World Wide Panorama mailing list archive

Mailinglist:wwp@yahoogroups.com
Sender:Carl von Einem
Date/Time:2008-May-27 16:05:00
Subject:Re: some research

Thread:


wwp@yahoogroups.com: Re: some research Carl von Einem 2008-May-27 16:05:00
Posted by: "Yuval Levy"
Bruno Postle wrote:
>> > Agreed, this is no 'non-commercial' exhibition.
> 
> the definition of 'non-commercial' is a tricky one.

Note that in Germany even a private website is seen as "commercial", 
only if the owner selects a "banner program" of his domain hoster so 
that he gets a cheaper hosting tariff. No direct contract between the 
site owner and the company that the banner links to.

They have paying sponsors, the technical system is advertised as a 
business solution by partners.

> On the other hand, for this specific case given that the WWP is (C) all 
> rights reserved, the German laws put in some limitations and definitions 
> that may allow public display.
> 
> http://dejure.org/gesetze/UrhG/52.html
It's a public exhibition, no performance by an artist (1). Public 
display of a work is only legal with the OK from an authorised person (3).

> http://dejure.org/gesetze/UrhG/52a.html
This is about small parts of a work, and only applicable if the work is 
specially made for educational purposes. Needs OK from author.

> http://dejure.org/gesetze/UrhG/52b.html
Doesn't apply here: this is meant to control the libraries' rights to 
make a work available in a certain way that they already legally have.

> lot of food for lawyers there, really.

Not really (even if I'm no lawyer). I can serve you with several pages 
of final court decisions. High courts in Munich, Hamburg, Berlin,...

>> > The crazy thing is that it just isn't that hard to find geolocated 
>> > panoramas available for commercial use:
>> > 
>> > http://www.flickr.com/search/?q=equirectangular+geotagged&m=tags&amp...
> 
> I guess they did not think their things through, and somebody found it 
> easier to grab the stuff from the WWP with some automated program.

A typical decision problem...

Next thread:

Previous thread:

back to search page