[Wiki Loves Monuments] Vandalism by Sreejithk2000

[Lodewijk]

Hi,

I suggest to have the factual copyright discussion on Wikimedia Commons.
Otherwise it is kind of pointless, because the admins still will not see it
:)

Andrij: I would also suggest to not call this kind of good faith vandalism
- that is highly inappropriate. It may be unconstuctive, not according to
the procedures etc - but you can assume that admins don't "vandalize".

Best,
Lodewijk

2012/10/5 Roel Balingit <roel.balingit at wikimedia.org.ph>

> 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*
> *Treasurer*
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