[Foundation-l] Copyright rules on Wikipedia and Commons

[Klaus Graf]

> Date: Mon, 19 May 2008 00:35:12 +0200
> From: Yann Forget <yann at forget-me.net>
> Subject: [Foundation-l] Copyright rules on Wikipedia and Commons (and
>        elsewhere)

> German Wikipedia, there is no reason it should not be allowed on
> Commons. Lupo said: ?The "100 years rule" at the German Wikipedia is a
> kind of EDP. They clearly acknowledge that they are not sure these
> images are free, but they consider the risk of getting into trouble over
> hosting such files low.? Actually that's exactly what I am suggesting.
> The legal risk for the Foundation is quite nil as the images are in the
> public domain in USA anyway.

I fully agree.

We can tag these media on Commons like the German WP with a separate template.

In the German WP a new policy is valid on experimental basis because
the experiences with the n-100 rule were positive. Now photos which
are published before 1923 are accepted if a diligent search was made
that the author ins't dead shorter than 70 years. These photos are PD
in the US and possibly in Germany but they are "orphan works" with
unclear PD status. If one finds out that they are copyright protected
they will be deleted.

An "Orphan Rule" for Commons (not a EDP which is not allowed at
Commons) is necessary for media which are published outside the US. In
the US pre-1923 works are PD but the Commons PD-rule says that they
must be also PD in the country of origin. This is a problem in the 70
years pms countries (especially in Europe) if nobody can find out the
death of the creator.

All post 1850 media are not certain PD in Europe (1860 took a 20 years
old photograph a photo, he lived 100 years and died 1940). Very old
photographs are unfree according the Commons orthodoxy. In reality
most such old media are tolerated on Commons. But it would be better
to have a clear rule.

I would suggest that WMF should accept a rule for Commons saying that
works of a 70 (or 50) years pma country are acceptable if they were
published before 1923 and thus PD in the US if and only if a diligent
search was made with the result that it is not likely that they are
still protected.

Klaus Graf