On Thu, Jul 19, 2012 at 4:06 PM, Matthew Roth <mroth@wikimedia.org> wrote:
Hi all,
In Washington DC after Wikimania, I went on a monument photo walk and was very happy with some of the photos I took of the Vietnam Veterans Memorial wall. Then I started looking at the FoP rules in the U.S. and realized I don't think I can upload most of those photos to Commons, given the wall is likely considered a statue and is therefore under copyright. Several questions:

1. Is this accurate? Should I consider the photos as inadmissible?

I believe the Vietnam Veterans Memorial wall is okay, however the Vietnam Womens Memorial and the Korean War Memorial are both copyrighted and it's been enforced.

http://www.techdirt.com/articles/20120515/14051218928/postal-service-could-be-hook-millions-daring-to-memorialize-korean-war-memorial.shtml

 
2. Does anyone have experience in other countries with monuments that are on the list but are still under copyright? Will we need to be clear that some of the sites on the Register in the U.S. are not eligible for the contest?

1978 and 1989 are the magic dates relating to copyright of public artwork

http://commons.wikimedia.org/wiki/Commons:Public_art_and_copyrights_in_the_US

 
3. How does the primary photo on the EnWP article qualify to be hosted on Commons?

Per the freedom of panorama and other guidelines (see above)

Note that the rules vary greatly from country to country.  Permanently situated outdoor sculpture in Canada is okay for Commons, but not the U.S. and other places.

Cheers,
Katie

 
Is there a percentage of a photo that can still contain a copyrighted monument and be acceptable for upload to Commons? Or is it a resolution issue? It seems there are various photos of the wall that are on Commons that similarly display the wall without copyright notices or templates, like this one.

Any insight would be appreciated.

thanks,
Matthew


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Matthew Roth
Global Communications
Wikimedia Foundation
+1.415.839.6885 ext 6635
www.wikimediafoundation.org


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