but they cannot support individual candidates for elected political office. Is that not true? Since Congress seems to be the obstacle rather than the courts then I think maximizing lobbying by the community, chapters, and WMF when the next round of US intellectual property law revisions happen would seem to be the right time. Isn't there some discussion that the US patent system is so cumbersome that it's forcing a lot of technology organizations to spend a lot of their effort on amassing patent portfolios and defending against patent trolls? When Congress discusses intellectual property law seems like a good time to also bring up the issue of FOP for the Internet age. Pine ------------------------------ Date: Wed, 19 Dec 2012 14:21:12 -0800 From: slaporte(a)wikimedia.org To: advocacy_advisors(a)lists.wikimedia.org Subject: [Advocacy Advisors] Freedom of Panorama [Was: [Wikimedia-l] Fwd: [Internal-l] Israeli Government to Release its images under a free license for public use] Hello Pine, A number of possible freedom of panorama initiatives are being discussed here: http://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama_campaignThese proposals are not being led by the WMF itself because there are strict regulations on how a tax-exempt nonprofit organization may engage in legislative activism. The Wikimedia community has many creative ideas. Here are the proposals under discussion on Commons: * Write a convincing rationale for why FoP is a good thing * Petition * US chapters lobby Congress * Set-up an umbrella lobbying organization * Geotargeted CentralNotice banner * Identify allies (was: "Talk to Google") * Identify educational audience for these photos * Sample offline Wikipedias with Kiwix offline reader that need photos * Summary FoP law table * Proposed wording * Short and long term goals * Baby step: state-level arts grants * Identify violations * Throw our toys out of the pram * Lead by example * Guerilla art campaign Which do you think would be the most effective? Best, Stephen On Wed, Dec 19, 2012 at 1:39 PM, ENWP Pine <deyntestiss(a)hotmail.com>wrote;wrote: Good! To the WMF folks, is WMF doing any advocacy of its own regarding FOP in the US? Pine -- Stephen LaPorte Legal Counsel Wikimedia Foundation *For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity.* _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors

-- Stephen LaPorte Legal Counsel Wikimedia Foundation *For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity.* _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors

Christophe Henner

1:33 a.m.

Hi, WMFr is meeting with many official representatives and "congressman" to explain them what FoP is and why we need it. As of yet, there isn't "much" to report, but we'll keep you posted when there's more. -- Christophe On 20 December 2012 10:07, Itzik Edri <itzik(a)infra.co.il> wrote:

...

Hi Steven, My understanding was that nonprofits can lobby all that they like but they cannot support individual candidates for elected political office. Is that not true? Since Congress seems to be the obstacle rather than the courts then I think maximizing lobbying by the community, chapters, and WMF when the next round of US intellectual property law revisions happen would seem to be the right time. Isn't there some discussion that the US patent system is so cumbersome that it's forcing a lot of technology organizations to spend a lot of their effort on amassing patent portfolios and defending against patent trolls? When Congress discusses intellectual property law seems like a good time to also bring up the issue of FOP for the Internet age. Pine ________________________________ Date: Wed, 19 Dec 2012 14:21:12 -0800 From: slaporte(a)wikimedia.org To: advocacy_advisors(a)lists.wikimedia.org Subject: [Advocacy Advisors] Freedom of Panorama [Was: [Wikimedia-l] Fwd: [Internal-l] Israeli Government to Release its images under a free license for public use] Hello Pine, A number of possible freedom of panorama initiatives are being discussed here: http://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama_campaign These proposals are not being led by the WMF itself because there are strict regulations on how a tax-exempt nonprofit organization may engage in legislative activism. The Wikimedia community has many creative ideas. Here are the proposals under discussion on Commons: * Write a convincing rationale for why FoP is a good thing * Petition * US chapters lobby Congress * Set-up an umbrella lobbying organization * Geotargeted CentralNotice banner * Identify allies (was: "Talk to Google") * Identify educational audience for these photos * Sample offline Wikipedias with Kiwix offline reader that need photos * Summary FoP law table * Proposed wording * Short and long term goals * Baby step: state-level arts grants * Identify violations * Throw our toys out of the pram * Lead by example * Guerilla art campaign Which do you think would be the most effective? Best, Stephen On Wed, Dec 19, 2012 at 1:39 PM, ENWP Pine <deyntestiss(a)hotmail.com> wrote: Good! To the WMF folks, is WMF doing any advocacy of its own regarding FOP in the US? Pine -- Stephen LaPorte Legal Counsel Wikimedia Foundation For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity. _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors

-- Stephen LaPorte Legal Counsel Wikimedia Foundation For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity. _______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors

_______________________________________________ Advocacy_Advisors mailing list Advocacy_Advisors(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors

Amgine

7:36 a.m.

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On 20/12/12 01:07 AM, Itzik Edri wrote:

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According to this laws what WMIL did to lobby and push legislation to release government photos under CC was not ok? - Sent from my mobile device On Dec 20, 2012 2:34 AM, "Stephen LaPorte" <slaporte(a)wikimedia.org> wrote: > Pine, > > Nonprofits may lobby, but not without limit. In the U.S., a > tax-exempt nonprofit is absolutely prohibited from engaging in > political campaign activity (opposing or favoring a political > candidate), and lobbying (attempts to influence legislation) > cannot be a substantial part of its activity. The lobbying > regulations are very technical, so lobbying activity must be > monitored for proper accounting. > > There are alternative types of organizations, such as social > welfare organizations (§ 501(c)(4)) and political organizations > (§ 527), that have more flexibility to engage in political or > lobbying activity. However, these organizations to do not enjoy > the same tax benefits as a charitable organization (501(c)(3)). > > The IRS has useful information on the topic: > > * http://www.irs.gov/Charities-&-Non-Profits/Lobbying * > http://www.irs.gov/pub/irs-tege/election_year_phone_forum_slides.pdf > > > >

I am happy to see that the discussion on Commons is considering a number

...

> of different approaches to the issue. Lobbying is one approach, > but outreach and creative licensing can also have a big impact. > > Thanks, Stephen

I believe WMIL is organized and acting under the rules and laws of Israel. The US IRS rules probably do not specifically apply. (On the other hand, 'substantial part' of its activities is deliberately vague because the purpose of some legitimate 501(c)(3) NGOs may necessarily involve lobbying - e.g. Legal aid, public health, etc.) Amgine

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Itzik Edri

7:48 a.m.

Amgine, Of course the US law not apply on IL, but every entity that get budget from the FDC confirm that he will not be involve in politics lobbing. It seem that what is not consider political lobbing in Israel is consider true in US, so we need to see that we not clash with the FDC rules. Itzik On Thu, Dec 20, 2012 at 5:36 PM, Amgine <amgine(a)wikimedians.ca> wrote:

...

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On 20/12/12 01:07 AM, Itzik Edri wrote:

I am happy to see that the discussion on Commons is considering a number

> of different approaches to the issue. Lobbying is one approach, > but outreach and creative licensing can also have a big impact. > > Thanks, Stephen

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Stephen LaPorte

8:23 a.m.

On Thu, Dec 20, 2012 at 7:48 AM, Itzik Edri <itzik(a)infra.co.il> wrote:

...

FDC funds may not be used for political campaign activity or lobbying, but lobbying activity may be covered by project grants from the GAC or other funding sources. Here is the line on the FDC request form: The term “political or legislative activities” includes any activities

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relating to political campaigns or candidates (including the contribution of funds and the publication of position statements relating to political campaigns or candidates); voter registration activities; meetings with or submissions and petitions to government executives, ministers, officers or agencies on political or policy issues; and any other activities seeking government intervention or policy implementation (like “lobbying”), whether directed toward the government or the community or public at large. Grants for such activities (when permitted under U.S. law and IRS regulations) should be sought from the GAC.

http://meta.wikimedia.org/wiki/Funds_Dissemination_Committee/Grant_applicat… See also http://meta.wikimedia.org/wiki/Funds_Dissemination_Committee/Framework_for_… I cannot provide you legal advice, but I am happy to discuss the issue with you in detail if you are concerned. -- Stephen LaPorte Legal Counsel Wikimedia Foundation *For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity.*

Itzik Edri

8:30 a.m.

Thanks Stephen It's interesting issue and I don't know how many chapters or people from the FDC\GAC are members here, so it may be better to have it also in a wider community. 1. Why there is diffrent between what allow under money that comes from the FDC and the GAC? I thought the problem is the WMF finance something that is not legal under the U.S law - but it both of the cases the money come from the same source. 2. "Grants for such activities (when permitted under U.S. law and IRS regulations)" - so, back again to the question - if in IL is legal to NGO and non profit NGO to support lobbying such as what we did, and you say that according to the U.S law - it's not allow - it mean that also the GAC is not allow to finance it? Itzik On Thu, Dec 20, 2012 at 6:23 PM, Stephen LaPorte <slaporte(a)wikimedia.org>wrote;wrote:

...

On Thu, Dec 20, 2012 at 7:48 AM, Itzik Edri <itzik(a)infra.co.il> wrote:

Geoff Brigham

9:34 a.m.

I will save Stephen here. :) On Thu, Dec 20, 2012 at 8:30 AM, Itzik Edri <itzik(a)infra.co.il> wrote:

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Under U.S. law, we are required to track grant money for legislative activities (some of which are permitted within certain IRS defined parameters). The Grants Program is used for project specific grants for such legislative activities; grants under that program are easier for us to track for U.S. IRS purposes. The IRS is strict about this and we need to ensure close control on the use of the money. The Grants Program provides that mechanism. Chapters cannot use WMF grant money for legislative activities without approval from WMF (and that approval is provided through the Grants Program). Before approving such a grant, WMF needs to ensure the grants fall within the tolerated parameters.

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2. "Grants for such activities (when permitted under U.S. law and IRS regulations)" - so, back again to the question - if in IL is legal to NGO and non profit NGO to support lobbying such as what we did, and you say that according to the U.S law - it's not allow - it mean that also the GAC is not allow to finance it?

As the IRS links demonstrate (which Stephen sent out), non-profits can engage in some limited legislative activities but that engagement must be within certain parameters (including financial thresholds). WMF is required to track the use of such grants for IRS purposes. Hope that helps, Itzik. Take care, Geoff

...

Itzik On Thu, Dec 20, 2012 at 6:23 PM, Stephen LaPorte <slaporte(a)wikimedia.org>wrote;wrote:

On Thu, Dec 20, 2012 at 7:48 AM, Itzik Edri <itzik(a)infra.co.il> wrote:

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-- Geoff Brigham General Counsel Wikimedia Foundation 149 New Montgomery Street San Francisco, CA 94105 +1 (415) 839-6885 ext. 6750 gbrigham(a)wikimedia.org *California Registered In-House Counsel* *This message might have confidential or legally privileged information in it. If you have received this message by accident, please delete it and let us know about the mistake. For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity.*

Itzik Edri

9:49 a.m.

Thanks Geoff. I'll try to find time on Saturday to read more about it and will reply again if I have more questions, but I think it worth to write more detailed email about it to wider audience to clarify this sensitive issues. I know many chapters talk eith us on the last year to get tips on lobbying and legislation and we been asked to present it on next Wikimania. I think that if for me it wasn't so clear, and i'm member and read almost every email on all the non-tech lists (yeah, i need a shrink, i know) so i guess many others don't know it also. Itzik - Sent from my mobile device On Dec 20, 2012 7:34 PM, "Geoff Brigham" <gbrigham(a)wikimedia.org> wrote:

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I will save Stephen here. :) On Thu, Dec 20, 2012 at 8:30 AM, Itzik Edri <itzik(a)infra.co.il> wrote:

Itzik On Thu, Dec 20, 2012 at 6:23 PM, Stephen LaPorte <slaporte(a)wikimedia.org>wrote;wrote:

On Thu, Dec 20, 2012 at 7:48 AM, Itzik Edri <itzik(a)infra.co.il> wrote:

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Amgine
Christophe Henner
ENWP Pine
Geoff Brigham
Itzik Edri
Stephen LaPorte