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

[Jussi-Ville Heiskanen]

Matthew Flaschen wrote:
> 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
>   

Not to put a too fine point on it; yes,
the concept of Public Domain has no
I mean *no* protection outside the
jurisdictions where it is defined...

And my country, sadly is one of
those who have these "moral
rights" etc. which are much stronger.

Which is *not* to say that clarifying
what are "secondary rights" or "rights
by familiarity" are rights in opposition
copyright provisions, which is the
inference that one might draw from
what Erik in error wrote.


Copyright is one thing that many
think is a minimum, but in actual fact
many countries are well more comprehensive.

And likewise, Erik Möller, or me, have no
actual ways of saying yes, we want to
relax one or the other side of national
legislature in terms to make it in tune
with our personal ideology. Erik, you
are well advised to not even try.

Yours,

Jussi-Ville Heiskanen.