[UbuntuWomen] Work Play Day - Discussion and Review of Announcement and Photo Model Release Waiver

[Amber Graner]

On Tue, Apr 6, 2010 at 3:07 AM, Matthew East <mdke at ubuntu.com> wrote:
> On Tue, Apr 6, 2010 at 7:28 AM, Matthew East <mdke at ubuntu.com> wrote:
>> However I do feel that there is something wrong with asking the
>> individual to release the image under a free license which retains
>> many of the author's rights, but then taking away all of the
>> individual's rights at the same time with the waiver. I can see that
>> you are trying to get the best of both worlds by, as you put it,
>> "allowing Parents and Guardians to protect the likeness without also
>> making it unusable to a vast proportion of the intended
>> beneficiaries". But I don't think that you can have the best of both
>> worlds. I don't think it's coherent as a matter of logic, but more
>> importantly I don't think it is right from an ethical point of view. I
>> think it needs to be clear from the beginning what rights the project
>> will have in respect of the image from the start.
>
> I've been thinking about this some more and whether it's possible to
> achieve what you want to do in a different way. Essentially your
> objective is to give the Ubuntu project different rights over the
> photo to those which the rest of the world have. The neatest way to
> achieve that seems to me to be to have one license for the world, and
> another license for the Ubuntu project. That way at least we have some
> clarity about what uses the image can be put to, what can be done to
> it, under what conditions, and we ensure that the copyright holder
> remains the copyright holder and there is no scary language about
> waiving and holding harmless.
>
> Even with this solution there are two problems, one practical and one principle.
>
> The practical problem is defining who gets the additional rights. The
> Ubuntu project is not a legal entity, and its also very uncertain who
> would fall within it. So, for example, person X puts the image on a
> flyer for their Ubuntu classes which they run as a commercial venture.
> The parent is enraged that the photo is being used for commercial
> purposes and brings an action against person X. Person X raises a
> defence on the grounds that he is a member of the Ubuntu project.
> Parent responds that the classes are run privately and are not an
> initiative of the Ubuntu project. How do we determine whether person X
> has the rights which he claims to have? Is it enough if he has
> contributed patches to the project? Is it enough if he is an Ubuntu
> member? Is it necessary that the profits from the classes are put back
> into the project in some way?
>
> Even if that hurdle can be overcome by defining what legal persons
> have the additional rights, I still think there is a problem of
> principle arising out of giving certain individuals more rights than
> others in respect of using the photo. Why should person X get more
> rights than others?
>
> I hope this email takes things a bit further.
>
> --
> Matthew East
> http://www.mdke.org
> gnupg pub 1024D/0E6B06FF
>

Hi all!

I apologize for the delay in getting this to everyone  - I did NOT
anticipate my allergies flaring up on my way  to Austin yesterday :-(.
 I am sorry this took longer than planned to get this back to you all.

The announcement has been modified to specify JPEG and PNG photo
formats as well as the CC License to match the License to match the
Option 1 Waiver on the wiki.

The original Waiver proposal (listed as option 2) and the new
simplified Waiver (listed as Option 1) are both listed on the wiki so
everyone can see the differences easily.

I am at the Texas Linux Fest this weekend (not sure how much time I
will have online between now and Monday morning), if there are any
concerns over using the announcement as it is now or Option 1
Photo/Model Release waiver, please reply to the list and or contact
Melissa Draper (her email is in the thread - Thanks Melissa!).

Thanks everyone taking a look at these modifications and helping with
this new competition.

:-D Cheers!
Amber





-- 
Amber Graner//akgraner//
http://amber.redvoodoo.org/
http://www.ubuntu-user.com/Online/Blogs/Amber-Graner-You-in-Ubuntu


Just me Amber.

There are lots of Linux users who don't care how the kernel works, but
only want to use it. That is a tribute to how good Linux is.
Linus Torvalds