Commons talk:Copyright rules by territory/Kosovo

Is FoP in Kosovo ok?

I read "LAW NO. 2004/45 ON COPYRIGHT AND OTHER RELATED RIGHTS" [1][2] of Kosovo and I wonder if it is OK to use photos in Wikipedia Commons.

The law in Chapter 12 "Works located in public places" Article 54 states:

54/1 - Works permanently placed on public roads, squares, parks, and other places where there is general public access, can be used freely.

54/2 - The use of the works from the previous paragraph is not allowed to be done in three-dimensional form or for the same purpose as the original works, nor for direct or indirect commercial interest.

The law does not have any significant changes compared to the Albanian law or many other countries in the EU. What I understand from this law, in the second paragraph, is that the reproduction of the work in three-dimensional form is not allowed. A concrete example is the reproduction of a statue in three-dimensional form for profit. It means that photography, painting, or similar forms are allowed but not a miniature copy of the statue. This is similar to the law of Albania or Taiwan.Bes-ARTTalk 18:47, 15 December 2020 (UTC)

I'm gonna page @Clindberg and Aymath6: for this discussion (both have commented on several FOP-related discussions). JWilz12345 (Talk|Contrib's.) 11:58, 16 December 2020 (UTC)

The second clause says you can't reproduce outside works in three-dimensional form, as you note, nor "for the same purpose of the original works", which basically means you can't take a photo of an outdoor photo (or painting) which amounts to a copy (straight on, basically cropped to the original, etc.), and third, can't use them for "direct or indirect commercial interest". The first two restrictions there are fine -- we aren't worried about three-dimensional reproductions since you can't upload those, and most such photos are different enough from the original (most every FoP law has a version of that second clause). It's the third one which is the problem -- that you can't use any such works "for direct or indirect commercial interest". That is basically a non-commercial clause, which is a problem for our policy -- so they have non-commercial FoP basically, which means they are not "free" per our policy, and is why there is a "Not OK" label there. So, you could not sell postcards of a photo of a statue it sounds like, which is one of our usual tests. Uploading here is not illegal in itself, but they still fail policy. Most uses in regular life would be covered -- posting to blogs or whatever -- but the commercial restriction is a problem for our policy. Many of the "red" countries on the FoP map have non-commercial FoP. Carl Lindberg (talk) 15:37, 16 December 2020 (UTC)

I agree. The ban on use for direct or indirect economic gain means we cannot accept the images in Commons. Aymatth2 (talk) 16:30, 16 December 2020 (UTC)

Law change

Law has changed. See here, Article 53. --Arianit (talk) 12:25, 16 September 2023 (UTC)

@Arianit still not acceptable:

Neni 53
Veprat e vendosura në vende publike
1. Veprat e vendosura në hapësira publike dhe në vende të tjera ku është e lejuar qasja e përgjithshme publike shfrytëzohen lirshëm.
2. Shfrytëzimi i veprave nga paragrafi 1. të këtij neni nuk është i lejueshëm të bëhet në formë tredimensionale ose për qëllim të njëjtë si vepra burimore, e as për interes komercial të drejtpërdrejtë apo të tërthortë.

Translating to English with the help of Google Translate:

Article 53
Works placed in public places
1. The works placed in public spaces and in other places where general public access is allowed are freely used.
2. The use of works from paragraph 1. of this article is not permitted in three-dimensional form or for the same purpose as the source work, nor for direct or indirect commercial interest.

"e as për interes komercial të drejtpërdrejtë apo të tërthortë" =  Not OK for Commons.

Commons licensing policy requires that images should be freely reusable even conmercially (for example, post cards, online advertisements, commercial vlogs, for-profit web development, and professional photographs). The copyright law of Kosovo isn't suitable for Commons. We can only accept post-50s Kosovar architecture and monuments if that non-commercial restriction is permanently removed from that FoP clause. JWilz12345 (Talk|Contrib's.) 17:08, 11 May 2024 (UTC)

Hold on: I searched online about a possibpe another updated law. There appears the 2023 version of the Kosovar Law on Copyright and Related Rights. I'll bring this new law (?) on Village pump/Copyright. JWilz12345 (Talk|Contrib's.) 17:17, 11 May 2024 (UTC)