Agreed, this is an article-worthy case that may have on going repurcussions
for hosting PD artwork photographs for Commons.
Perhaps the first step could be an English translation of the ruling, with
notes against legal terms which may be being used in a narrow legal context
here, rather than using the normal plain English meaning. Aspects of the
case, such as this ruling applies where the institution has photography
restrictions, and that the photographs were taken by an amateur rather than
the institution, are worth emphasising. Clearly this reference case does
not automatically transfer risk in scenarios where those same conditions
are not present.
Whether this may influence the expert legal interpretation of similar
European law in other countries, is probably a hypothetical to park for the
time being.
Is there going to be an appeal?
Fae
On Thu, 20 Dec 2018, 13:05 Lane Rasberry via Commons-l <
commons-l(a)lists.wikimedia.org wrote:
I looked around. there seems to be no on-wiki
documentation of this.
The case itself probably rises to stand alone English Wikipedia
notability. There is no article either.
There is a gallery of the images.
https://commons.wikimedia.org/wiki/Category:Images_subject_to_Reiss_Engelho…
On Thu, Dec 20, 2018 at 6:58 AM Steinsplitter Wiki via Commons-l <
commons-l(a)lists.wikimedia.org> wrote:
Hello,
Update regarding the court case Reiss Engelhorn Museum vs Wikimedia
Commons user. The lawsuit concerns copyright claims related to 17 images of
the museum’s public domain works of art, which have been uploaded to
Wikimedia Commons.
The Federal Court of Justice ruled against the Wikimedia Commons user,
the high ql reproduction is copyrighted:
https://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Geric…
Best,
Steinsplitter
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