Re: [Wikimediach-l] Copyright of the swiss administration

2006-04-02 Thread dake
Damn interesting thread :) (even if IANAL)

> Here is a similar example. By law, all bank notes are in the public
> domain in Switzerland, so one is allowed to make copies of them.
> However, it does not mean that one is allowed to copy them in order to
> make counterfeit money !

What about the "specimen" text above the notes ? Do we have to put it on 
the pictures to avoid the "counterfeit" stuff ?

http://commons.wikimedia.org/wiki/Image:Swiss_bank_note_security_text.JPG

"Banknotes are not protected by the Swiss Federal Copyright Statute. 
However, individual works reproduced on banknotes are subject to 
copyright protection provided they have not been reproduced recognisably 
as a part of the banknote. The works protected under copyright law may 
only be reproduced and adapted with the permission of the copyright holder."

hmm..this is quite ambiguous. Let's take the example of the 200 note 
with Ramuz. The big photography of Ramuz could be copyrighted, it is a 
recognizable part of the note. If I can scan the whole note, I cannot 
put it with the PD license on Commons.

> No problem from the point of view of copyright.  The photograph could
> still be prosecuted for violation of military secrets, but the bunker on
> the photo above is probably not a secret. There has been a few examples
> (including an appeal just last week) of silly cases where everyone knows
> that a certain building is a hidden military bunker, but mentioning it
> and publishing a picture accompanied by the location is considered a
> violation of military secret.

I have a better example from Commons. It is by far less visible than the 
other picture (though I guess everybody knows about it). Probably a 
"silly case" candidate :

http://commons.wikimedia.org/wiki/Image:Panzerturm.jpg

> No problem either — nobody owns the rights of what happens during
> a soccer match.

I asked that because I know there were some restrictions during the 
Olympic Games at Turin (pictures for private use only, not commercial, 
blabla). Same for the US Open or another major tennis tournament.


> C'est du pipeau, a mon avis ! Just digitalising an image does not
> produce an "original" work (quite the opposite: when you digitalise an
> image, your goal is to be as close as possible to the original one), so
> this is unlikely to be protected by copyright. See the "Meili" case
> referenced at the page you cited above (now en:Copyright law of
> Switzerland). Have you tried asking the Bpun ?

I haven't tried yet, I will send a mail. Note that I have often seen 
these "copyright" on PD pictures or/and disclaimers. I was very 
interested in the pictures of the BIUM. Example :

http://www.bium.univ-paris5.fr/monstres/moyen/491.jpg

But :

Toutes les images de la banque sont © BIUM.
Leur reproduction est strictement réservée à l'usage privé
du copiste et non destinée à une utilisation collective

I will send a few mails there and there, also on the legal list of 
Wikimedia, just to see their point of view.

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Re: [Wikimediach-l] Copyright of the swiss administration

2006-04-02 Thread dake
> I have tons of references about the Swiss law. Creating an article on
>  this topic in en: is on my todo list. Give me a reference of the 
> relevant page on fr: (and maybe some precise questions) and I'll try
>  to add pointers to what I know as well.

The question about armoiries raised up in the "bistro", section
"poulpisme"
(http://fr.wikipedia.org/wiki/Wikip%C3%A9dia:Le_Bistro/31_mars_2006)
I actually gave references to 232.21

On Commons, these pictures are marked as "CC-BY-SA-2.0". I am wondering
if this license conflicts with law 232.21

You could probably enhance or integrate the following article :
http://en.wikipedia.org/wiki/Copyright_protection_of_photographs_in_Switzerland

There are not *so* many questions about pictures in Switzerland (the
swiss community on :fr is still small, most questions came out of my
mind) but we can make a parallel with the questions that are often
raised for France. Those are usually :

* photographies of recent monuments, buildings, architectural work, etc.
* copyright of agencies related to goverment
* copyright and rules when one takes a picture of a known person (there
were some discussions about a picture of Zidane in an airport, one could
consider this as "private" life.
http://fr.wikipedia.org/wiki/Image:Zidane_Paris_CdG.png)
* screenshots of softwares
* pictures of military buildings (eg for Switzerland :
http://commons.wikimedia.org/wiki/Image:Bunker-suisse-aviation-p1010146.jpg)
* pictures taken during major events (for Switzerland, a good example
could be pictures taken during Eurocup 08)

Last week, someone asked me by mail about this case :

http://bpun.unine.ch/IconoNeuch/Portraits/Portraits.htm

The pictures should be in public domain, but a copyright has been added
by the Bpun. I asked the SSA about this issue (for me, this content
should be marked as PD) and they were surprised, they have forwarded my
question to another society (Pro Litteris), I am waiting for a clear answer.


Nous avons bien  reçu votre courriel et nous nous sommes en effet
interrogés sur le © que la Bibliothèque a inséré sur l’oeuvre non
protégée. Il couvre éventuellement les droits du photographe qui a
reproduit l’oeuvre afin qu’elle soit numérisée.Mais nous avons constaté
en général que les bibliothèques souhaitent être indiquées en tant que
source, et que, si elles facturent quelque chose aux utilisateurs, ce
sont leurs frais de recherche.


Voilà ;)

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Re: [Wikimediach-l] Copyright of the swiss administration

2006-03-31 Thread dake
Thanks for your answer. I had actually sent the mail to the webmaster. I 
will drop a mail to J. Glauser.

You are right about the laws and the protocols. I add there is something 
interesting about swiss law compared to french/belgian law concerning 
the buildings as it seems (my non-professional interpretation) that 
making a picture of a recent building, statue, etc. is allowed while in 
France/Belgium, it is not (see the "Atomium" story).

Well, some advices about swiss law in general regarding the copyright 
would be nice. There was a question today on the french wikipedia about 
the flags of cantons, communes and districts. On :fr, we have tons of 
references about the french law, nearly nothing about swiss law, I'm 
trying to collect some references :)

Regards,
Dake
http://fr.wikipedia.org/wiki/Utilisateur:Dake

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[Wikimediach-l] Copyright of the swiss administration

2006-03-31 Thread dake
Hi Swiss fellows,

I had sent a few months ago a mail to admin.ch to know what was the
exact license of the official goverment material (pictures and texts). 
Unfortunately, I didn't get an answer hence this post. For example,
the picture on this page (we all love this site, trust me, it was 
randomly picked up :))

http://www.vbs-ddps.ch/internet/groupgst/fr/home/generalstab/dergeneralstab/generalstabschef0.html

I know in France the gov. has a special (non-free) license for such 
contents. In USA, gov. material is mostly P.D as you probably know. It 
would be interesting to have a clear answer to this point for Switzerland.

Cheers,

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