Hi everyone,

This gets a bit confusing. Let's go step by step. You take a photo of a building.
1. Is the buildings architect death for more than 70 years? Yes. Free

2. Is the building the main subject? No. Free.

3. Does the country have Freedom of Panorama (FOP). Yes: Free. No: Unfree.

4. Does your Wikipedia have an exemption doctrine (like Fair Use) for buildings. Yes: you can use the (low resolution) image at your local Wikipedia.

Italy is a special case. The law just dictates that the Italian government owns the rights of certain buildings.

Maarten

Op 26 apr 2011 om 12:13 heeft Lodewijk <lodewijk@effeietsanders.org> het volgende geschreven:\

Hi,

lets not jump to conclusions just yet :) 

I don't read the template like you do, and understand the Estonian situation quite differently. As I understand it, there are basically two exemptions (The Fair Use-like exemption for buildings and the 70-year-after-death exemption) which have overlap in old buildings. The fact that the FU-exemption does not specify the 70 year one does not invalidate the out-of-copyright situation. And then even this is all based on Commons-templates, which are user generated, not necessarily by experts and simplified to make it easier to understand. 

Best regards,

Lodewijk

2011/4/26 Jane Darnell <jane023@gmail.com>
Hmm, then in that case, there is a problem with all of those pictures. Of course, in some countries, there is a gap between the law and enforcement. I don''t know if Wikipedia Estonia needs to worry in the way the Italians do. Having laws doesn't always imply enforcement. If the law is as the Commons templates currently suggest, then I believe however that only Wikipedia Estonia can host these pictures, since they are the only ones who can take the no-enforcement risk.

That does mean however that they cannot take part in the Europe-competition, because I really don't see how you can set up the photo-upload tool to work for them.

How sad!

Jane


2011/4/26 Ole Palnatoke Andersen <palnatoke@gmail.com>
On Tue, Apr 26, 2011 at 11:14 AM, Jane Darnell <jane023@gmail.com> wrote:
...
> The way to technically get around this one is to make sure that the object
> is NOT the main subject of the photo. Then all is well.
> hope it helps,

Yes and no - in
http://commons.wikimedia.org/wiki/File:Haapsalu_linnus10.jpg, the wall
ruin is the main subject of the photo, no matter what you claim.

Regards,
Ole


--
http://palnatoke.org * @palnatoke * +4522934588


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