[Wiki Loves Monuments] Vandalism by Sreejithk2000

[Tomasz Ganicz]

2012/10/4 Tomasz Ganicz <polimerek at gmail.com>:
> 2012/10/4 Андрій Бондаренко <bondareandre at gmail.com>:
>> I need to look at these photos to be sure it is true.
>>
>
> Well - regarding the pictures which were assumed to be copyvio due to
> no freedom of panorama in Ukraine and showing buildings made by Polish
> architects before II World War - the case is not that obvious and IMHO
> should be carefully discussed - maybe even with help of professional
> lawyer.
>
> I don't know anythingh about current Ukrainian law - but if we assume that
>
> a) Lviv was Polish before II world war
> b) the architect was Polish citizen
>
> The applicable copyrigh work for plans of builiding is rather Polish
> than Ukrainian.
>
> Acutally the bulidings are on Ukrainian soil - but the copyright is
> not about physical objects but about the creative work of architect,
> so in fact it doesn't matter where the physical object is actually
> located to decide which law is applicable.
>

Morover:

Regarding Polish copyright law - copyright expires after 70 years
after the death of the author - but except the case where it was a
work for hire with transfer of copyright to the employer. In case of
transfer of copyright of work for hire the copyright expires after 70
years of first publication of the work. In case of architectural works
- the publication means to built a building as it can be seen by
general public from the road. Architects are usually working for hire
and they usually transfer copyright to the owner of the building.
Overal - I think it is not very probable that the architectural works
of Polish architects made before II World War are actually still
copyrightable, and even if they are - as Polish law has a freedom of
panorama and applicable law is rather Polish than Ukrainian - there is
still no reason to delete the pictures...

-- 
Tomek "Polimerek" Ganicz
http://pl.wikimedia.org/wiki/User:Polimerek
http://www.ganicz.pl/poli/
http://www.cbmm.lodz.pl/work.php?id=29&title=tomasz-ganicz