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

[Mark Wagner]

On 7/21/06, Oldak Quill <oldakquill at gmail.com> wrote:
> 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?

Because the photograph is taken on German soil by a German
photographer.  Consequently, whether or not it is legal to take the
photo is covered by German law.

-- 
Mark
[[User:Carnildo]]