[Foundation-l] Issues about Copyright

Samuel Klein meta.sj at gmail.com
Thu Jun 25 13:19:49 UTC 2009


If PRC law says that factual statements published in PRC media cannot
be copyrighted, then those statements may be available under a sort of
PRC-PD license for anyone to use, including zh.wp -- it would not be a
matter of fair use.

Under PRC law, are statements of simple fact  *published outside of
PRC*  copyrighted?
I believe you should not use text whose authors/publishers expect them
to be copyrighted, unless it is also fair use within US law.

SJ

On Thu, Jun 25, 2009 at 9:01 AM, Jimmy Xu<xu.jimmy.wrk at gmail.com> wrote:
> So that is, due to P.R. of China Copyright Law, text that published in
> newspapers, periodicals, radio and TV stations and other media
> reported the news of the simple fact are not copyrighted. But I cannot
> find these exception in US Copyright Law. Maybe it's only because my
> English is not so good and I didn't caught it, maybe it's a possible
> conflict. And if so, can we use these text published in P.R. of China
> in Wikipedia as if they were in PD?
>
> And, the image now has no problem at all, everything causes by the text.
>
> Jimmy_xu_wrk at zhwiki
> 06/25/2009
>
> On Thu, Jun 25, 2009 at 12:30 PM, Samuel Klein<meta.sj at gmail.com> wrote:
>> What are examples of something which is fair use under chinese law but
>> not under US law?  <goes to check the discussion>
>>
>> In general you should not upload anything that violates US law.
>> Additional standards are set by each community - in terms of free
>> license v. fair use, whether an image is being used effectively on the
>> project, &c.
>>
>> SJ
>>
>> On Thu, Jun 25, 2009 at 5:49 AM, Jimmy Xu<xu.jimmy.wrk at gmail.com> wrote:
>>> On Thu, Jun 25, 2009 at 7:28 AM, teun spaans <teun.spaans at gmail.com> wrote:
>>>> IANAL, but I suppose three things must be considered:
>>>> - US law, where the servers are based
>>>> - the country where a work originates
>>>> - the country to which the wikipedian belongs.
>>>
>>> Thanks, but there is still a problem: If these laws are under
>>> conflict, like the local law allows fair-use to some material but the
>>> US law doesn't, what should we do. I can't decide whether it should be
>>> marked as a copyright violation per US law or just being accepted per
>> local ones? Thanks.
>>>
>>> Jimmy_xu_wrk at zhwiki
>>> 06/25/2009
>>>
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