FBI letter to Wikipedia

FBI upset about use of seal

[LifeinAsia]

FBI to Wikipedia: Remove our seal [cnn.com]

[Demaestro]

Looks like Wiki is in the legal right here but I am not sure getting into a fight with a government intelligence agency is the best idea.

[buckworks]

What gives Wiki the right to use ANY image without proper copyright clearance?

[jecasc]

What gives Wiki the right touse ANY image without proper copyright clearance?

They don't.

If you click on the images you can find the license information under each and any picture in wikipedia.

Besides US government seals are in the public domain, so the FBI has no leverage from copyright law. That's why the come around with this insignia law. This is about duplicating badges for example for posing as a police officer but has to do nothing whatsoever with encyclopedia entries.

I would guess that someone in the FBI did not like the Wikipedia article or thought that Wikipedia was somehow affiliated with Wikileaks. You know it both starts with Wiki, must be the same company or something.

[Demaestro]

What gives Wiki the right to use ANY image without proper copyright clearance?

Federal seals are not protected under any copyright law.

[grandpa]

Reference was made in Wiki's response to the FBI about the seal also being displayed in the online Encyclopedia Britannica article of the FBI. I just checked, the seal is gone. Looking at the article history the image was removed on August 3, 2010.

[jecasc]

Wow that is cunning. Look at this:

This is how the FBI cited the law they were referring to in their letter:

Whoever manufactures, sells, or possesses any ... insignia, of the design prescribed by the [Department head] ... or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such ... insignia, or any colorable imitation thereof, except as authorized under regulation made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

This is the original and I have marked what they left out in bold:

Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

They simply left anything out that made clear that the law refers to means of identifications "for use by any officer or employee" - like badges or ID cards and made it look like the law refers to any picture of any seal.

A little embarrassing for Encylopedia Britannica when they really backed of so easily. Makes people wonder what they would have done if the FBI had asked them to rewrite the whole encyclopedia entry.

[Samizdata]

Whoever... possesses any... photographs... in the likeness... thereof... shall be fined... or imprisoned

According to that, even the photograph in the CNN report is illegal - better clear your browser cache.

The complaint seems to be that Wikipedia is enabling forgery of the Bureau's means of identification.

But if nobody knows what the real thing looks like, anything at all can be used as a forgery.

Kafka would doubtless be amused.

...

[wyweb]

not sure getting into a fight with a government intelligence agency is the best idea.

LOL... no doubt.

[grandpa]

It's interesting... reading the Wiki article I see an image of a badge of an FBI Special Agent. I read the letter sent to Wiki, and no specific mention was made of the badge image, which to me would be more of a concern than the Official Seal image.

I think the badge image might actually fall under the definition of the law. Oops, I hope I didn't tip off the FBI.....

[graeme_p]

@jecasc, makes me wonder what else Britannica might have edited out because it upset someone.

@Demasetro, it is a sad day that people should be frightened out of claiming their legal rights out of fear of a LAW ENFORCEMENT agency.

[jecasc]

Wikipedia could beat the FBI with its own weapons. If you summarize the law in another way it reads:

"Whoever(...)executes(...)law shall be fined under this title or imprisoned not more than six months, or both."

That will make them back of I am sure ;)