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(a)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:H…
[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_O…
[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(a)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(a)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_bi…
> >
> 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
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