[WikiEN-l] Public Domain and Non-Commercial at the same time

[the wub]

The

On 10/14/06, Andrew Gray <shimgray at gmail.com> wrote:
>
> On 14/10/06, Bogdan Giusca <liste at dapyx.com> wrote:
> > There's a peculiar copyright case for the governmental works
> > from Philippines.
> >
> > Apparently, they are at the same time in the Public Domain
> > and under a Non-Commercial/Permission license, or at least
> > the current template claims so:
> >
> >    "this work is only available in the public domain under a
> >    non-commercial and permission-based license"
> >
> > Also, it claims that the images should be used "in accordance with
> > Wikipedia's fair use policy", but none of the 500+ images have any
> > fair-use rationale...
> >
> > http://en.wikipedia.org/wiki/Template:PD-PhilippinesGov
>
> This may well be a mistranslation or misconception. "Public domain"
> only means "free without restrictions and out of copyright" when used
> to talk about copyright; however, it's perfectly possible to, say,
> call a recent publication "in the public domain" in that it is
> *available* to the public, it's not restricted by secrecy legislation
> or the like.
>
> In other words, it can mean "is not copyrighted" or "is not an
> official secret" or - often - both.
>
> I see this a lot with various Freedom of Information / Access to
> Information legislation - the laws themselves, or the explanatory
> material, often talk about "putting material in the public domain"
> without ever mentioning copyright issues, and people jump to the
> conclusion that it means the former and not just the latter, because
> we communally get a bit hung up on copyright and assume people are
> talking about it all the time...
>
> --
> - Andrew Gray
>   andrew.gray at dunelm.org.uk
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