[Foundation-l] Wikipedia disclaimers

[Nikola Smolenski]

On Tuesday 14 October 2008 00:24:39 Platonides wrote:
> Sebastián González wrote:
> > What's the situation, then? Can those things be done, or does the law of
> > the US apply to all projects regardless of users liking it or not? Can
> > wikis in non-english languajes be allowed to interpret and write the
> > legal disclaimer as they see fit, or should a version written or
> > supervised by the foundation be enforced?
>
> Maybe you're trying to get a point to introduce fair use on eswiki?
> "The servers are in USA, local law is not important" has always been an
> argument for fair use, and "there is no fair use in {Spain, Venezuela,
> Uruguay...}" against it.
>
> Which is anyway not too relevant. That Spanish Wikipedia has to comply
> with US laws isn't an excuse for not obeying the copyright laws of
> Spain, Venezuela or Argentina, when relevant. *Specially* when you're on
> those countries or a great number of your contributors are. Should we
> encourage to disobey their local law?? Maybe on certain matters, on
> totalitariam regimes... but copyright is not one of those cases.

This is simply not true. From 
http://www.wipo.int/clea/en/text_html.jsp?lang=EN&id=1373#JD_ES070_A32

32. It shall be lawful to include in one's own work fragments of the works of 
others, whether of written, sound or audiovisual character, and also to 
include isolated works of three-dimensional, photographic, figurative or 
comparable art character, provided that the works concerned have already been 
disclosed and that they are included by way of quotation or for analysis, 
comment or critical assessment. Such use may only be made for teaching or 
research purposes and to the extent justified by the purpose of the 
inclusion, and the source and the name of the author of the work shall be 
stated.

35.-(1) Any work liable to be seen or heard in the reporting of current events 
may be reproduced, distributed and communicated to the public, but only to 
the extent justified by the informatory purpose.