On 22/07/06, Gregory Maxwell <gmaxwell(a)gmail.com> wrote:
This is a complex issue involving a lot of handwaving
and bullshit.
In germany they have a legal concept called "right of panorama" which
appears to be intended to address cases of incidental inclusion (as
we'd know them in the US). The idea is that the fact that the
populated world is saturated with copyrighted works shouldn't inhibit
you from taking pictures in public...
However, when you turn around and use such an image as a direct
replacement for the copyrighted work which you, presumably, couldn't
use there is no way that you'd be able to claim incidental inclusion
in the US. I'm not qualified to say what the decision would be in
Germany, but I'd really be surprised if it were any different.
Aren't the images are still stored in Florida so are covered by US
law? Why is German law at all considered?
Legally Wikimedia is likely okay because these works
would easily be
considered fair use... But they aren't free content when used in the
capacity... but use adds a whole extra dimension the people would
rather ignore.
To be OK don't we have to attach a fair use rational to these photographs?
--
Oldak Quill (oldakquill(a)gmail.com)