Teun Spaans wrote:
Does this imply that an Italian chapter could be sued for fair use images on the english wiki?
No, because the italian chapter has nothing to do with the contents of any project of wikimedia.
Does this mean that the english wiki could potentially be blocked in Italy if "fair use" images are of italian origin?
Not sure, but I doubt it. I don't think SIAE (the Italian Society of Authors and Editors) can ask money to someone outside the national boundaries.
Roberto (Snowdog)
------------------------------------------------------ Passa a Infostrada. ADSL e Telefono senza limiti e senza canone Telecom http://click.libero.it/infostrada30gen07
In the Netherlands, a gallery had hired a photographer to make photos of art works for their hand out to vistors. The photographer was duely paid for his services.
The gallery holder put the images also on their website, upon which the photographer sued the gallery holder.
The judge condemned the gallery holder, she had only permission for hte handout, and she had to pay the photographed 1000 euro for every day the photos had been on the website - some 40K.
I am not sure if the gallery holder refused to take them off line or got sued for just putting them up. This was a lawsuit by an individual photographer, not by Dutch equivalenst of RIAA or similar copy protection agencies.
I tell this because a) it shows that one can get sued just for putting photos up b) Sometimes you've got to pay, even when you think you've got all rights. c) In this case both were in the netherlands, but the one getting sued does not need to be. I think there was a lawsuit against youtube recently in Brasil, where youtube was condemned, despite being hosted and all in the USA. It seems to me that the same might happen to WMF for the Escher images, despite being classified as "fair use". They are owned by a dutch company, btw.
kind regards, teun
On 1/30/07, rfrangi@libero.it rfrangi@libero.it wrote:
Teun Spaans wrote:
Does this imply that an Italian chapter could be sued for fair use
images on
the english wiki?
No, because the italian chapter has nothing to do with the contents of any project of wikimedia.
Does this mean that the english wiki could potentially be blocked in
Italy
if "fair use" images are of italian origin?
Not sure, but I doubt it. I don't think SIAE (the Italian Society of Authors and Editors) can ask money to someone outside the national boundaries.
Roberto (Snowdog)
Passa a Infostrada. ADSL e Telefono senza limiti e senza canone Telecom http://click.libero.it/infostrada30gen07
foundation-l mailing list foundation-l@lists.wikimedia.org http://lists.wikimedia.org/mailman/listinfo/foundation-l
teun spaans wrote:
In the Netherlands, a gallery had hired a photographer to make photos of art works for their hand out to vistors. The photographer was duely paid for his services.
The gallery holder put the images also on their website, upon which the photographer sued the gallery holder.
The judge condemned the gallery holder, she had only permission for hte handout, and she had to pay the photographed 1000 euro for every day the photos had been on the website - some 40K.
I am not sure if the gallery holder refused to take them off line or got sued for just putting them up. This was a lawsuit by an individual photographer, not by Dutch equivalenst of RIAA or similar copy protection agencies.
A key factor in such a case is the contract between the photographer and the gallery. This is very different from a situation where an unrelated third party has posted the pictures.
Ec
wikimedia-l@lists.wikimedia.org