Meeting with a copyright lawyer out of Vancouver next week. Will have more details soon.
James
On Sat, Mar 25, 2017 at 3:55 PM, rupert THURNER rupert.thurner@gmail.com wrote:
i got two further links in private mails which seem helpful in this area. first, a page on commons which suggests to split commons in "safe" and "not safe". besides putting the license info and attribution into the picture this would be my personal favourite, as it can be easy explained to users: https://meta.wikimedia.org/wiki/NonFreeWiki
and second, steinsplitter noted that cc-by-sa 4 contains a clause in section 6 where the license reinstates in case it is fixed after a notification: https://creativecommons.org/licenses/by-sa/4.0/legalcode
what gergő says, that this hurts the reputation and morale, and andreas kolbes remark that what people see on wikipedia is giving a wrong example - mere mortals do not get such subtleties. while i fully agree with yann that it is not pleasant that a political party uses an image, i do not think you did upload to commons to make money, isn't it? so if you get 500 or 5000 it does not matter too much?
james case is very different. there somebody deliberately breaks the license for years. i contacted amazon and the process to report copyright violations is tedios. only the person whose copyright is violated can do it, and single cases need to be reported. not funny if *thousands* of books are concerned. as far as i know james is in contact with the wikimedia foundation legal team. stephen, any news here?
best rupert
On Wed, Mar 8, 2017 at 1:43 AM, Lilburne lilburne@tygers-of-wrath.net wrote:
It probably isn't fair. But then again without actually contacting the copyright holder the CC licenses are nothing more than a indicator that reuse may be OK. Then when you get into chains of derivatives you are in
a
world of pain. Websites are particularly prone to fouling up the
licenses.
Flickr does not allow people to upload CC licensed images from other
people
because the attributions will be wrong. Suppose Jane Doe uploads an CC
image
from Joe Blow, everywhere the site displays the image it will end up
being
credited to Jane Doe not Joe Blow. Accreditation becomes very hard if Joe Blow's image is actually a derivative that contains parts of images from multiple other people.
When those on Commons start cloning out watermarks on images they create
a
liability for down stream reusers.
On 07/03/2017 03:13, Andreas Kolbe wrote:
People usually encounter images in Wikipedia, and Wikipedia does not comply with the CC licence requirements either, the way downstream re-users are expected to comply with them. That's a problem.
For example, the CC BY 3.0 licence requires re-users to name the image's author, and much else besides. But when a CC BY 3.0 image is used in Wikipedia, or indeed on a content page in Commons, none of that information is present. All Wikipedia does provide is a link to the image's Commons page.[1]
Wikipedia is advertised as the free encyclopedia. This includes people being free to re-use any part of it, even for commercial purposes. So
why
shouldn't people think that they are allowed to use an image in exactly the same way Wikipedia is using it?
If a user sees an image in Wikipedia, it is quite natural for them,
given
what they have been told, to right-click on it and select copy, without even going to the Commons page with the detailed licence info. But if
they
do what Wikipedia does, i.e. only providing a link to the source, they
can
get slapped with a bill for several thousand dollars or euros.
One recent press article[2] gave the example of a single mum on benefits who received a demand for 7,500 euro (nearly 8,000 dollars) from a Wikipedian because of two images she had used without giving the
required
attribution.
It doesn't seem fair.
[1] Example: https://en.wikipedia.org/wiki/Cercospora_capsici [2]
ueber-Distanzierung-von-Fotolizenz-Abzockern-3630842.html?seite=2
On Mon, Mar 6, 2017 at 6:37 AM, Gergő Tisza gtisza@gmail.com wrote:
I can read some German and looked into a similar case the last time
this
came up (the thread was called "harald bischoff advertising to make images "for the wikimedia foundation" and then suing users"). It involved (amongst others) an amateur news blog which took an image from the Wikipedia article of some politician and credited it to "Wikipedia" (with link to the
image
description page; but no author or license), and was slapped with a ~$1000 fee. These kind of predatory tactics hurt the reputation and moral standing of the movement IMO.
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