[Foundation-l] PD-art and official "position of the WMF"

[Matthew Flaschen]

Supporters of broad use of PD-art outside of the U.S. have seized on a
statement by Erik Möller that, "To put it plainly, WMF's position has
always been that faithful reproductions of two-dimensional public domain
works of art are public domain, and that claims to the contrary
represent an assault on the very concept of a public domain." and called
it the "position of the WMF"
(http://commons.wikimedia.org/wiki/Commons:When_to_use_the_PD-Art_tag#The_position_of_the_WMF)
and "The official position taken by the Wikimedia Foundation"
(http://commons.wikimedia.org/wiki/Template:PD-art).

In my opinion, this is mistaken on many levels.  Regardless of his
intentions, Erik Möller does not have the authority to speak for the
WMF.  If the board does /intend/ to make this statement, a binding
resolution would be a much better means.

This choice of interpretation involves deliberately ignoring the current
legal climate in certain countries outside the U.S., and I believe that
is a significant departure at Commons.

I am asking the board to step in and provide clarity on this issue in
particular, and the ways they will and will not communicate their views
on important issues in general.

Matt Flaschen