If PRC law says that factual statements published in PRC media cannot be copyrighted, then those statements may be available under a sort of PRC-PD license for anyone to use, including zh.wp -- it would not be a matter of fair use.
Under PRC law, are statements of simple fact *published outside of PRC* copyrighted? I believe you should not use text whose authors/publishers expect them to be copyrighted, unless it is also fair use within US law.
SJ
On Thu, Jun 25, 2009 at 9:01 AM, Jimmy Xuxu.jimmy.wrk@gmail.com wrote:
So that is, due to P.R. of China Copyright Law, text that published in newspapers, periodicals, radio and TV stations and other media reported the news of the simple fact are not copyrighted. But I cannot find these exception in US Copyright Law. Maybe it's only because my English is not so good and I didn't caught it, maybe it's a possible conflict. And if so, can we use these text published in P.R. of China in Wikipedia as if they were in PD?
And, the image now has no problem at all, everything causes by the text.
Jimmy_xu_wrk@zhwiki 06/25/2009
On Thu, Jun 25, 2009 at 12:30 PM, Samuel Kleinmeta.sj@gmail.com wrote:
What are examples of something which is fair use under chinese law but not under US law? <goes to check the discussion>
In general you should not upload anything that violates US law. Additional standards are set by each community - in terms of free license v. fair use, whether an image is being used effectively on the project, &c.
SJ
On Thu, Jun 25, 2009 at 5:49 AM, Jimmy Xu<xu.jimmy.wrk at gmail.com> wrote:
On Thu, Jun 25, 2009 at 7:28 AM, teun spaans <teun.spaans at gmail.com> wrote:
IANAL, but I suppose three things must be considered:
- US law, where the servers are based
- the country where a work originates
- the country to which the wikipedian belongs.
Thanks, but there is still a problem: If these laws are under conflict, like the local law allows fair-use to some material but the US law doesn't, what should we do. I can't decide whether it should be marked as a copyright violation per US law or just being accepted per
local ones? Thanks.
Jimmy_xu_wrk at zhwiki 06/25/2009
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