Asking for clarification of licensing policy resolution

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Asking for clarification of licensing policy resolution

Gergő Tisza
The resolution about the Wikimedia licensing policy (
http://wikimediafoundation.org/wiki/Resolution:Licensing_policy )
states that an EDP should be "in accordance with United States law and
the law of countries where the project content is predominantly
accessed".  If I recall correctly, one of the aims of the resolution
was to forbid media that is "not free enough" for fair use, such as
noncommercial and Wikipedia-only licenses. I can't find this
requirement, however, in the resolution: using an image with a
Wikipedia-specific permission on Wikipedia is certainly in accordance
with the law
of any country, even if one can't claim fair use on the image. What is
the position of the Foundation in the following two cases?

1. Using an image that is not adequate for fair use, with a non-free
license that makes it legal to use the image in Wikipedia.

2. Using an image with a non-free license, when the image is adequate
for fair use (according to US laws), but it is not adequate for the
local version of fair use
(meaning that it would be legal due to fair use to set up a mirror or
publish a printed version of the wiki in the US, and use the image
there, but it would be illegal to do the same in the country where the
project content is predominantly accessed).

Note that in some countries, there is no equivalent of fair use, so
virtually all non-free content would fall in one of these categories.
(This is the case with the Hungarian Wikipedia, where we are trying to
draft an EDP, and ran into this problem.)

thanks
Tgr
(hu:User:Tgr)

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Re: Asking for clarification of licensing policy resolution

David Gerard-2
On 26/06/07, Tisza Gergő <[hidden email]> wrote:

> Note that in some countries, there is no equivalent of fair use, so
> virtually all non-free content would fall in one of these categories.
> (This is the case with the Hungarian Wikipedia, where we are trying to
> draft an EDP, and ran into this problem.)


That's almost certainly not the case. Has Hungary signed to the Berne
Convention?


- d.
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Re: Asking for clarification of licensing policy resolution

Marco Chiesa
In reply to this post by Gergő Tisza
Hi,
on the Italian wikipedia we had the same problem, since the Italian Law
does not really allow fair use as in US law to Wikipedia (it is
generally ok for personal or press use). Therefore we wrote our EDP
requiring that the image fulfills the requirements in the policy
(non-replaceable with a free one, use only in ns-0) and, in the cases
where Italian law does not help us, that we have a permission to use
that image or the image is available with some of not-free-enough
licenses (i.e. the copyright owner has implicitly allowed us to use the
media)

Cruccone

Tisza Gergő wrote:

>The resolution about the Wikimedia licensing policy (
>http://wikimediafoundation.org/wiki/Resolution:Licensing_policy )
>states that an EDP should be "in accordance with United States law and
>the law of countries where the project content is predominantly
>accessed".  If I recall correctly, one of the aims of the resolution
>was to forbid media that is "not free enough" for fair use, such as
>noncommercial and Wikipedia-only licenses. I can't find this
>requirement, however, in the resolution: using an image with a
>Wikipedia-specific permission on Wikipedia is certainly in accordance
>with the law
>of any country, even if one can't claim fair use on the image. What is
>the position of the Foundation in the following two cases?
>
>1. Using an image that is not adequate for fair use, with a non-free
>license that makes it legal to use the image in Wikipedia.
>
>2. Using an image with a non-free license, when the image is adequate
>for fair use (according to US laws), but it is not adequate for the
>local version of fair use
>(meaning that it would be legal due to fair use to set up a mirror or
>publish a printed version of the wiki in the US, and use the image
>there, but it would be illegal to do the same in the country where the
>project content is predominantly accessed).
>
>Note that in some countries, there is no equivalent of fair use, so
>virtually all non-free content would fall in one of these categories.
>(This is the case with the Hungarian Wikipedia, where we are trying to
>draft an EDP, and ran into this problem.)
>
>thanks
>Tgr
>(hu:User:Tgr)
>
>_______________________________________________
>foundation-l mailing list
>[hidden email]
>http://lists.wikimedia.org/mailman/listinfo/foundation-l
>
>  
>


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