Public Domain Day—January 1, 2014—gives me an opportunity to reflect on this important asset, mandated by the Constitution of the United States.
Compared with the years before 1998, the public domain has had a relatively small amount of material added to it for a whole generation. Since then, we have been in a catch-up period. Until 1998, the expiration on copyright was the life of the author plus 50 years, and 75 years for a work of corporate authorship/ownership. But here's the complicated bit, so please bear with me: the US Copyright Term Extension Act of 1998 (CTEA) lengthened that period to the life of the author plus 70 years and for works of corporate authorship to 95 years after publication or 120 years after creation, whichever endpoint is reached earlier. Copyright protection for works published before January 1, 1978 was increased by 20 years to a total of 95 years from their publication date. In practical terms, this means that works published in 1923 should have entered the public domain in 1999. Because of the CTEA, works published in 1923 have to wait until 2019 to enter the public domain. So far, that amounts to 15 years of withholding published works from entering the public domain (with five more years to wait).
There's been a small consolation: unpublished work by authors who died 70 years ago has been entering the public domain. On January 1, 2014, unpublished works (i.e. works never copyrighted) created by people such as composer Sergei Rachmaninoff, director Max Reinhardt, author Kermit Roosevelt, painter Chaim Soutine, philosopher Simone Weil, inventor Nikola Tesla, and actor Conrad Veidt entered the public domain.[1]
Part of the issue with the CTEA was that Congress had been heavily lobbied by the entertainment industry and others to pass the act, since those industries would be the beneficiaries. But what about the public? On that score, remarkably few individuals testified against extending copyright. Congress practically ignored entreaties that the extension of copyright might cause issues.
As we patiently wait for 2019, there is a fear that Congress will again be influenced by the entertainment and other industries to again extend the length of copyright. It is unfortunate that while Congress can welcome the entreaties of the heavily financed industry leaders in favor of copyright extension, there are no concomitantly powerful organizations representing the Citizens of the United States arguing against extension and support for the public domain.
It took some by surprise that Maria Pallante, the Register of Copyrights, has called on Congress to examine many aspects of copyright for the 21st century due to the vast changes brought about by the Internet and the variety of of electronic communication. Among her points is re-examining term length for copyright, to recognize that copyright is not a one way highway for rights holders, but should be a balance achieved between copyright holders and the public.[2]
On the surface it may seem as if the public may not be able to do anything. Such a defeatist view sees us at the mercy of the U.S. Congress, lacking the means to mount as effective a response that would be comparable to what the entertainment industry could muster.
But we are not helpless. Each Public Domain Day welcomes many unpublished works that can now be used freely without permission or payment. One form of benefit is that the public is allowed to enjoy these works, But perhaps more importantly, these works can now serve as the basis for the creation of new works. That is the other half of what the US copyright law is about. The annual replenishment of newly free work has been one of the economy’s engines since the 19th century, and has been hampered since the passage of the CTEA.
In this regard, the efforts of Wikimedians all over the world can not be underestimated: increasingly, I see newspapers and journals using media from Commons instead of contracting with for-profit media libraries. At nearly 20 million items and always increasing, Wikimedia Commons provides a counterweight to licensed use of media, giving the world options that were not previously available through such a widespread effort.
Citizens should not be shy in communicating the benefits they derive from public domain works. Creative artists, scholars and numerous other kinds of people and professions depend on freely available work. You are encouraged to strengthen free culture by participating and getting others to participate in photograph events and other media/content creation contests such as edit-a-thons and especially the annual Wiki Loves Monuments competition.
We should make every effort to celebrate and publicize public domain day, to educate the general public and raise the awareness of copyright and public domain, and the balance that needs to be struck between the copyright holders and the public.
May we all look forward and work to ensure that on January 1, 2019, works published in 1923 finally are allowed to enter the public domain, and that in successive years we will welcome published works whose nearly century-old protection comes to its legal conclusion.
The various maladies that befall humanity got some well-known faces this week: the death of the well-liked actor James Avery topped the list, but Michael Schumacher, who is in a coma after a skiing accident, also drew attention. Jordan Belfort, one of the many faces of the economic tragedy unfolding around us, remained in focus as the inspiration for the film The Wolf of Wall Street. And Anderson Silva's failed attempt to reclaim his UFC champion's crown from his nemesis Chris Weidman drew sympathy for the kind of tragedy everyone can relate to. In other news, the return of the TV series Sherlock energised the world, while Breaking Bad, despite being over for two months, continues to be a talking point.
For the week of 29 December to 4 January, here are the ten most popular articles on the English Wikipedia. For the complete top 25 report, see WP:TOP25.
Rank | Article | Class | Views | Image | Notes |
---|---|---|---|---|---|
1 | James Avery (actor) | 624,917 | The much loved actor who played Will Smith's uncle Philip Banks on The Fresh Prince of Bel-Air (and voiced the Shredder in the Teenage Mutant Ninja Turtles TV series) died unexpectedly on New Year's Eve, sparking an outpouring of affection. | ||
2 | Michael Schumacher | 624,452 | The man whom many regard as the greatest Formula One driver of all time is now in a critical condition and a medically induced coma after an off-piste skiing accident. As of this writing, his condition is described as stable, though naturally fans are desperate for updates. | ||
3 | Sherlock (TV series) | 607,049 | The contemporary-set revamp of the Sherlock Holmes mythos has become a surprise global hit (and turned its star, Benedict Cumberbatch into an international sex symbol) and is now watched in 200 countries and territories (out of 254), so it's not surprising that its much ballyhooed return from a two-year hiatus was met with feverish anticipation. | ||
4 | Jordan Belfort | 514,459 | Onetime stockbroker who spent 22 months in prison for running a penny stock boiler room, he went on to write the books that the film The Wolf of Wall Street is based on. | ||
5 | 410,816 | A perennially popular article | |||
6 | Breaking Bad | 401,159 | People just can't let this show go. The most Wikipedia'd show of the year ended for good two months ago; even so, with its appearance on countless "best of the year" lists, and an unexpected endorsement from US President Barack Obama, it's still drumming interest from the public. On December 27, AMC began a four-day marathon, showing all 62 episodes. | ||
7 | The Wolf of Wall Street (2013 film) | 308,837 | Martin Scorsese's acclaimed account of one person's contribution to our general economic misery opened to a respectable $34 million on Christmas Day. | ||
8 | American Hustle (2013 film) | 286,132 | David O. Russell's star-studded 70s art-forgery caper is getting strong reviews and decent box office returns, having grossed $90 million domestic in its first 24 days. | ||
9 | UFC 168 | Unassessed | 355,541 | The rematch between Anderson Silva and Chris Weidman, who took the UFC Middleweight Championship title when he knocked Silva out last July, again went to Weidman. | |
10 | Frozen (2013 film) | 321,251 | Disney's de facto sequel to Tangled has become something of a sensation. It reclaimed the top spot in the US charts on its sixth weekend (a feat only matched by Avatar and Titanic) and has already outperformed its predecessor at the box office, having grossed nearly $650 million worldwide. |
MediaWiki developers will be meeting in San Francisco on January 23–24 for an Architecture Summit. The first architecture meeting was during the Amsterdam Hackathon, and discussed the Architecture guidelines document and parts of the MediaWiki codebase. Further meetings were held at Wikimania 2013 in Hong Kong and at the WMF Engineering's All-Hands meeting; there were also bi-weekly meetings on IRC to review various requests for comments.
For the summit, RfCs have been split into clusters to facilitate discussion. Developers are now voting in a straw poll on what they are interested in concerning the creation of the program. As of writing, the categories with the most votes are:
Not all fixes may have gone live to WMF sites at the time of writing; some may not be scheduled to go live for several weeks.
The issue of paid advocacy—the practice of being paid to promote something—has long been thorny on the English Wikipedia. The most recent battle was over the public relations company Wiki-PR, whose employees created, edited, or maintained several thousand Wikipedia articles for paying clients using a sophisticated array of concealed user accounts, violating several English Wikipedia policies in the process. These practices were exposed by the Signpost and other news outlets.
Shortly after, the executive director of the Foundation, Sue Gardner, authored a press release that in part distinguished between paid editing and paid advocacy:
“ | Editing-for-pay has been a divisive topic inside Wikipedia for many years, particularly when the edits to articles are promotional in nature. Unlike a university professor editing Wikipedia articles in their area of expertise, paid editing for promotional purposes, or paid advocacy editing as we call it, is extremely problematic ... [violating] the core principles that have made Wikipedia so valuable for so many people." / Being deceptive in your editing by using sockpuppets or misrepresenting your affiliation with a company is against Wikipedia policy and is prohibited by our Terms of Use. | ” |
Gardner could not have predicted that the very next controversy would be so close to home, involving the dismissal of Sarah Stierch, whose paid-for editing activities were first revealed in a blog post. This included a screenshot of Stierch's profile on oDesk, a global clearinghouse for the hiring and management of remote workers. The profile showed that she had been paid US$300 to author a Wikipedia page for an "individual", along with two billed hours for a "Wikipedia Writer Editor" job that was "in progress". Since that screenshot, the profile has been updated to rate her work at five stars, saying "Thanks, Sarah! I really appreciate you!".
The Foundation uses oDesk to pay its contractors and most of its non-US workforce; the screenshot clearly shows that Stierch's account had previously been credited for more than a thousand hours of work for a previous WMF position—a community fellowship—as far back as January 2012.The topic also hit the talkpage of Jimmy Wales, the outspoken co-founder of Wikipedia, who immediately intoned: "I very very strongly condemn such editing, and this is no exception."
Just days after the revelations, Stierch found herself without her WMF job. Frank Schulenburg, the Foundation's Senior Director of Programs, told the community that she edited for pay "even though it is widely known that paid editing is frowned upon by many in the editing community and by the Wikimedia Foundation" (he later corrected this statement to read "paid advocacy editing" rather than paid editing).
In his announcement of Stierch's dismissal, Schulenburg wrote, without overt irony: "I would like to believe that the Wikimedia movement is a place of forgiveness and compassion. ...". It can only be speculated what the motivations were for Stierch's paid editing, but a sense of this might be gleaned from her tweets in late December.
The Signpost asked Schulenburg whether Wales was involved in the decision to sack Stierch. He replied: "We aren’t going to give specifics about a personnel matter. In general, decisions about dismissals are made by an employee's manager, in consultation with HR and other parts of the staff." On whether the boundary between paid editing and paid advocacy was a factor in the decision to dismiss, Schulenburg was unforthcoming: "The terms paid editing and paid advocacy are very specific, and may not always be clear to many." Other questions he deferred as a "personnel matter", declining to go beyond what was stated in his opening post.
The WMF does not appear to have an explicit agreement with its employees or contractors that bans them from either paid editing or paid advocacy. We asked WMF spokesperson Jay Walsh whether the Foundation explicitly forbids its employees from either paid editing or paid advocacy:
“ | In the Foundation's experience any form of paid advocacy editing runs against the values and editorial policies of the Wikimedia projects. Foundation staff are expected to uphold the values of the Wikimedia projects and the movement as a whole, and like any user of our projects, they are also expected to honor our Terms of Use. / Our staff receive clear standards of conduct in our employee handbook, and sign an agreement which outlines conduct expectations and conflict of interest guidance when they begin employment. / That agreement doesn't necessarily go into specific detail about what activities are permitted or not permitted. Like any employer, the Foundation expects staff to bring good judgement and to be able to interpret the guidance as it applies to their lives and to their work. Of course if they aren't sure, staff are always encouraged to discuss any potential conflict situations with their managers, HR, or legal counsel. | ” |
Walsh told us that some of the basic substance of the agreement is in the WMF's COI policy, which is specifically aimed at officers, board members, and executives; however, "this is not exactly the same as the employee agreements. Not all of those agreements are necessarily identical, given that staff work in different jurisdictions around the world. But the basic principles and expectations are the same."
The Signpost was unable to find definitive evidence in the terms of use of a clause that Stierch might have breached, even though both Gardner and Walsh have both cited the terms in relation to paid advocacy—Walsh specifically in relation to the Sarah Stierch dismissal. One term of use listed under "Engaging in False Statements, Impersonation, or Fraud" mentions "misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive". In this respect, the Foundation may be relying on Stierch's failure to openly and proactively disclose her "affiliations" (contractual relationships) with clients. However, if this interpretation of the terms of use were applied evenly throughout the movement, many editors would be in breach, and accepted practices in a number of foreign-language Wikipedias deemed invalid.
Back in the early years, I had a little statement on my userpage encouraging people to donate money to me if they liked my work and wanted me to do more on Wikipedia. —Erik Möller, deputy vice-president, WMF
The Foundation's conflict-of-interest policy does insist that a "Covered Person"—which does not include employees such as Stierch—acknowledge "not less than annually, that he or she has read and is in compliance with this policy on a pledge of personal commitment."
Wikipediocracy, the persistent blog and forum dedicated to discussing and criticizing the Wikimedia movement, kindled press coverage by tipping off the Daily Dot's Tim Sampson. The resulting article outlined the controversy and explored the site's previous coverage of the English Wikipedia's experience with paid advocacy. Another early runner was the major German-language news portal Heise.de, with a particular focus on IT. Ars Technica, The Independent, Netzpolitik, and Il Messaggero followed. Although Stierch is saying nothing publicly about the incident, Walsh told the Signpost that "it's her decision if she should wish to speak about the matter."
Many commentators confuse paid editing with paid advocacy, despite Sue Gardner's attempt to distinguish the two. Paid editing is commonly accepted on Wikimedia projects, most prominently in the form of collaborations with public institutions such as galleries, libraries, archives, and museums. One such editor is Dominic McDevitt-Parks, the recently hired digital content specialist at the US National Archives and Records Administration (NARA). NARA has contributed a set of guidelines for its staff when editing Wikipedia during the course of their job, created after the unrelated Gibraltar scandal in Europe.
McDevitt-Parks has uploaded to the English Wikipedia his full job description and a personal FAQ page, where he takes on the notion that he could be considered to have a conflict of interest when editing the site: "As a cultural institution with an educational mission, we believe that there are certain activities we can undertake where NARA and Wikimedia have a shared interest, rather than a conflict of interest. ... The two organizations have a conflict of interest when it comes to, for example, the National Archives and Records Administration article itself, but we do not have an interest in editing those types of articles."
Some of the other Wikipedias take a starkly different approach by allowing corporate-named accounts and direct editing by the paid employees of firms. Dirk Franke is a long-standing member of the German editing community and has just taken up a position with the German chapter (unrelated to paid editing). The Signpost asked him what the German Wikipedia's current stance towards paid editing/advocacy is. Emphasizing that he was speaking only for himself, not his employer, he said the situation is complicated: a number of editors are very outspoken against it, but the project had two major "non-binding" polls on banning it completely, and both failed by big margins. "The majority of the community seems to grudgingly accept a policy of toleration—we can't stop it without massively violating WP:ANON, so we try to make the best out of it." In his opinion:
“ | ... the community by now has a pretty good grasp how they can recognize PR-editing and how to differentiate the behaviour of different kinds of editors. If people try to be manipulative, stealthy, or insert POV, Wikipedians react rather aggressively. But when paid editors ask and try to work with the community, normally people tolerate them or even help them. | ” |
The German Wikipedia and its local support team keep a register of official institutional editor accounts. It has a "user verification" system in place that attempts to prevent unauthorized people from operating from what would appear to be an official account for a business or individual. The process is simple, involving an email from a company domain sent to Wikimedia's OTRS system. The result is editors like Benutzer:Coca-Cola De, an account for the Coca-Cola Company. Such an account would be immediately blocked on the English Wikipedia under its username policy. Oddly, they are still free to edit—as long as they use a different username that would not be considered "promotional".
The Swedish Wikipedia also welcomes paid editors. Anders Wennersten wrote that the paid editing problem "is a privilege that only the biggest version can have"—the site is by some orders of magnitude smaller than the English Wikipedia (about 2% of the active users and fewer than 4% of the total edits; while the Swedish Wikipedia has a relatively high total article count of more than 1.6M articles, these are in large part due to the operations of an automated computer program). Wennersten said that as long as paid advocates play by the basic rules, they are key stakeholders in ensuring that the site continually improves in "value and quality", despite its small core of active editors. He related an anecdote about a publishing company that had contributed "excellent" articles on their affiliated authors. While they have to work with them to remove "fluff and promotion", they obtain valuable information for the area that was not previously covered.
So, too, does the Norwegian Wikipedia. Erlend Bjørtvedt added that a major discussion among the site's administrators concluded that a straight ban on paid editors was wholly impractical, as it would also ban editors who were working for public institutions. Edits from third parties paid to edit for a commercial entity and non-neutral editing for pay are frowned on, but the site attempts to judge editors on their actions, not affiliation. In fact, employees' editing their employers' articles "is not only tolerated, but quite common" on the site; according to Bjørtvedt, many of the administrators and bureaucrats who joined a debate at Oslo's Wikipedia Academy last month had participated in paid editing:
“ | During the discussion, it appeared that a large proportion of the admins and bureaucrats who joined the discussion, had edited the articles about their employers. Most were aware of the COI potential involved, but asserted being able to write objectively even about an employer. | ” |
In contrast, the English Wikipedia has had a tortuous relationship with paid advocacy and the related "conflict of interest" (COI) guideline. Some of the most prominent paid editors have been banned, such as Gregory Kohs, but three proposals that would have abolished or severely limited paid advocacy were voted down. An entire section on the COI guideline is devoted to financial issues, yet some advocates have found that they can thrive—if they are careful. Jimmy Wales has championed a "bright line" rule where advocates would not be able to edit articles directly, but few support it. McDevitt-Parks is free to edit in his role, but those suspected of advocacy are vigorously criticized.
There appear to be at least four questions hanging in the air over the dismissal of Sarah Stierch. First, how is the Foundation interpreting its terms of use in relation not just to paid advocacy, but to paid editing where the contractual relationship is undisclosed but the product adheres to the requirements for balance? Second, is the WMF basing its decision to dismiss solely on an interpretation of the English Wikipedia's discourse on paid editing and advocacy, without regard to the policies and practices of non-English-language WMF sites? Third, is the Foundation clearly setting out where paid editing ends and paid advocacy editing starts? And fourth, is the Foundation making it sufficiently clear to its employees and contractors that they should not engage in any form of paid editing?
At the very start of the new year, 2014's WikiCup competition began. As you read this, it's likely that the competition has only just started, and rules limiting points to content developed in 2014 mean that it can take a few weeks for most people to really start scoring – but this is part of the excitement, as competitors and followers wait to see who scores the first of each type of content, from the bread-and-butter of the competition, like did you knows and good articles, into some of the more obscure corners of Wikipedia, like featured portal candidates.
The WikiCup is an annual competition which has been held on Wikipedia in various forms since 2007. Points are awarded to users based on their production of high-quality, audited content: did you know articles, in the news articles, good articles, featured articles, featured lists, featured pictures, featured portals, good topics, featured topics and good article reviews. In addition, "bonus points" are awarded to certain kinds of content; mainly for articles on topics which appear on numerous Wikipedias, which we use as a rough (but generally fairly reliable) gauge of the article's importance.
In 2007 and 2008, the project was relatively small, and effectively an editcount competition. 12 took part in 2007, and Dreamafter was crowned the winner; in 2008, 24 took part, and jj137 was victorious. In 2009, the focus was shifted to points for audited content, though points per manual edits (to articles or portals) remained. Durova won the competition, based on her large number of featured picture credits. 64 took part, starting in 8 pools of 8. In 2010, points per edit were removed, and the first round opened with one very large pool so that all of the 155 users who signed up could take part. 2010 saw Sturmvogel_66 win out against around 150 others, based on the production of high quality articles on the subject of naval warfare.
After a frantic competition in 2011, 2012 was relatively subdued. Points for good article reviews were introduced, and Hurricanehink, who, as his name suggests, works on meteorological articles, won the competition. Things changed in 2012 with the introduction of bonus points for more important articles; topics which are covered on a large number of Wikipedias could earn double or more points, reflecting their likely higher significance and corresponding difficulty. Cwmhiraeth won the competition, taking full advantage of the bonus points on offer for producing high-quality content on high-importance topics. Details about last year's WikiCup can be seen below.
You may have noticed the flags. Since the first competition, one of the WikiCup's quirks has been that competitors choose a flag to fly. This may be the flag of the competitor's home country, state, county or town, or may be a nation with which they have some affiliation; it may be the flag of a place which fascinates them or just a flag they like. In previous years, everyone had to fly a different flag; now, though, certain flags (such as the flag of India or of the United Kingdom) are flown by many. A second quirk is that the competition is run by judges, who do not participate themselves. The judges might more reasonably be called "coordinators", as little actual judging is required; the rules are set prior to the competition's beginning. The current judging team consists of J Milburn, who has been a judge since the latter half of 2009, The ed17, who has likewise been on the judging team since 2009, and Miyagawa, who is new to the role.
For the first time, we had someone win the competition twice; Cwmhiraeth emerged victorious after a large number of articles in the natural sciences, including some enormous scores for articles of high importance. Hawkeye7, a newcomer to the WikiCup, finished in second place, while Sasata, who has reached the final round several times, finished third. Sturmvogel_66, a former winner, finished in fourth. As is traditional, a number of additional prizes were awarded:
For 2014 there have been a few small changes to the rules; for example, we've upped the number of points on offer for old articles brought to did you know and the points for featured portals. In addition, Miyagawa has joined the judging team. However, these are relatively small changes, and the format remains mostly unchanged. More than 100 users have signed up to the competition, and signups will remain open until the end of January; all users, newcomers and veterans, are invited to join the competition.
At the end of February, the 64 highest scorers will move into the second round, where they will be split into eight pools of eight. The two highest scorers in each pool, along with the next 16 highest scorers overall, will make it to round three. 32 will become 16, and 16 will become eight. The winner will be declared at the end of October.
Reader comments
This week, we spent some time with WikiProject Television. The project began in September 2003 and grew to include nearly 78,000 pages, including 290 pieces of Featured material and almost 1,900 Good Articles. We interviewed Gen. Quon and TonyTheTiger.
Next week, we'll look for solutions to social problems. Until then, find your way through the archive.
Reader comments
Twelve featured articles were promoted over the last two weeks.
Three featured lists were promoted over the last two weeks.
Seven featured pictures were promoted over the past two weeks.
One featured portal was promoted over the last two weeks.
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