Daniel R. Tobias wrote:
On 14 Oct 2006 at 23:12, "the wub"
<thewub.wiki(a)googlemail.com>
wrote:
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)
What it sounds like is that the Philippine government is creating a
separate type of intellectual property which is explicitly not
"copyright", but which still restricts the commercial (but not
noncommercial) use of the applicable material. Governments are
allowed to do such things by law (within whatever constraints their
constitution may make), but such laws apply only within their own
borders (unless extended elsewhere by treaty). Since, as far as I
know, there are no international treaties protecting non-copyrighted
governmental works that have use restrictions by national law (this
wouldn't fall under copyright treaties since it's not a copyright),
they would only be able to enforce this restriction within the
Philippines, and in the rest of the world the works would be entirely
public domain.
It would be interesting to see how Philippine courts have ruled on
this. The law as stated does contradict itself, and in those
circumstances it is prefectly normal to choose the interpretation that
most suits us. If a government draft its legislation badly it needs to
accept the consequences. I think that using such material as public
domain material is perfectly safe.
Ec