Hello
This is an exciting step forward!!Thanks Rupert for the research. Douglas, it would be great to present case studies of where it does work and why. It would be good to include developing communities - India is a great example – so they can see how it applies to and enhances countries in a developing world context.
Excellent!
Warmest Isla
On 18 August 2015 at 08:18, rupert THURNER rupert.thurner@gmail.com wrote:
in interesting discusison. i collected some links: [1] https://en.wikipedia.org/wiki/Freedom_of_panorama [2] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HT... [3] https://de.wikipedia.org/wiki/Panoramafreiheit#.C3.96sterreich [4] http://www1.unisg.ch/www/edis.nsf/SysLkpByIdentifier/3498/$FILE/dis3498.pdf [5] https://upload.wikimedia.org/wikipedia/commons/8/86/REPORT_ON_THE_FREEDOM_OF... [6] https://www.admin.ch/opc/en/classified-compilation/19920251/index.html
after reading these i think criteria are not bad, as in [5]. first, they compare types: building, 2-dimensional, 3-dimensional, text. switzerland e.g. uses "works", which includes everyting. second, they compare the space where it is located. public space ("öffentlich zugänglich" in german), also interior. and third, they compare usage: commercial use allowed or not. i did not see anything related to the discussion i heard in switzerland about works presented on a public space for a restricted time, an works visible from public space, discussed also in [4]. the swiss law itself is here, in different languages, english included [6]. (only) disadvantage of swiss law seems to be that interior is not good (enough) specified - there are quite some discussions.
the map attached to [1] suggests one should choose UK, Austria, India or Australia as example. [2] explains the EU directive and states that austria law is close to it. [5] rates UK quite bad, as well austria is less good for the same reason: specify the works and therefor not including some of the types of work. not sure if Australia does the same (including liam in the mail thread as australian). spain not so good as interior is not included. netherlands is rated best unless i am not misreading it.
best, rupert
On Tue, Aug 18, 2015 at 12:36 AM, Asaf Bartov abartov@wikimedia.org wrote:
Looping in Dimi, who's been working on this at the EU level. Dimi can no doubt advise on the text of a proposed amendment.
A.
On Mon, Aug 17, 2015 at 3:30 PM, Douglas Scott <
douglas.i.scott@gmail.com>
wrote:
Hello everyone,
As many of you no doubt know the Copy Right Act 1978 section 15 (3) <
https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa
has been a bone of some contention for the South Africa Wikipedia
community
for a long time now as it has effectively meant that we here in South Africa are denied Freedom of Panorama https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama.
Last week I was fortunate enough to have attended an event organised by
Dr
Tobias Schonwetter from UCT (and from Creative Commons South Africa) to discuss a suggested redrafting of the act. I am happy to say that I
feel I
was able to make a good case to the relevant authorities from the Department of Trade and Industry as well as others present for the need
to
revise the act to allow for Freedom of Panorama. I feel they were very sympathetic to our concerns about the need and desirability of Freedom
of
Panorama in South Africa.
Now comes the hard part. We need to work on a suggested revision of Section 15 (3) (or Section 15 generally) to allow for Freedom of
Panorama
and we need to do it quickly as the deadline for submissions to change
the
act is the 27th of August 2015.
My suggestion is to use the Spanish or German Freedom of Panorama acts
as
guidelines for us which basically state that people are free to take pictures or otherwise reproduce works that are permanently found
outside on
public ways, streets or places (e.g. squares, plazas) and to distribute
and
publicly communicate such copies.
Or as the Spanish act says: "Works permanently located in parks,
streets,
squares or other public places may be freely reproduced, distributed and communicated by means of paintings, drawings, photographs and
audiovisual
processes." and goes on to state that this "may not be so interpreted
that
they could be applied in a manner capable of unreasonably prejudicing
the
legitimate interests of the author or adversely affecting the normal exploitation of the works to which they refer."
I want to notify the community of this opportunity for us to amended the act as well as the progress the Chapter (Wikimedia South Africa) has
made
in possibly getting Freedom of Panorama established in South Africa.
I also wanted to let you know that should you have any comments of your
own
on the amendment of the Copy Right act of 1978 then please have a look
at
the link here <
http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bil...
for more information as well as the contact details of the contact
person
at the DTI.
Thanks and best regards,
Douglas.
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza
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