[Wiki Loves Monuments] MIBAC agreement for Wiki Loves Monuments in Italy

rupert THURNER rupert.thurner at gmail.com
Fri Sep 14 18:54:36 UTC 2012

Would you be able to give a real world example what you cannot do with such
a photo compared to a "standard" commons photo?

Am 14.09.2012 17:41 schrieb "Cristian Consonni" <kikkocristian at gmail.com>:

> 2012/9/14 Platonides <platonides at gmail.com>:
> > This will likely appear several times at COM:DR, having to be explained.
> > It would be worse if someone tried to do the same with their own photos
> > (I place them under CC-BY-SA but I require a fee) but I don't think they
> > could since they would only have copyright to battle with.
> Won't work.
> If a photographer wants to ask a fee for the use of his/her photos the
> law which is permitting him to do so is copyright law, i.e. the
> monopoly (albeit temporary) granted by the state the exclusive rights
> over the use of a work of art to the author of the work itself.
> Creative Commons licenses are enforced by the same law, i.e. the
> author, since he is the person with the right to do so, grants a
> thirds party the possibility to reproduce, re-use, etc his work. So
> you can not use the same copyright law to grant a right and negate it
> at the same time.
> The (Italian) law for which you have to request authorization to
> publish photos of Italian cultural heritage come is *a different law*
> from copyright law, it has different grounds, namely it is based on
> the fact that the Italian States thinks it has the right to decide
> whether the picture of a monument can be published or not, with the
> aim of protecting the monuments via protecting (the "decency" of)
> their images.
> To put this differently let me add that in the agreement we made with
> the Ministry the Ministry said that the choice of the license to use
> for releasing the images is a personal choice of the photographer, the
> Codice Urbani is not.[*]
> To clarify, my understanding of the situation (but IANAL) the
> situation is more similar to the {{Personality rights}} template.
> There are laws, which are different from copyright law which prohibit
> to do something with a picture unless you obtain an authorization.
> This is a non-copyright restriction.
> So, this is not the first time we find that photos that may have some
> sort restrictions on it which are not deriving from copyright.
> > Still, those
> > photos are not completely free.
> Disagree, they are completely free regarding the subject of copyright,
> and that's why the lawyers we contacted (which are people from
> Creative Commons Italia) assured us that this agreement (disclaimer
> included) is compatible with CC-BY-SA.
> Cristian
> [*] It's also worth noting that the Ministry, with this agreement is
> not "stretching" the existing law in any way. They also have not
> required that the photos must be free (because the Italian law doesn't
> impose such a thing), but it is stated that the photo participating in
> the contest will be released with CC-BY-SA. The difference is subtle,
> but the derives from the previous statement.
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