Re: RFC: screenshot - whose work? GFDL?
David Friedland <[email protected]>
| Newsgroups | gmane.org.wikimedia.legal |
|---|---|
| Message-ID | <[email protected]> |
Special terms for distributing the logo have been added to http://meta.wikipedia.org/wiki/Logo -- David Tomos at Wikipedia wrote: > Hello. I have a request for comments. > > We were contacted by a publisher asking permission to use a screenshot > of wikipedia in a publication. I am not in a position to give or refuse > any permission - since I am not the copyright owner. The material is > under GFDL. I told her all that. But then, I also thought it would be > helpful to give a little more (non-legal) advice on this issue, rather > than assuming that she will read and understand the GFDL and all realted > matters. > > So I would like to hear your opinions. Is a screenshot copyrighted work? > > 1) Text > > The article (included only in part) is a collective work. It could be > covered by fair use-like provision under Japanese copyright law > (allowing quotation of copywrited works), or maybe not. > > If not, I suppose it could be considered an "opaque copy" and > "modification" because the screenshot would likely to omit certain parts > of the document/work (it does not include the history section, it does > not perhaps include the whole main text). The screenshot may not include > the bottom of the screen - if that is the case, there wouldn't be a > license and copyright notices. > > > 2) Logo > > The logo is a work of User:Nohat. It is released under GFDL at meta. But > I am not sure about the logo at the upper-left corner of the window. > > There had been an understanding that the logo would be used in this way, > so that usage itself I think is no problem for Nohat. But it seems that > it is not under GFDL there. (i.e., the logo is GFDL on meta, not GFDL on > other part. This is not a problem, since the licensor retains the full > copyright and has the right to re-license anyway s/he wants.) > > 3) Overall look and feel > > The overall look and feel of the screen is largely determined by the > design of the skin. Is this also a copyrighted work of, say, some > developers? If so, is it under GPL (as opposed to GFDL) ? Or is this > something more akin to a work automatically generated by machanical > process, and therefore not a copyrighted work? > > 4) Relations of the elements > > In a window, skin, text and logo are combined and arranged in a certain > way. I am not sure how to understand this. > > Is this a copyrighted work in any sense? > Is there a possibility that we are mixing GFDL and GPL stuff? > Is this an aggregation in GFDL's sense? > > As always, thanks for your attention. > > regards, > > Tomos > > _________________________________________________________________ > Dream of owning a home? Find out how in the First-time Home Buying > Guide. http://special.msn.com/home/firsthome.armx