Robert Scott Horning wrote:
Ray Saintonge wrote:
Mark Wagner wrote:
Nothing will change for en.wiki? Hardly. If
I'm reading this
correctly, most of the images used under a claim of "fair use" are no
longer allowed, and we'll need to figure out how to delete some
200,000 images, as well as how to educate thousands of users who are
used to uploading those sorts of images.
Record album covers? book covers? publicity shots? These are all used
to such an extent that the owners can be treated as having abandoned
copyright
Unfortunately there is no "statute of limitations" on copyright
infringement. Unlike trademark and patent laws, copyright can be
enforced retroactively many years, even decades after the infringement
has occured. It does not require active enforcement if somebody wants
to go in and try to seek damages... even if the image has since passed
into the public domain. And due to the Berne Convention, there is no
asserted copyright that must be filed first in order to assume
copyright. All images have complete copyright protections unless you
have explicitly recieved the content via license... hence the need for
something like the GPL and GFDL.
This is not correct. See Section 507 of the US copyright law which
provides a three year limitation for civil action, five years for wilful
criminal infringements.
Under Section 411 registration of US works is a prerequisite to starting
an action for infringement, and no damages can be collected inrespect of
a period that preceded registration. To satisfy the Berne convention
the work is still protected from the time it is produced, but that is
not enough to start an action.
This is relatively recent in terms of American
copyright standards,
where you could assume abandonded copyright if it wasn't registered with
the Library of Congress, or if the copyright wasn't renewed.
Politically, I think that is a much more valid way to address copyright
where only those things that people are willing to say "I want this
copyrighted!" can get that kind of protection, but that isn't current law.
As a rule of thumb I would say three years of complete inactivity on the
part of the copyright owner would be sufficient for a claim of
abandonment. In the case involving the Scientology papers a shorter
period was ruled applicable for abandonment.
As things stand almost anything can be copyrighted, including such
ephemera as advertising flyers that most of us like to throw away. We
could not legally reproduce a 50-year old grocery flyer to show what the
prices were like then; it does not matter if the company long ago ceased
operation. The need to register would create a situation where orphaned
material of this sort could be forced into the public domain by
abandonment. The broad brush of the current regime only favours the big
publishers, and creates confusion for everybody else.
I have occasionally considered the idea of promoting an OrphanWiki.
Because of the potential legal implications this would need to be a
separate project. Such a Project would include certain works which are
strictly speaking still protected by copyright, but whose owners are
unknown. What the project is doing would be flagrantly publicized in
the hopes of flushing out the owner. If nothing at all is heard for
three years the work could be treated as having gone into the public
domain by abandonment.
Ec