Development of Creative Commons licenses

[Stefanie Calkins <stefanie_calkins AT yahoo.com>]

Javier - this is all great info. I appreciate you taking the time out to share your knowledge! I'll keep posting what I find out.

Many many thanks.

Javier Candeira <javier AT candeira.com> wrote:
>  jonathon wrote:
> > As a general rule of thumb, it is advisable to obtain a model release
> > for: 
> > * Every identifiable individual in a photograph; 
> > * Every identifiable work of art in a photograph;
> > * Every identifiable building in a photograph;
>
> As an activist (IANAL) I find this "get releases for everything" policy
> dangerous in the long term, and my rule of thumb is not to ask for such
> releases, except when explicitly required. What follow is my rationale.
>
> First, the law: I don't know about your jurisdiction, but in Spain any work
> of art or building in "public thoroughfares" ("vías
>  públicas") is subject to
> very little protection:
>
> > 2. Las obras situadas permanentemente en parques, calles, plazas u otras
> > vías públicas pueden ser reproducidas, distribuidas y comunicadas
> > libremente por medio de pinturas, dibujos, fotografías y procedimientos
> > audiovisuales. [1]
>
> Quick translation, apologies if some terms of art are wrong:
> "2. Works permanently placed in parks, streets, squares or other public
> thoroughfares can be freely reproduced, distributed and broadcast via
> paintings, drawings, photographs and audio-visual means."
>
> I am curious to know what other jurisdictions' laws or precedents have to
> say about this issue, and whether there is any part of the world where
> either law or norm says street photographers can't publish their work
> without the permission of the authors/rightsholders of buildings and public
> artworks.
>
> Unless your jurisdiction specifically requieres such a release, I
>  think
> that it is healthy NOT to seek permission for publishing photos of public
> art, public buildings, etcetera. The rule of thumb should be only seek the
> release when the law explicitly demands it.
>
> As Pamela Samuelson states in her manifesto (I don't think she would call it
> that, but it sounds like one to me) for overhauling copyright in the USA[2],
> copyright law grows by codifying the norms and trade practices of copyright
> incumbents. If these incumbents get used to have people ask for copyright
> releases that are not required by law, they will eventually ask the
> lawmakers for the law to include those rights, in order to "protect their
> Intellectual Property".
>
> Our job of stopping copyright creep starts at home.
>
> As to the photo of a public personality such as Tiger Woods for publication
> in an encyclopedia (which can be said to be about current events), I would
> be very surprised if releases were necessary. Stefanie
>  doesn't specify it,
> but I am assuming that the photo will be illustrating the "golf" or "tiger
> woods" or even "child prodigy" articles, and not be used in a slanderous
> way, or implying Tiger's endorsement of the encyclopedia or its publisher.
>
> In those circumstances, at least in Spain, I would consider a release
> unnecessary. I have published some photographs in newspapers (I worked as a
> journalist), and a couple of them have been used in Wikipedia [3, 4],
> without any release being signed by any subject: I didn't ask them for it, I
> don't think the wikipedia librarians did either.
>
> I certainly don't feel I am at risk of being sued, and I plan to keep not
> asking for releases for this kind of publication of photos of public
> figures, and to never ask for releases for photos of buildings or of public
> artworks.
>
> Stefanie: I suggest you get the advice of a copyfight-friendly lawyer in
> your circunscription, or better yet, that the
>  publishers do, as they will be
> needing to do it in bulk (or not at all). Should you prefer to ask the list,
> you could at least tell us where you are and where the publisher is!
>
> Javier
>
> [1] http://civil.udg.es/normacivil/estatal/reals/Lpi.html
>
> [2] http://craphound.com/PreliminaryThoughts.pdf
>
> [3] http://commons.wikimedia.org/wiki/Image:58759429_9b2d25b9c8_o.jpg
>
> [4] http://commons.wikimedia.org/wiki/Image:Toshio_Iwai.jpg
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