On 19 March 2016 at 19:30, Benjamin Lees emufarmers@gmail.com wrote:
On Fri, Mar 18, 2016 at 7:50 PM, Gnangarra gnangarra@gmail.com wrote:
of course I dont expect people to know their copyright laws in detail or to have read them but
they
do know the principles of it and what they can do
Are you sure? In the US, at least, industry groups go to a lot of trouble to "remind" people of the things they're not supposed to do. :)
outside the US things like copyright isnt respected, enforced or even part of a person education especially in third world countries, there is no specific mention of digital work provisions in the Angola law
But I'm not sure the provisions you point to are actually so unusual.
- Non protected works Article 9 section c -- news of the day
published
by the press or broadcast
This is in the Berne Convention (article 2, section 8).
international conventions and agreements dont reach the end users knowledge even in first world countries I sure very few people in the US would know the changes being introduced in the TPP , I'd guess that alot of the people on this list are living in countries that didnt even exist when the Berne Convention was signed. We also have the URAA which even Commons has struggled with swings in interpretation over the last few years
- Chapter IV Uses lawful without Authorisation article 29 section b -
reproduction by photographic process or process analogous to
photographic
process by <snip> documentation centres <snip> or teaching
organisations
..... refers to minimum amount of copies necessary, but wither way Wikipedia would fall into either of these definitions as permitted to reproduce
I don't know if Wikipedia would actually be covered by this: those terms are probably pretty narrow (and this is just a translation of the law, anyway). In any event, it's pretty standard for copyright laws to make allowances for limited educational use.
This isnt limited reproduction of parts its the whole of the item can be reproduced,
- article 30 - is the key here it enables translation into Portuguese
after 3 years without any real restrictions - hence why the pt.wikis
are
having so much of an issue and by extension commons where they
encourage
uploading of media
This appears to implement article 2 of the Berne Convention's "special provisions regarding developing countries" (Angola isn't a signatory, but it has signed the TRIPS Agreement, which incorporates those provisions). It actually looks quite restrictive (the license has to be granted by the "State Secretariat for Culture", you have to try to get permission first, there are limitations on export, and you still have to pay the copyright holder).
I don't think problematic uploads from mobile are a new or regional phenomenon—I seem to recall an earlier "selfiepocalypse".
the problem coincided with Wikipedia Zero introduction, currently volunteers spend thousands of hours every year dealing with copyright violations from 1st world countries , the issue how do we stop the inundation when its related to WP Zero activation, one is looking at the copyright in each region and taking steps to avoid the creation of work for the current volunteers, we know any two lawyers can read the same law and come to differing interpretations
What could solve an immediate burden on current volunteers when introducing WP Zero one possibility is a read only access period, another is media upload restrictions, but also incorporating some copyright education to end users as well as the identifying which of our volunteer communities are likely to impacted and provide clarity or least a WMF interpretation on FOP, reuse, fair use , moral rights etc to those communities so they can be prepared to address the impact. Maube ot be possible toput something like pending revisions on uploads from the ip range of the country so at least its not generally available in the initial period. This has been an on going issue for Commons and pt.wp for 12 months, its an issue that should be addressed prior to startup not left to community to stumble around to resolve leaving good faith editors impacted unfairly because there was no preparation or support in managing the issue in the first instance. (yes acknowledging that experience & hindsight are good teachers)
Gn.
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