[Wikipedia-l] some questions concerning copyright

[Jimmy Wales]

elian wrote:
> Someone wanted to place the emblem (coat of arms or whatever the correct
> english term is) of a city to the article about it and was unsure if this
> is legal. In Germany there are laws about "Hoheitszeichen" like flags,
> emblems, which restrict the right to use them.

What kind of restrictions are there?  I'm just curious.

> How is the legal situation? I suppose wikipedia is in the sphere of
> american law. If it's legal, do we have to redraw the emblems ourselves or
> can we take the "official" images?

It seems unlikely to me that the emblem of a city is copyright.
Aren't most of them really old, at the least?

Although wikipedia is in the sphere of American law, German
contributors who live in Germany might need to watch themselves with
respect to German law.

> Next question: what's the exact date before which works are copyright
> free in the U.S.? Does US-law apply for German books, scanned in Germany
> and put on a server in the US or do we have to ensure that they are
> copyright free in both countries? German law is "70 years after the death
> of the author".  

We only have to obey American law.  In most respects, this is the most liberal
jurisdiction, so that's not really a constraint.

> PS: I heard something about a lawsuit Eldrigde vs. Ashcroft at the
> Supreme Court - will Mickey Mouse law finally be abolished?

It's possible.  But some legal experts think that the Supreme Court
will rule -- correctly, perhaps -- that the Constitution gives the
power to set the term of copyrights to the Congress, and that the
recent extensions fall well within the realm of the Congressional
public policy setting functions.

http://eldred.cc/ is a good resource to learn more.

Even if the Supreme Court rules one way, it is possible for Congress
to change their minds.  This is somewhat unlikely because (a) the
general public doesn't seem to care much and (b) the people who do
care, care a lot (and contribute mightily to congressional campaigns).

--Jimbo