Hoi, In the Netherlands a new princess has been born. She is the second daughter of prins Willem-Alexander our crown prince. Today the little girl was named Alexia Juliana Marcella Laurentien and registered at our "burgerlijke stand".
There are plenty of lovely pictures of this event. The only restriction is in the use of the photos. The pictures can be used for practically any use except for the fact that they may not be used in advertisements. So, it is not allowed to advertise for baby-formula and show a picture of little princess Alexia.
The pictures can be used in a commercial context, educational and informative is explicitly OK it is just advertisements that are disallowed.
My question: is this a restriction that we can make when we use material like this on our Wikimedia projects ..
By law it is not allowed anyway to use pictures of members of the royal family in advertisements. So it is explicitly stating what all the people from the Netherlands should already know.. (it is assumed that everyone knows the law .. :) )
Thanks, GerardM
GerardM wrote:
There are plenty of lovely pictures of this event. The only restriction is in the use of the photos. The pictures can be used for practically any use except for the fact that they may not be used in advertisements. So, it is not allowed to advertise for baby-formula and show a picture of little princess Alexia.
Strictly speaking that restriction would be contrary to GFDL.
The pictures can be used in a commercial context, educational and informative is explicitly OK it is just advertisements that are disallowed.
My question: is this a restriction that we can make when we use material like this on our Wikimedia projects ..
I doubt it. Tracing and evaluating these usages, and determining what is advertizing is probably more than anyone wants to do. Allowing our material to be used in any context saves a lot of problems.
By law it is not allowed anyway to use pictures of members of the royal family in advertisements. So it is explicitly stating what all the people from the Netherlands should already know.. (it is assumed that everyone knows the law .. :) )
Is this a matter of copyright or of the law about the Royal Family? What would be the status of an unofficial picture taken through a papparazo's telephoto lens if he chose to realease that picture under GFDL?
Ec
Ray Saintonge wrote:
GerardM wrote:
There are plenty of lovely pictures of this event. The only restriction is in the use of the photos. The pictures can be used for practically any use except for the fact that they may not be used in advertisements. So, it is not allowed to advertise for baby-formula and show a picture of little princess Alexia.
Strictly speaking that restriction would be contrary to GFDL.
The pictures can be used in a commercial context, educational and informative is explicitly OK it is just advertisements that are disallowed.
My question: is this a restriction that we can make when we use material like this on our Wikimedia projects ..
I doubt it. Tracing and evaluating these usages, and determining what is advertizing is probably more than anyone wants to do. Allowing our material to be used in any context saves a lot of problems.
I am sure the RVD or "Rijks Voorlichtings Dienst" will do that for us. It is just for us to state the required limitations.
By law it is not allowed anyway to use pictures of members of the royal family in advertisements. So it is explicitly stating what all the people from the Netherlands should already know.. (it is assumed that everyone knows the law .. :) )
Is this a matter of copyright or of the law about the Royal Family? What would be the status of an unofficial picture taken through a papparazo's telephoto lens if he chose to realease that picture under GFDL?
Ec
It is against the law in the first place to use pictures of the Royal Family in an advertisement. A papparazo makes his foto's for the "gossip" press. That is not using it for advertisements. As far as I know you are not allowed to use pictures of people without their release anyway. The release of these pictures is however explicit about what it can be used for. Thanks, GerardM
Am 28.06.2005 um 20:56 schrieb Gerard Meijssen:
Is this a matter of copyright or of the law about the Royal Family? What would be the status of an unofficial picture taken through a papparazo's telephoto lens if he chose to realease that picture under GFDL?
It is against the law in the first place to use pictures of the Royal Family in an advertisement. A papparazo makes his foto's for the "gossip" press. That is not using it for advertisements.
It sounds similar to the limitations for using coats of arms, we had quite a long discussion on de: about that and right now we are having a disclaimer that there are laws to obey in Germany if one uses these coats of arms. Maybe a simlare information would be enough.
As far as I know you are not allowed to use pictures of people
without their release anyway. The release of these pictures is however explicit about what it can be used for.
It depends on how popular that person is. since the Caroline-judgment you can often see unimportant persons or even familiy members of pictures blacked out.
ciao, tom -- http://de.wikipedia.org/wiki/Benutzer:TomK32 http://www.tomk32.de
Ray Saintonge wrote:
GerardM wrote:
There are plenty of lovely pictures of this event. The only restriction is in the use of the photos. The pictures can be used for practically any use except for the fact that they may not be used in advertisements. So, it is not allowed to advertise for baby-formula and show a picture of little princess Alexia.
Strictly speaking that restriction would be contrary to GFDL.
I don't think this is a problem, actually. I can only speak about US law and especially California law, which I looked into a few years back.
If I take a photo of Tiger Woods and release it under the GNU FDL, this does not imply that I am warranting that reusers can use the picture in advertising. Indeed, they cannot. Tiger Woods owns the rights to the use of his image in an advertising context, and of course he makes a lot of money from this as a global celebrity.
This is *not* a problem with the GNU FDL.
Remember this: the GNU FDL does not guarantee any _special_ rights to reusers, it merely is a grant of _some_ of the rights granted to the copyright holder under copyright law.
If you read the text of the GNU FDL carefully, it is quite clear on this point.
I doubt it. Tracing and evaluating these usages, and determining what is advertizing is probably more than anyone wants to do. Allowing our material to be used in any context saves a lot of problems.
But the disallowing here is not affected by the GNU FDL.
Is this a matter of copyright or of the law about the Royal Family? What would be the status of an unofficial picture taken through a papparazo's telephoto lens if he chose to realease that picture under GFDL?
I think this is exactly the right question to ask. In general, one can't use photos of people for advertising without their explicit permission, and this is quite a different matter from copyright law.
--Jimbo
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