Hi,

I suggest to have the factual copyright discussion on Wikimedia Commons. Otherwise it is kind of pointless, because the admins still will not see it :)

Andrij: I would also suggest to not call this kind of good faith vandalism - that is highly inappropriate. It may be unconstuctive, not according to the procedures etc - but you can assume that admins don't "vandalize".š

Best,
Lodewijk

2012/10/5 Roel Balingit <roel.balingit@wikimedia.org.ph>
I've had the same experience in the Philippines. It's because Wikimedia Commons has determined that the Philippines doesn't have Freedom of Panorama which according to a lawyer I've talked to mentioned is not exactly accurate, but the Commons administrator would still require an official ruling from our Intellectual Property rights office which could talk a long time.š

Roel


On Fri, Oct 5, 2012 at 2:31 PM, Yaroslav M. Blanter <putevod@mccme.ru> wrote:
On Thu, 4 Oct 2012 23:54:50 +0200, Tomasz Ganicz wrote:
2012/10/4 áÎÄÒ¦Ê âÏÎÄÁÒÅÎËÏ <bondareandre@gmail.com>:
I need to look at these photos to be sure it is true.


Well - regarding the pictures which were assumed to be copyvio due to
no freedom of panorama in Ukraine and showing buildings made by Polish
architects before II World War - the case is not that obvious and IMHO
should be carefully discussed - maybe even with help of professional
lawyer.

I don't know anythingh about current Ukrainian law - but if we assume that

a) Lviv was Polish before II world war
b) the architect was Polish citizen

The applicable copyrigh work for plans of builiding is rather Polish
than Ukrainian.

Acutally the bulidings are on Ukrainian soil - but the copyright is
not about physical objects but about the creative work of architect,
so in fact it doesn't matter where the physical object is actually
located to decide which law is applicable.

I think it is most likely that the Ukrainian law applies here and the buildings are not free - on the other hand, ALL FoP-related deletions on Commons have to go through AfD. Speedy deletions of FoP cases are not appropriate - because there are legal issues involved, there are de minimis arguments, and speedy deletion is not an appropriate avenue to address them.

Cheers
Yaroslav



--

ROEL BALINGIT
Treasurer
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