Silly question for you all:
Is http://commons.wikimedia.org/wiki/File:Wikimedia_cake.jpg actually copyrighted to the WMF as a WMF logo? The cake was made for Wikimedia UK, so it's technically a derivative work, perhaps...
Any ideas what the copyright status of this should be? Does the author (Jezhotwells) have the ability to release it under a free licence, if s/he wishes?
Richard Symonds Office& Development Manager Wikimedia UK +44 (0) 207 065 0992
The cake designer can only release his/her part of the creative process under a free license (baking the cake/making the photo). I would suggest to just specifiy that the logo-part is copyright WMF, the photographic and cake-baking component to be released under CC-BY (not -SA to avoid the SA clause to make things complicated). That way everyone with permission of the WMF can reuse the design if wanted.
Lodewijk
No dia 5 de Março de 2012 15:54, Richard Symonds < richard.symonds@wikimedia.org.uk> escreveu:
Silly question for you all:
Is http://commons.wikimedia.org/**wiki/File:Wikimedia_cake.jpghttp://commons.wikimedia.org/wiki/File:Wikimedia_cake.jpgactually copyrighted to the WMF as a WMF logo? The cake was made for Wikimedia UK, so it's technically a derivative work, perhaps...
Any ideas what the copyright status of this should be? Does the author (Jezhotwells) have the ability to release it under a free licence, if s/he wishes?
Richard Symonds Office& Development Manager Wikimedia UK
+44 (0) 207 065 0992
Wikimedia UK is the operating name of Wiki UK Limited, a Charitable Company Registered in England and Wales, No: 6741827. Charity No:1144513 Office: 4th Floor, Development House, 56-64 Leonard Street, London EC2A 4LT. Wikimedia UK is the local chapter of the Wikimedia Foundation (who operate Wikipedia, amongst other projects). It is an independent non-profit organization with no legal control over Wikipedia nor responsibility for its contents.
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On 5 March 2012 14:54, Richard Symonds richard.symonds@wikimedia.org.uk wrote:
Silly question for you all:
Is http://commons.wikimedia.org/wiki/File:Wikimedia_cake.jpg actually copyrighted to the WMF as a WMF logo? The cake was made for Wikimedia UK, so it's technically a derivative work, perhaps...
Its a derivative work. Technically the cake is a copyvio.
Any ideas what the copyright status of this should be?
The one it is tagged under is about as close as commons could get.
Does the author (Jezhotwells) have the ability to release it under a free licence, if s/he wishes?
No but if they put it on permanent display in a public place the photo would probably be totally fine under UK freedom of panorama law.
Does the author (Jezhotwells) have the ability to release it under a free licence, if
s/he
wishes?
No but if they put it on permanent display in a public place the photo would probably be totally fine under UK freedom of panorama law.
I suspect a court would hold that the set of "cakes" is disjoint from the set of "objects on permanent display", and thus that a photograph of cake can never benefit from freedom of panorama.
#nomnomnomnomnom
Chris
On Mon, Mar 5, 2012 at 3:40 PM, Chris Keating chriskeatingwiki@gmail.comwrote:
I suspect a court would hold that the set of "cakes" is disjoint from the set of "objects on permanent display", and thus that a photograph of cake can never benefit from freedom of panorama.
You mean we can't have the cake and eat it too?
Mike
On Mon, Mar 5, 2012 at 8:45 PM, Mike Christie coldchrist@gmail.com wrote:
On Mon, Mar 5, 2012 at 3:40 PM, Chris Keating <chriskeatingwiki@gmail.com
wrote:
I suspect a court would hold that the set of "cakes" is disjoint from the set of "objects on permanent display", and thus that a photograph of cake can never benefit from freedom of panorama.
You mean we can't have the cake and eat it too?
That's another corollary ;-)
On 5 March 2012 20:40, Chris Keating chriskeatingwiki@gmail.com wrote:
I suspect a court would hold that the set of "cakes" is disjoint from the set of "objects on permanent display", and thus that a photograph of cake can never benefit from freedom of panorama.
Well you say that but slices of Charles and Diana's wedding cake have turned up at auction as recently as 2008.
On 5 March 2012 22:07, geni geniice@gmail.com wrote:
On 5 March 2012 20:40, Chris Keating chriskeatingwiki@gmail.com wrote:
I suspect a court would hold that the set of "cakes" is disjoint from the set of "objects on permanent display", and thus that a photograph of cake can never benefit from freedom of panorama.
Well you say that but slices of Charles and Diana's wedding cake have turned up at auction as recently as 2008.
I wonder how many cakes you would have if you assembled all the fragments.
- d.
eating the cake would damage the moral rights of the logo author. Since he cannot give general permission to violate moral rights, eating the cake would be illegal.
No dia 5 de Março de 2012 23:08, David Gerard dgerard@gmail.com escreveu:
On 5 March 2012 22:07, geni geniice@gmail.com wrote:
On 5 March 2012 20:40, Chris Keating chriskeatingwiki@gmail.com wrote:
I suspect a court would hold that the set of "cakes" is disjoint from
the
set of "objects on permanent display", and thus that a photograph of
cake
can never benefit from freedom of panorama.
Well you say that but slices of Charles and Diana's wedding cake have turned up at auction as recently as 2008.
I wonder how many cakes you would have if you assembled all the fragments.
- d.
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On 5 March 2012 23:14, Lodewijk lodewijk@effeietsanders.org wrote:
eating the cake would damage the moral rights of the logo author. Since he cannot give general permission to violate moral rights, eating the cake would be illegal.
If you take a slice out of the cake, that could be an issue since you have created a new work that negatively portrays the logo. I think the only option is the eat the entire cake at once.
Best all around to simply destroy the evidence (by eating it?).
... can this topic end now? Or be moved on-wiki so that it can be filed under WP:SILLY?
Thanks, Mike
On 5 Mar 2012, at 23:23, Thomas Dalton wrote:
On 5 March 2012 23:14, Lodewijk lodewijk@effeietsanders.org wrote:
eating the cake would damage the moral rights of the logo author. Since he cannot give general permission to violate moral rights, eating the cake would be illegal.
If you take a slice out of the cake, that could be an issue since you have created a new work that negatively portrays the logo. I think the only option is the eat the entire cake at once.
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You're right, the topic is done. Filing it under WP:SILLY would be the icing on the cake.
On Mon, Mar 5, 2012 at 6:30 PM, Michael Peel michael.peel@wikimedia.org.ukwrote:
Best all around to simply destroy the evidence (by eating it?).
... can this topic end now? Or be moved on-wiki so that it can be filed under WP:SILLY?
Thanks, Mike
On 5 Mar 2012, at 23:23, Thomas Dalton wrote:
On 5 March 2012 23:14, Lodewijk lodewijk@effeietsanders.org wrote:
eating the cake would damage the moral rights of the logo author. Since
he
cannot give general permission to violate moral rights, eating the cake would be illegal.
If you take a slice out of the cake, that could be an issue since you have created a new work that negatively portrays the logo. I think the only option is the eat the entire cake at once.
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On 5 March 2012 20:22, geni geniice@gmail.com wrote:
On 5 March 2012 14:54, Richard Symonds richard.symonds@wikimedia.org.uk wrote:
Silly question for you all:
Is http://commons.wikimedia.org/wiki/File:Wikimedia_cake.jpg actually copyrighted to the WMF as a WMF logo? The cake was made for Wikimedia UK, so it's technically a derivative work, perhaps...
Its a derivative work. Technically the cake is a copyvio.
It was made for WMUK and WMUK has standing permission to use the logo for certain purposes, which could probably be interpreted as including cakes. Therefore, I don't think the cake is a copyvio.
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