[WikiEN-l] Uploading images should be a privilige, not a right

[Oldak Quill]

On 22/07/06, Gregory Maxwell <gmaxwell at gmail.com> wrote:
> This is a complex issue involving a lot of handwaving and bullshit.
>
> In germany they have a legal concept called "right of panorama" which
> appears to be intended to address cases of incidental inclusion (as
> we'd know them in the US).  The idea is that the fact that the
> populated world is saturated with copyrighted works shouldn't inhibit
> you from taking pictures in public...
>
> However, when you turn around and use such an image as a direct
> replacement for the copyrighted work which you, presumably, couldn't
> use there is no way that you'd be able to claim incidental inclusion
> in the US.  I'm not qualified to say what the decision would be in
> Germany, but I'd really be surprised if it were any different.

Aren't the images are still stored in Florida so are covered by US
law? Why is German law at all considered?

> Legally Wikimedia is likely okay because these works would easily be
> considered fair use... But they aren't free content when used in the
> capacity... but use adds a whole extra dimension the people would
> rather ignore.

To be OK don't we have to attach a fair use rational to these photographs?

-- 
Oldak Quill (oldakquill at gmail.com)