wwp@yahoogroups.com:
Re: some research
Carl von Einem 2008-May-27 09:51:00
Hi everybody,
the podcast (2007-10-24-53088) contains two interesting sentences
starting at 00:44 which I want to cite:
"Die Bilddaten stammen aus dem Internet. Eine internationale Community
beteiligt sich so an diesem Projekt."
(in english: The image files come from the internet. An international
community thus participates in this project.)
"Participation" indicates to me that they claim to have the necessary
rights. Ha ha!
Note the part where the audience reacts to what looks to me like Willy's
"Water" pano: the panoramas seem to add the "wow-factor"! :-)
Willy's great document (thanks, Willy!) reveals an altered claim with
all panoramas:
"Photo by <name of artist>"
instead of
"Copyright (c) <year> <name of artist>, All Rights Reserved | <link to
artist's homepage>
I'm not completely sure about that, but AFAIK this also leads to a
surcharge. I think this depends on the claim mentioned in one's own
general terms and conditions. In my case that would be my name and URL.
This is from the 2008 official list by http://www.bvpa.org/ which is
very useful in court:
Fees in EUR for non commercial exhibitions (museum etc.),
display size 5 square meters (ca. 54 square feet), fees for commercial
exhibitions in parenthesis:
- single national exhibition (max. 6 months)
285 eur (425)
- national long term or travelling exhibition
(max. 3 years, if longer charge +50% for every following 3 years)
585 eur (850)
- multi national exhibition
850 (1295)
The actual size of the projection is 35 times bigger:
8 m (circumference) x 3.14 (Pi) x 2.8 m (height) = 70,336 square meters
And we are talking about a large number of panoramas! At least two
exhibitions are known so far. This means two single usages or one
travelling exhibition.
Not only that every (at least German) copyright holder can charge
standard fees plus a 100% extra "self-service" charge. ZKM can't claim
that they acted naive. According to German law "Urheberrechtsgesetz"
they have a big problem. The fees belong to civil law, but this might
also be a criminal law case:
http://dejure.org/gesetze/UrhG/106.html
calls for sentences up to three years of prison or a fine. Commercial
usage asks for sentences up to 5 years.
More about German "copyright" law:
<http://de.wikipedia.org/wiki/Gesetz_%C3%BCber_Urheberrecht_und_verwandte...>
(sorry, I only found that in German)
general terms and conditions: if a contract penalty for unlicensed usage
is mentioned, a surcharge of up to +400% on the base fee is legal.
So what I'd love to do is to send ZKM a nice invoice together with my
AGB (the general terms and conditions). I didn't see my panoramas or my
name mentioned in Willy's film but I have a good point in suspecting
that they used the complete "wwp stock" including every single panorama
until sometime in 2007. The known facts give me every right to ask for
exact details.
A second option would be this: it's fairly simple for German copyright
holders to claim their rights. So they have the best position to unite
and make a fair deal for all wwp contributors (except those who don't
like the term 'we') with ZKM. We just need to know our goals. To start
with something, what kind of camera/lens/panohead/computer would Don
prefer? :-)
Posted by: "Alex Makienko"
>> <http://www.inka-magazin.de/wissen/artikel/globorama.html> - they
>> claim over 2000 immersive locations, which more or less correspond
>> to WWP up until 2006, doesn't it?
> Is there any way to obtain the full list of panos used in their project?
Yes, they have to give a complete overview about usage: where, when,
number of copies (leaflets)/visitors,...
Carl
Posted by: "Willy Kaemena" #removed# wkaemena
Date: Mon May 26, 2008 1:55 am ((PDT))
>
> here is the movie (18Mb) which gives you an even better idea about how
> the WWP was used in the Globorama project.
> Don't expect a beautiful movie... it is only a bunch of evidences.
>
> And keep cool !! lets think together how we could approach this
> breach of Copyright. Don't bombard the owner of Globorama with single
> complaints at the moment.