[Sorry for this excurse]
Dear Geni, the 20 years indeed come from article 24 of law 11 723. The 25 years come from the Berne Convention. In any case, Argentine copyright law is already known and documented in Commons, and we have been using a specific template (PD-AR-Photo) for years. Regarding article 31, personality rights do not apply to public activities; what the law is protecting are private portraits in particular: "Publication of portraits is free when related with scientific, didactical and in general cultural goals, or with facts or events in the public interest or that have developed in public".
Best,
Galileo
On Wed, Feb 26, 2014 at 6:51 PM, geni geniice@gmail.com wrote:
On 24 February 2014 20:51, Galileo Vidoni galio2k@gmail.com wrote:
Dear movement fellows,
Wikimedia Argentina would like to express its support for the letter by Wikimedia Israel regarding URAA-motivated massive content deletions in Wikimedia Commons. Yet, we would like to express our view not only to the Foundation BoT but also to all Wikimedia editors, and especially to those working in Wikimedia Commons.
Volunteers from Argentina have been among the most affected by the policy adopted by Wikimedia Commons administrators regarding images that could fall under URAA copyright provisions. Argentine copyright law provides
that
images enter the public domain "only" 25 years after their production and 20 after their first documented publication.
You really should cite the relevant law if you want commons to pay attention to you.
Okey I get that the 20 years come from Article 34 but I'm not sure where the 25 years comes from.
This relatively generous criterion has enabled unaffiliated volunteers and we as Wikimedia
Argentina
to enrich Commons with hundreds of thousands of historical images that
are
absolutely free under Argentine law: images of the political and every
day
life of the country, of its culture, of its popular idols, of its joyful and dark days, of its customs and architecture.
Absolutely free? Not so. Due to Article 31 pretty much any photo that shows a person who hasn't been dead for 20 years isn't free (this is a side effect of Argentina going for a rather extreme form of personality rights)
I'd also advise you against hosting locally. Under Article 72 bis (d) copyright violations can carry a prison sentence.
-- geni _______________________________________________ Wikimedia-l mailing list Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe