Copyright law leads and references
From Wikigogy
This page is for leads and references especially relevant to Wikigogy's copyright issues.
See also Copyleft, our official copyright policy page.
Contents |
[edit] Copyright leads
- Wikipedia uses a Gnu Free Documentation License while Wikitravel and Wikigogy use Creative Commons licenses. Still, much relevant and well presented research about copyrights is on Wikipedia: http://en.wikipedia.org/wiki/Wikipedia:Copyrights
- Wikitravel has some discussion of copyrights: http://wikitravel.org/en/Copyright_details
- Chilling Effects aims to support lawful online activity against the chill of unwarranted legal threats.
[edit] International Copyright law
- Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971): http://www.law.cornell.edu/treaties/berne/overview.html
- Universal Copyright Convention as revised at Paris on 24 July 1971:
- Per section http://www.unesco.org/culture/laws/copyright/html_eng/page1.shtml
- Whole thing on one page http://palimpsest.stanford.edu/bytopic/intprop/pariscnv.html
[edit] USA Copyright law
[edit] Digital Millennium Copyright Act (DMCA)
US Title 17, section 102
The Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, section 102, says:
- ..(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
[edit] Fair Use (part of US copyright law)
Fair Use might be okay on Wikigogy but we need to think about it and be careful; maybe it is not appropriate nor legal. In any case, Fair Use is only US law and as such maybe not good to rely on for international content such as Wikigogy aims to be.
"Fair use" forbids damaging the original work's sales in the marketplace. So we need to label clearly any stuff we have on the site that is here by virtue of fair use and thus cannot be used commercially in a way that would damage the original work's sales in the marketplace. Wikipedia has this problem, too.
- US Copyright Office on "fair use" -> http://www.copyright.gov/fls/fl102.html
- Huttite's comments, below, are copied here from Wikitravel and relate to Fair Use not being appropriate for Wikitravel.
- Just because US law says we can does not mean we need to choose to do this. Wikitravel:Copyright details sets out the standard for Wikitravel. It says fair use is not appropriate for Wikitravel. Because Wikitravel uses a different copyright licence what may be acceptable for Wikipedia may not be suitable for Wikitravel. -- Huttite 21:02, 29 Dec 2005 (EST)
- Having looked at the Fair Use section, (Section 107), it state that Fair Use is permitted for purposes such as criticism, comment, news reporting, teaching ... , scholarship, or research. Travel is not on the list. While Wikipedia may be considered a work of scholarship or research, because of the standards they set about researching articles, it is highly unlikely that Wikitravel could claim the same thing. It is difficult to see what of the above Fair Use criteria articles written for Wikitravel would even fall under - even news reporting is a bit too much of a stretch. It seems to me that the Fair Use provision exists to allow somebody to comment or respond to what somebody else has said, either to contrast or support an agument or as evidence in an opinion piece. This is not the main intent of Wikitravel. Consequently, I cannot see how the provisions of Fair Use would apply to Wikitravel content - it might to talk pages and how I used it here is a classic example of Fair Use; including criticism, comment, and teaching. Unless you use copyrighted works in a similar way it is not Fair Use. -- Huttite 05:00, 31 Dec 2005 (EST)
