Benjamin Esham wrote:
John Lee wrote:
Is this particular image even eligible to be copyrighted, since it is just a photo of another work?
Hmm, perhaps not. Even so, I think a {{PD-ineligible}} on the image page wouldn't make a difference to the county government. They don't seem to be particularly familiar with Wikipedia, and the copyright status of the image doesn't seem to be the issue at question.
Agreed, it looks more like a trademark issue.
Unless the seal was created prior to the advent of copyright, if I'm not mistaken, it would be covered by copyright laws and thus the county would have a valid claim - we would only be allowed to use images of the seal under a claim of fair use.
I guess there are three issues here: the copyright on the photograph I took, the copyright on the actual wood rendering I took a picture of, and the ability to use the seal in any given situation. My original inquiry to the county regarded the first item, which they completely ignored, changing the topic to the third item.
The problem seems to be that when you ask the wrong questions you get the wrong answers. Asking the question is what started the problem. My first puzzled reaction was why would you be complaining to them about their use of their own seal.
The seal is codified in law, which is necessarily public domain. Suppose I were to work from the law's definition of the seal and create an SVG file; would that be considered public domain, since I only created a graphic from a PD textual description? Even then, the question remains of what I am allowed to do with the image I created.
I can't see what you are trying to accomplish with this game. If it's your original photograph you can do what you want with it.
Does Wikipedia have any established guidelines on the legality of the use of coats of arms and seals?
Including a picture of a seal is not a use for trademark purposes.
But having said all that, you seem to have been referred to a law that has nothing to do with copyright - I'm not sure whether it applies to the Wikimedia Foundation or to other editors, since the servers and the legal entity are in Florida.
Indeed... ISTM that it wouldn't even be worth it for the county to attempt to press charges against someone outside of New York. I have only a vague idea of how the Wikimedia servers' location factors in to such legal matters.
I think this is a non-issue. Assuming that there were a legal case here in the first place, I suspect strongly that the New York courts would have jurisdictions. The trick of having someone else do the uploading only plays games with the idea of jurisdiction, and has no relevance to the main issue.
I tried the link that you gave to your picture, but it does not give me the picture. This leaves me the impression that the complaint is much ado about nothing. If you want to allege that they are using your image of a sign that any passerby can photograph it is up to you to prove that it is your photograph. Having your girl-friend stand beside the sign when you took the picture would be such a feature that would make your photograph distinctive. Ec