[Wiki Loves Monuments] Vandalism by Sreejithk2000

Roel Balingit roel.balingit at wikimedia.org.ph
Fri Oct 5 06:48:43 UTC 2012


I've had the same experience in the Philippines. It's because Wikimedia
Commons has determined that the Philippines doesn't have Freedom of
Panorama which according to a lawyer I've talked to mentioned is not
exactly accurate, but the Commons administrator would still require an
official ruling from our Intellectual Property rights office which could
talk a long time.

Roel

On Fri, Oct 5, 2012 at 2:31 PM, Yaroslav M. Blanter <putevod at mccme.ru>wrote:

> 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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*ROEL BALINGIT*
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