Hi all,
TLDR: someone is stealing WLM photo on https://fineartamerica.com/profiles/paul-fearn.html?tab=artwork&page=11 :/
Longer story: WMFR just received an OTRS message from a WLM competitor who discovered that someone is wrongly taking credits for its WLM photos (and other WLM files and other files from Commons apparently) on the fineartamerica website. This competitor send a mail to this website and asked if WMFR can help in any way. So now, I'm sending you this mail to know whether you had to deal with things like this or if you have any ideas of what should be done.
Cdlt, ~nicolas
Hi,
Thanks for bringing this to our attention. On the International team end, I'm taking this thread to our internal list to discuss and get back to you. Others are more than welcome to share past experiences, of course.
Best, Lily
On Wed, Jan 3, 2018 at 7:34 AM, Nicolas VIGNERON vigneron.nicolas@gmail.com wrote:
Hi all,
TLDR: someone is stealing WLM photo on https://fineartamerica.com/profiles/paul-fearn.html?tab=artwork&page=11 :/
Longer story: WMFR just received an OTRS message from a WLM competitor who discovered that someone is wrongly taking credits for its WLM photos (and other WLM files and other files from Commons apparently) on the fineartamerica website. This competitor send a mail to this website and asked if WMFR can help in any way. So now, I'm sending you this mail to know whether you had to deal with things like this or if you have any ideas of what should be done.
Cdlt, ~nicolas
Wiki Loves Monuments mailing list WikiLovesMonuments@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments http://www.wikilovesmonuments.org
Much as I'd like to see the WMF or maybe the chapters getting proactive about this, that site does have a published take down process. https://fineartamerica.com/termsofuse.html
Has this been pointed out to the photographer?
Regards
Jonathan
On 3 Jan 2018, at 19:38, Lily lilyofthewest.wikimedia@gmail.com wrote:
Hi,
Thanks for bringing this to our attention. On the International team end, I'm taking this thread to our internal list to discuss and get back to you. Others are more than welcome to share past experiences, of course.
Best, Lily
On Wed, Jan 3, 2018 at 7:34 AM, Nicolas VIGNERON vigneron.nicolas@gmail.com wrote:
Hi all,
TLDR: someone is stealing WLM photo on https://fineartamerica.com/profiles/paul-fearn.html?tab=artwork&page=11 :/
Longer story: WMFR just received an OTRS message from a WLM competitor who discovered that someone is wrongly taking credits for its WLM photos (and other WLM files and other files from Commons apparently) on the fineartamerica website. This competitor send a mail to this website and asked if WMFR can help in any way. So now, I'm sending you this mail to know whether you had to deal with things like this or if you have any ideas of what should be done.
Cdlt, ~nicolas
Wiki Loves Monuments mailing list WikiLovesMonuments@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments http://www.wikilovesmonuments.org
-- User: LilyOfTheWest
Wiki Loves Monuments mailing list WikiLovesMonuments@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments http://www.wikilovesmonuments.org
Nicolas VIGNERON, 03/01/2018 17:34:
So now, I'm sending you this mail to know whether you had to deal with things like this or if you have any ideas of what should be done.
Assuming the copyfraudster has already been kindly pointed to https://commons.wikimedia.org/wiki/COM:REUSE, the next step is for the photographer to take action. He can try with the friendly http://photoclaim.com/en/.
Given the strong moral rights laws in France, lex loci protectionis and various previous court rulings, I'd expect the lawyers to threaten a lawsuit for a few thousands euro and quickly settle for less.
I also usually go fetch suggestions from https://wiki.creativecommons.org/wiki/Case_Law but I don't see anything from France there.
Federico
What you say is tempting, Federico, I could probably retire if I get, not 500€, but 2€, from everyone using my works on Commons without any effort to try to fulfil the license (some do try that but do it anyhow wrong, e.g. stating Wikipedia instead of the author + CC License). Is that the way I should go? We had some cases in the past about this and you know, if people find out that via Wikimedia you can get rich, it could get funny.
Stressing the compliance with the licenses or providing easy ways (like the license generator [1]) can surely help but I was hoping more support from the Foundation or CC, that never came.
WMES is starting a "service" for photographers having this kind of problem (channeling complaints, creating a web page with information about dos and don'ts, setingup an email like legalissues@wikimedia.es). Maybe it makes sense to foster some exchange among the chapters about this topic, which is, believe me, very frustrating for people like me.
[1] https://lizenzhinweisgenerator.de/
2018-01-03 16:48 GMT+01:00 Federico Leva (Nemo) nemowiki@gmail.com:
Nicolas VIGNERON, 03/01/2018 17:34:
So now, I'm sending you this mail to know whether you had to deal with things like this or if you have any ideas of what should be done.
Assuming the copyfraudster has already been kindly pointed to < https://commons.wikimedia.org/wiki/COM:REUSE%3E, the next step is for the photographer to take action. He can try with the friendly < http://photoclaim.com/en/%3E.
Given the strong moral rights laws in France, lex loci protectionis and various previous court rulings, I'd expect the lawyers to threaten a lawsuit for a few thousands euro and quickly settle for less.
I also usually go fetch suggestions from https://wiki.creativecommons. org/wiki/Case_Law but I don't see anything from France there.
Federico
Wiki Loves Monuments mailing list WikiLovesMonuments@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments http://www.wikilovesmonuments.org
WMNL very occasionally reaches out to organisations that use CC images without proper attribution. Usually we get a response that they didn't know (which I sometimes I can't really blame them for, to be honest, given that even on Wikipedia you have to click on an image to even be able to see who made it and under which license, instead of the author being listed in the description), and they correct it.
I've thought about setting up some sort of social media "name and shame" list, where photographers could post links to "offenders", complete with catchy hashtag, so that we can create more awareness of this issue.
Arne Wossink
Projectleider / Project Manager Wikimedia Nederland
*(Werkdagen: maandag, dinsdag, donderdag / Office hours: Monday, Tuesday, Thursday)*
Tel. +31 (0)6 11000505 E-mail: wossink@wikimedia.nl
*Post/bezoekadres:* Mariaplaats 3 3511 LH Utrecht
2018-01-03 19:28 GMT+01:00 Diego Delso pocoapocowiki@gmail.com:
What you say is tempting, Federico, I could probably retire if I get, not 500€, but 2€, from everyone using my works on Commons without any effort to try to fulfil the license (some do try that but do it anyhow wrong, e.g. stating Wikipedia instead of the author + CC License). Is that the way I should go? We had some cases in the past about this and you know, if people find out that via Wikimedia you can get rich, it could get funny.
Stressing the compliance with the licenses or providing easy ways (like the license generator [1]) can surely help but I was hoping more support from the Foundation or CC, that never came.
WMES is starting a "service" for photographers having this kind of problem (channeling complaints, creating a web page with information about dos and don'ts, setingup an email like legalissues@wikimedia.es). Maybe it makes sense to foster some exchange among the chapters about this topic, which is, believe me, very frustrating for people like me.
[1] https://lizenzhinweisgenerator.de/
2018-01-03 16:48 GMT+01:00 Federico Leva (Nemo) nemowiki@gmail.com:
Nicolas VIGNERON, 03/01/2018 17:34:
So now, I'm sending you this mail to know whether you had to deal with things like this or if you have any ideas of what should be done.
Assuming the copyfraudster has already been kindly pointed to < https://commons.wikimedia.org/wiki/COM:REUSE%3E, the next step is for the photographer to take action. He can try with the friendly < http://photoclaim.com/en/%3E.
Given the strong moral rights laws in France, lex loci protectionis and various previous court rulings, I'd expect the lawyers to threaten a lawsuit for a few thousands euro and quickly settle for less.
I also usually go fetch suggestions from https://wiki.creativecommons. org/wiki/Case_Law but I don't see anything from France there.
Federico
Wiki Loves Monuments mailing list WikiLovesMonuments@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments http://www.wikilovesmonuments.org
Wiki Loves Monuments mailing list WikiLovesMonuments@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments http://www.wikilovesmonuments.org
Hi,
I don't know who to thank but the WLM photos were deleted from https://fineartamerica.com/profiles/paul-fearn.html Thanks to the ones that make it happen!
FYI, there is still other pictures probably taken from Commons, but they seems to be PD.
Cdlt, ~nicolas
Yuck.
That said, perhaps we should think about integrating a link to a CC-friendly printshop that can produce prints roughly at cost, perhaps with the WP URL and license on the back. (prints are basically the only service 'fineartamerica' provides.)
In the US I use shortrunposters, ~$4 for a 2'x3' print (so, 5% the cost of fineartamerica); I bet there are others.
SJ
On Wed, Jan 3, 2018 at 10:34 AM, Nicolas VIGNERON < vigneron.nicolas@gmail.com> wrote:
Hi all,
TLDR: someone is stealing WLM photo on https://fineartamerica.com/ profiles/paul-fearn.html?tab=artwork&page=11 :/
Longer story: WMFR just received an OTRS message from a WLM competitor who discovered that someone is wrongly taking credits for its WLM photos (and other WLM files and other files from Commons apparently) on the fineartamerica website. This competitor send a mail to this website and asked if WMFR can help in any way. So now, I'm sending you this mail to know whether you had to deal with things like this or if you have any ideas of what should be done.
Cdlt, ~nicolas
Wiki Loves Monuments mailing list WikiLovesMonuments@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments http://www.wikilovesmonuments.org
wikilovesmonuments@lists.wikimedia.org