[Foundation-l] Licensing Policy

[Brock Weller]

de,wikipedia allows no fair use images.

On 5/25/07, luke brandt <shojokid at gmail.com> wrote:
>
> Klaus Graf wrote:
> ......
>
> >
> > I agree with en/Commons user Lupo who has, referring to the discussion
> at
> >
> http://de.wikipedia.org/wiki/Wikipedia:Urheberrechtsfragen#Grundsatzfragen
> > written:
> > "Now, the problem is this: freedomdefined.org states that a "free"
> > work "must not be covered by legal restrictions (patents, contracts,
> > etc.) or limitations (such as privacy rights) which would impede the
> > freedoms enumerated above." That would mean that we'd need to look
> > beyond copyrights, and that the foundation's licensing policy did not
> > consider COAs and the like "free" works, even if they were fine
> > copyright-wise, because their use is often restricted by other laws.
> > Ugh. Looks like the overarching "free culture" activism expressed at
> > freedomdefined.org has some rather drastic and unpleasant consequences
> > for us".
> >
> > There is a non exhaustive list of non-free content (content which can
> > be used for any purpose) in the German Wikipedia at:
> >
> >
> http://de.wikipedia.org/wiki/Hilfe:FAQ_Rechtliches#Sind_alle_Inhalte_der_Wikipedia_unterm_Strich_frei.3F
> >
> > According to the free content definition we cannot show at commons
> > (nor in the local branches without EDP):
> >
> > * pictures of living persons (because according to German law
> > commercial use is only allowed with the content of the person AND it
> > is strictly forbidden to manipulate pictures, decision of
> > Bundesverfassungsgericht)
> >
> > * pictures of coat of arms which are used by an institution (because
> > there are non-copyright-restrictions in all cases)
> >
> > *pictures of Geschmacksmuster-protected objects like cars
> >
> > *the Olympic rings
> > http://commons.wikimedia.org/wiki/Category:Olympic_Games
> >
> > and so on.
> >
> > Klaus Graf
>
> Hi Klaus and everyone,
>
> I don't speak German :( so could you tell me what is the attitude to
> non-free content quoted for the purpose of comment or criticism, which
> is sometimes allowable under EU and German legislation I believe. Would
> it also need an EDP for each case, or do other considerations apply? --
> luke
>
>
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-- 
-Brock