[Wikimediaau-l] Australian Commonwealth reserves on Commons

[Enoch Lau]

2008/11/13 Peter Ansell <ansell.peter at gmail.com>

> 2008/11/13 Michael Bimmler <mbimmler at gmail.com>
>
>> 2008/11/12 Enoch Lau <elau8465 at gmail.com>:
>>
>> > Regulation 12.38 says "A person" cannot use it for commercial purposes -
>> so
>> > this appears like it applies to anyone, even third party re-users.
>> However,
>> > this restriction, I think, would only apply to Australian persons.
>> >
>>
>> Let's say "Persons who are subject to the jurisdiction of Australia".
>> Read: A foreigner living in Australia or reusing it in an Australian
>> context (Australian webhosting company, whatever) will also be liable.
>> Furthermore, if, say, a British newspaper prints such a picture and
>> afterwards, editions of the newspaper are sold through Australian
>> newsagents, someone might run into problems as well (the newspaper,
>> its local affilitate company, whomever)
>>
>
> But these are details...certainly a French person reusing the pictures
>> in France wouldn't be held accountable.
>>
>
> Would it matter is Australia had a bilateral treaty regarding these things
> with France? Does anyone know if any of these type of treaties exist?
>

There would need to be a bilateral treaty and local French legislation that
says that they recognise this particular offence under French law.
Australian laws (generally) never have extraterritorial effect.

Enoch
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