[Foundation-l] 2015 strategic plan pdf and licencing/attribution practices

Jay Walsh jwalsh at wikimedia.org
Tue Mar 8 23:15:35 UTC 2011


Teofilo,

Some of my comments below - sorry for the delay.

On Mar 5, 2011, at 4:15 AM, Teofilo wrote:

> Just a few remarks about the 2015 strategic plan pdf (1)
> 
> *http://creativecommons.org/licenses/by-sa/3.0/legalcode 4(a) "You
> must include a copy of, or the Uniform Resource Identifier (URI) for,
> this License with every copy of the Work You Distribute or Publicly
> Perform" is infringed

This is a good point that wasn't worked into the currently designed version.  Does this mean that any instance of the free license descriptor "CC-BY-SA" including a description of the creative commons license requires a permalink to the page detailing the license?

> 
> *The sunflower picture on the last page is what people colloquially
> call a "stolen" picture. The attribution right of Uwe H. Friese
> Bremerhaven 2005 (User:Vulcan) is infringed (2)

If that's the case, and if Commons users address this infringement then we could certainly adjust the image credit in the viewing PDF for the correct one.  For now I haven't seen that take place.

http://commons.wikimedia.org/wiki/File:Sunflower_Bl%C3%BCte.JPG


> 
> *I could not find out where the other sunflower picture on the front
> cover page is taken from.

The image in 'acknowledgements' is credit to Pascalou Petit.
http://commons.wikimedia.org/wiki/File:Tournesol1.jpg

In future design products we also intend to make the user name credits linkable to the image in Commons.
> 
> *The photographer/cameraman , original author of the portraits page 3
> is not attributed, which in turn prevents users from reusing the
> pictures.

That's a good point.  These are all freely reusable images:
http://commons.wikimedia.org/wiki/Category:Wikipedia_video_project_July_2010

But we missed inclusion of the 'photographer/creator' name.  I'm going to work that into minor edits for a new version.
> 
> *When distributing portraits of living people with a free license, a
> good practice is to include a warning such as
> http://commons.wikimedia.org/wiki/Template:Personality_rights ; If the
> pictures/videos were taken with the understanding between the
> cameraman and the models that they are taken for the purpose of
> documenting the WMF projects, it should be made clear to future
> reusers that we don't have a model release for other purposes.

We actually do have releases for these images, but as you'll see the images also include personality rights warning.

> 
> *The WMF logo on the back cover page is apparently released under CC-BY-SA
> 
> *The reader is not reminded that the WMF logo (together with the
> series of words "Wikipedia, Wiktionary, Wikibooks, Wikisource,
> Wikinews, Wikiquote, Wikiversity, Wikispecies") is trademarked
> 
> *The pdf does not contain any instruction pertaining to the conditions
> under which the WMF logo on the back cover page can be reused :
> 
> **Is verbatim copying of the pdf allowed ? I guess yes, but if you
> don't write it down, people are not supposed to distribute the pdf
> verbatim, freely, because it contains a copyrighted logo. The question
> whether people can freely upload and redistribute this pdf on their
> own website is not addressed.

I'm also conferring with our legal team to determine wording to include in the document that will declare that the Wikimedia Foundation mark is trademarked. I'm not particularly concerned with users mis-interpreting its inclusion in the CCBYSA work as a free release of the image's trademark, but I appreciate that this needs to be clarified.

> 
> **Is modifying the whole document (including the WMF logo) allowed ?
> Or should the creator of a modified version remove the WMF logo ? Even
> for a translation ? What are you allowed to do with the other
> trademarks ?

Indeed as a cc by sa work the piece can be remixed and modified - however a clarifying sentence such as 'the wikimedia Foundation mark is trademarked and may only be used with permission' etc

> 
> The above is the sort of things which happen in an organization which
> does not put
> 
> « foster good licencing and attribution practices »
> 
> high enough in its priority list and in its budget (and in its
> strategic plan ?) 2015
> 
> (1) http://upload.wikimedia.org/wikipedia/foundation/c/c0/WMF_StrategicPlan2011_spreads.pdf
> found at http://wikimediafoundation.org/wiki/Wikimedia_Movement_Strategic_Plan_Summary
> (2) http://commons.wikimedia.org/wiki/File:Sunflower_Bl%C3%BCte.JPG

Production of paper/printed works introduces some minor complications in the use of CCBYSA licenses, but none of these are difficult to fix.  I appreciate your feedback and points and we'll try to roll these changes into a new version of the report asap.

thanks
jay 

-- 
Jay Walsh
Head of Communications
WikimediaFoundation.org
blog.wikimedia.org
+1 (415) 839 6885 x 6609, @jansonw




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