[Wiki Loves Monuments] Vandalism by Sreejithk2000

Yaroslav M. Blanter putevod at mccme.ru
Fri Oct 5 06:31:09 UTC 2012


On Thu, 4 Oct 2012 23:54:50 +0200, Tomasz Ganicz wrote:
> 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.

I think it is most likely that the Ukrainian law applies here and the 
buildings are not free - on the other hand, ALL FoP-related deletions on 
Commons have to go through AfD. Speedy deletions of FoP cases are not 
appropriate - because there are legal issues involved, there are de 
minimis arguments, and speedy deletion is not an appropriate avenue to 
address them.

Cheers
Yaroslav





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