Russavia wrote "To crop the
logo out to appear as it does in your linked to image, it would be a
copyvio. " Doesn't the free license we use is supposed to allow (and even
force) any modifications of an image to be free also?

JP aka Amqui


2014-12-11 11:04 GMT-07:00 Russavia <russavia.wikipe...@gmail.com>:

> Geni
>
> You wouldn't be talking about the Skyy Spirits case would you?
> http://www.law.cornell.edu/copyright/cases/225_f3d_1068.htm
>
> This case is not akin to that case in any way, shape or form. That
> issue was referring to the copyright on the 3D bottle. Refer to
>
> https://commons.wikimedia.org/wiki/Commons:Copyright_rules_by_subject_matter#Product_packaging
>
> But in Steven's case, it is also complicated by Japanese law having to
> be considered.
>
> Jane
>
> FoP may or may not cover it.
> https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#Tunisia
> states the work has to be permanently located in a public place. It
> could also depend on the purpose of the photo.
>
> Nathan
>
> I'm sorry, but I can't believe you were seriously talking about a logo
> on the tractor which isn't basically visible in the original photo you
> showed. It's call "de minimis" in the photo on Commons. To crop the
> logo out to appear as it does in your linked to image, it would be a
> copyvio. There is another aspect of "de minimis" that needs to be
> considered. You can't walk into a bookshop and take photos of a rack
> of magazine covers (which would be copyrighted) and upload those to
> Commons, as in that context of that photo each individual part can not
> be separated from the overall motif of the photograph.
> https://commons.wikimedia.org/wiki/COM:DM might be nice reading for
> you.
>
> Steven
>
> There's seriously so many aspects that we have to consider on Commons,
> and the entire VOLUNTEER community does it's best. It's not good to
> attack the entire community as you did in your opening post, when the
> editor who nominated the image for deletion did so in good faith, and
> in fact the issue of COM:PACKAGING deletions was being discussed in
> #wikimedia-commons for some hours. You make it sound that we love
> deleting people's uploads just to piss them off, and I guarantee you
> that is not the case. If you ever want to have a civilised discussion
> on the issues, go on project and start that discussion. Just don't
> approach the issue by calling us all extremists, because you'll simply
> be ignored, not only by myself, but by others too I would imagine.
>
> I've got nothing more to say here I think.
>
> Russavia
>
>
>
>
>
>
> On Fri, Dec 12, 2014 at 1:25 AM, geni <geni...@gmail.com> wrote:
> > On 11 December 2014 at 16:54, Russavia <russavia.wikipe...@gmail.com>
> wrote:
> >
> >> Steven,
> >>
> >> No Stephen, this is toxic --
> https://www.youtube.com/watch?v=LOZuxwVk7TU
> >>
> >> My response was a hard truth unfortunately. As is my comments at
> >>
> >>
> https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Green_tea_Kit-Kat.jpeg
> >> about your long, whiny post.
> >>
> >> Thanks for reading
> >>
> >> Russavia
> >>
> >>
> >
> > Really? The relevant caselaw isn't as clear as you appear to suggest. In
> > particular the judges in the Ninth Circuit ruling (WMF is based in
> > California so Ninth Circuit) have explicit rejected the idea that labels
> on
> > useful articles (which packaging generally is) creative derivative when
> > dealing with product photography. I am admittedly unaware of any case-law
> > considering labels vs stuff directly printed onto packing but the general
> > principles seem to hold.
> >
> > --
> > geni
> > _______________________________________________
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