[Foundation-l] Czech Wikipedia's EDP and WMF's licensing policy

Michal Zlatkovsky lahcimit at gmail.com
Wed Dec 19 12:29:14 UTC 2007

Not what I meant :)
There are no legal issues with our EDP. It is okay from the point of 
view of the Czech law, as we have the copyright holder's permission. It 
is also okay with US law, as we stick a fair use-like rationale to the 
image (even though there isn't anything like fair use in the Czech 
Republic). The question is, is it okay with Foundation's policy? From 
pfctdayelise's (and my) understanding of it, it looks like we can't use 
any EDP at all, as the concept of fair use/fair dealing is not present 
in Czech law, and the image policy depends on that concept; therefore, 
our current solution of having an "excuse" for the Czech law 
(permission) and another one for WMF (fair use-like rationale) is 
impossible... and I wonder whether that interpretation's correct :)

Michal Zlatkovsky [[m:User:Timichal]]

Brian McNeil napsal(a):
> I have absolutely no idea what the potential legal issues you may face may
> be. However, I assume from your mail you already have a limited collection
> of images you have tagged as "fair use" (eg company logos). Unless you have
> lawyers or - at least - law students working on the project you might not be
> able to get good advice on how you should handle the issue and avoid
> problems.
> My (purely personal) opinion is you should make an issue out of this before
> it becomes a problematic issue for the foundation. Approach organisations
> you've covered and used logos from under fair use and where coverage has
> been non-controversial. Discuss with groups like this how your local laws
> may be inappropriate for a totally free press *before* you're in conflict
> with them. It may not work with your legal system, but I'm not aware of any
> that doesn't take precedent and the like into account. If you have this
> history and someone who gets negative coverage decides to make an issue out
> of it you've already laid the groundwork to defeat their argument.
> Brian McNeil

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