The relevant bit of the law (from
http://www.congress.gov.ph/download/ra_10/RA08293.pdf) reads:
SEC. 176. Works of the Government. – 176.1. No copyright
shall subsist in any work of the Government of the Philippines.
However, prior approval of the government agency or office wherein
the work is created shall be necessary for exploitation of such
work for profit. Such agency or office may, among other things,
impose as a condition the payment of royalties. No prior approval
or conditions shall be required for the use for any purpose of
statutes, rules and regulations, and speeches, lectures, sermons,
addresses, and dissertations, pronounced, read or rendered in
courts of justice, before administrative agencies, in deliberative
assemblies and in meetings of public character. (Sec. 9, first par.,
P.D. No. 49)
(English is an official language of the Phillipines, and this is from an
official site, so I presume this is a good translation)
So they explicitly state there is no copyright (rather than saying "public
domain"), then go on to claim no commercial use is allowed.
Something of a contradiction I think, but it seems pretty clear what the
intention is. Such images would not be acceptable on Wikipedia (other than
under fair use)
the wub
On 10/14/06, David Alexander Russell <david(a)davidarussell.co.uk> wrote:
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Bogdan Giusca wrote:
There's a peculiar copyright case for the
governmental works
from Philippines.
Apparently, they are at the same time in the Public Domain
and under a Non-Commercial/Permission license, or at least
the current template claims so:
"this work is only available in the public domain under a
non-commercial and permission-based license"
Also, it claims that the images should be used "in accordance with
Wikipedia's fair use policy", but none of the 500+ images have any
fair-use rationale...
http://en.wikipedia.org/wiki/Template:PD-PhilippinesGov
I think that is probably a mistranslation of original government text.
My guess is that it actually means 'this work is only available _to the
public_ under a non-commercial and permission-based license'. Not having
seen the original (and not being able to understand any language other
than English or /extremely/ basic French) I can't guarantee this however.
Cynical
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