Would you be able to give a real world example what you cannot do with such a photo compared to a "standard" commons photo?
Rupert. Am 14.09.2012 17:41 schrieb "Cristian Consonni" <kikkocrist...@gmail.com>: > 2012/9/14 Platonides <platoni...@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. > > _______________________________________________ > Wiki Loves Monuments mailing list > WikiLovesMonuments@lists.wikimedia.org > https://lists.wikimedia.org/mailman/listinfo/wikilovesmonuments > http://www.wikilovesmonuments.org >
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