[Advocacy Advisors] Fwd: [Wmfcc-l] Amendments on Free Licenses and Freedom of Panorama Entered into Force in Russia!

[Luis Villa]

Hi, Vladimir-
This is great news; I hope you don't mind that I've forwarded it to the
advocacy-advisors mailing list.

We've been trying to put together case studies where Wikimedians have been
involved in political change, so that we can all learn from each other -
what works, what doesn't. Perhaps someone on this list or in the Russian
community would be interested in creating one?

Thanks - and congratulations!
Luis

---------- Forwarded message ----------
From: Vladimir Medeyko <medeyko at gmail.com>
Date: Wed, Oct 1, 2014 at 7:06 PM
Subject: Amendments on Free Licenses and Freedom of Panorama Entered into
Force in Russia!

Dear colleagues!


*Amendments on Free Licenses and Freedom of Panorama Entered into Force in
Russia!*

Wikimedia RU congratulates the Russians and all the proponents of the free
content with changes in the Russian Civil Code, which are very important
for the use of the free content. Particularly, the amendments are extremely
important for the Wikipedia internet-enclyclopedia and other projects for
the creation and the dissemination of educational and scientific
information; and for the free software. The amendments entered into force
on October 1st, 2014; Wikimedia RU actively participated in the preparation
of the amendments.

Among the numerous changes, we should mention:

*Open licenses* introduced. It includes free licenses (which are
fundamental for the projects like Wikipedia or Linux). The authors of the
free content get protection from misuse of their works, and the users get
guarantees that no malevalent authors could harm them.

*Freedom of panorama* introduced: now it is allowed to make photos in any
public territory. The photographers are no more formally offenders, because
earlier one was not allowed to sell postcards with modern buildings without
the permission of the architect or his successors (despite the fact
wrongdoings of this kind were universal). Unfortunately, monuments are not
covered by the amendments.

It's allowed to publish and store *thesis synopses* in the electronic
format.

Libraries are allowed to store in the *electronic format* dilapidated works
and those scientific and educational works that were not republshed for
more the 10 years.

«The direct inclusion of the stipulations on the free licenses into the law
is a progressive step not only for Russia, but worldwide. There are no
specific articles on the free licenses in the other countries' laws, and
hence the licenses are still in the grey area there. Actually, the free
licenses eploit the archaic tercentenary system of the copyright, that
always protected the authors from the readers, for the opposite goal – to
protect the readers from the authors. Therefore, without direct regulation,
there is too vast judicial discretion, and the free licenses users are not
protected perfectly. In the Russian law there are no uncertainties like
that anymore. Up to the wording that covers the copyleft clauses as well,
that poorly fit the traditional laws.» — explained Wikimedia RU director
Vladimir Medeyko.

Members of Wikimedia RU worked fiddly on these and other amendments in the
Civil Code. Namely:

In 2009-2010 the numerous letters with the description of the problems and
possible solutions were sent to special State Duma committees.

In 2010-2011 the members of Wikimedia RU participated at sessions of the
expert groups of the Committee of culture and the Committee of information
policy and communications of the State Duma.

In april 2011 during the meeting with then Russian President Dmitry
Medvedev, the represenative of Wikimedia RU communicated the problems and
possible solutions to him.

In 2011-201 the experts from Wikimedia RU made part of the working group of
Minitry of Justice. Годах on the free licenses and related laws, and also
participated in commissions and other events organized by the Ministry of
Communications, the Ministry of Economic Development, the Ministry of
Culure, the Ministry of Education and Science, related to these amendments.

In 2012 the representatives of Wikimedia RU participated sessions of the
State Duma's working group on the intellectual property, attended to the
parliament hearings; in sessions of the Federation Council's on the
infromation society proceedings.

In 2010-2014 the members of Wikimedia RU participated more than 200
conferences, seminars, round tables, where thay explained problems and ways
to legalize the work.\

Hopefully, the foreign legislators will handle free licenses with the due
care, and the uncertainty will vanish.






-- 
Luis Villa
Deputy General Counsel
Wikimedia Foundation
415.839.6885 ext. 6810

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