Hello all, These days at the Village Pump of zhwiki, many wikipedians are arguing about whether Wikimedia project should apply to the US Copyright Law that is where the servers were placed, or the local ones, for us, that is the P.R. of China Copyright Law. These thread came from a disagreement of fair-use text of news in article, so I'm willing to find some (kind of) official resolution. Thanks a lot.
Jimmy_xu_wrk@zhwiki 06/25/2009
On Wed, Jun 24, 2009 at 8:38 PM, Jimmy Xu xu.jimmy.wrk@gmail.com wrote:
Hello all, These days at the Village Pump of zhwiki, many wikipedians are arguing about whether Wikimedia project should apply to the US Copyright Law that is where the servers were placed, or the local ones, for us, that is the P.R. of China Copyright Law. These thread came from a disagreement of fair-use text of news in article, so I'm willing to find some (kind of) official resolution. Thanks a lot.
Jimmy_xu_wrk@zhwiki 06/25/2009
All projects must be compliant with US law. Many projects whose language lends itself to a particular national focus additionally work to be compliant with the national laws relevant to their target audience. The decision of whether or not to also try and follow national laws (e.g. Chinese law in your case) is left at the discretion of the individual wiki's community.
So in short, you must comply with US copyright law. You have the option of further restricting content based on Chinese copyright laws, if your community so chooses.
-Robert Rohde
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.
The US Laws will have to be followed as far as copyright is concerned, as the servers are in the US.
The second thing is the country where a work originates. For example, in Germany there is panoramafreiheit, in some other countries there is not. When I make a photo in Germany, I can only publish that photo when i make it from a public raoad. German law does not grant me copyright on pictures of copyrighted items inside a museum/garden/house. When I am in Italy, different rules for my photos apply.
As a dutch citizen, I must also comply with Dutch law. There are not very many differences between Dutch and US copyright laws, but there are some. I can not recall them now.
In addition to copyright law, there may be other laws to consider. For example, if the publication if Hitlers Mein kampf is forbidden, I will not upload that text to wikibooks. I will leave that to someone else.
i wish you well, teun spaans
On Thu, Jun 25, 2009 at 5:38 AM, Jimmy Xu xu.jimmy.wrk@gmail.com wrote:
Hello all, These days at the Village Pump of zhwiki, many wikipedians are arguing about whether Wikimedia project should apply to the US Copyright Law that is where the servers were placed, or the local ones, for us, that is the P.R. of China Copyright Law. These thread came from a disagreement of fair-use text of news in article, so I'm willing to find some (kind of) official resolution. Thanks a lot.
Jimmy_xu_wrk@zhwiki 06/25/2009
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On Thu, Jun 25, 2009 at 5:38 AM, Jimmy Xuxu.jimmy.wrk@gmail.com wrote:
Hello all, These days at the Village Pump of zhwiki, many wikipedians are arguing about whether Wikimedia project should apply to the US Copyright Law that is where the servers were placed, or the local ones, for us, that is the P.R. of China Copyright Law. These thread came from a disagreement of fair-use text of news in article, so I'm willing to find some (kind of) official resolution. Thanks a lot.
It will have to comply with US copyright law because of the location of the servers, however, it would be good to have a policy to adhere to local (in your case I would say Republic of China as well as People's Republic of China) law too. That way, copyright problems are avoided not only for the foundation, but also for the users (the people who edit Wikipedia) and the reusers (the people who use Wikipedia material as is allowed to them by to the GFDL (or SS-BY-SA) license.
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Andre Engels wrote:
On Thu, Jun 25, 2009 at 5:38 AM, Jimmy Xuxu.jimmy.wrk@gmail.com wrote:
Hello all, These days at the Village Pump of zhwiki, many wikipedians are arguing about whether Wikimedia project should apply to the US Copyright Law that is where the servers were placed, or the local ones, for us, that is the P.R. of China Copyright Law. These thread came from a disagreement of fair-use text of news in article, so I'm willing to find some (kind of) official resolution. Thanks a lot.
It will have to comply with US copyright law because of the location of the servers, however, it would be good to have a policy to adhere to local (in your case I would say Republic of China as well as People's Republic of China) law too. That way, copyright problems are avoided not only for the foundation, but also for the users (the people who edit Wikipedia) and the reusers (the people who use Wikipedia material as is allowed to them by to the GFDL (or SS-BY-SA) license
Let's not forget Singapore, where Chinese is the most frequently spoken language at home.
Cary
Yeah, of course. But if the material is in PD in P.R. China, it is in PD all over the world. So I think that would not be a big deal.
Jimmy_xu_wrk@zhwiki 06/25/2009
On Thu, Jun 25, 2009 at 11:40 PM, Cary Bass cary@wikimedia.org wrote:
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Andre Engels wrote:
On Thu, Jun 25, 2009 at 5:38 AM, Jimmy Xuxu.jimmy.wrk@gmail.com wrote:
Hello all, These days at the Village Pump of zhwiki, many wikipedians are arguing about whether Wikimedia project should apply to the US Copyright Law that is where the servers were placed, or the local ones, for us, that is the P.R. of China Copyright Law. These thread came from a disagreement of fair-use text of news in article, so I'm willing to find some (kind of) official resolution. Thanks a lot.
It will have to comply with US copyright law because of the location of the servers, however, it would be good to have a policy to adhere to local (in your case I would say Republic of China as well as People's Republic of China) law too. That way, copyright problems are avoided not only for the foundation, but also for the users (the people who edit Wikipedia) and the reusers (the people who use Wikipedia material as is allowed to them by to the GFDL (or SS-BY-SA) license
Let's not forget Singapore, where Chinese is the most frequently spoken language at home.
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