[Wiki Loves Monuments] copyright

[Jane Darnell]

Maarten and Bastien,
I certainly agree that it is confusing. Maarten's first point is an odd
exception to the Freedom of Panorama rule that I never heard of before I
read those Estonian Commons template tags. The usual Wiki Commons "FOP"
copyright is wide open as long as you are outside, anywhere in Europe.  I
certainly hope that this is just a problem with the current templates on
Commons for Estonia. I wonder how Estonian travel agencies handle this
issue?

My understanding until now has been that for some countries there may be
special restrictions, like in Italy for some monuments and in France in
specific bizarre cases like the French Louvre museum, the Eiffel tower when
illuminated at night (but only after 1989, when the current lights were
installed, and only when the light display is visible, so not if there are
fireworks going off all around it) and in other countries there may be
restrictions because of privacy issues, but in general, everything is
allowed. This is especially the case for public art and cultural heritage
sites, which are often also tourist attractions.

The problem I was referring to in my earlier mail was the problem with the
Estonian template tags for Commons, because they don't use the Wiki Loves
Monuments preferred template -- the CC-by-SA tag for "Creative
Commons-Attibuted-Share Alike". If this issue is just a misunderstanding,
then the proper templates should be used. If not, then perhaps for the
competition certain monuments in Estonia or certain cities could allow
CC-by-SA to be used for the period of the competition, using the argument
that "It would be a great benefit to the general public at large to have
high quality photo's of these important cultural objects that are free to
use by anybody, anywhere".

Jane

2011/4/27 Bastien <bzg at altern.org>

> Hi Maarten,
>
> Maarten Dammers <maarten at mdammers.nl> writes:
>
> > 1. Is the buildings architect death for more than 70 years? Yes. Free
>
> I don't want to nitpick, but there are some tricky situations.
>
> In the case of the Eiffel Tower: Eiffel died in 1923, more than 70 years
> ago, so pictures from a "bare" Eiffel Tower *in daylight* can be free.
> But pictures from the Eiffel Tower when it's illuminated by night cannot
> be free... thanks to the copyright an artist owns on this "artwork".
>
> So one must also consider the case when a building is the support for an
> artwork from an artist that is *not* dead more than 70 years ago...
>
> Sigh.
>
> --
>  Bastien
>
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