|Þessi síða lýsir samþykkt sem gildir á íslensku Wikipediu og allir notendur ættu að virða eins og kostur er. Ekki breyta henni í ósátt við aðra notendur.|
Höfundaréttur er skilgreindur í höfundalögum sem eignarréttur höfundar á verki og einkaréttur til afritunar og útgáfu þess. Höfundaréttur á við nær alla útgáfu verka sjálfkrafa samkvæmt Bernarsáttmálanum. Á Wikipediu er þessi réttur til staðar en með takmörkunum þar sem höfundar texta á Wikipediu samþykkja með framlögum sínum að þau falli undir frjálsa afnotaleyfið Creative Commons Tilvísun-DeilaEins 3.0 sem merkir að höfundurinn fellst á það að gefa eftir hluta af réttindum sínum hvað varðar gerð afrita og breytingar á hugverki hans og samþykkir að (1) allir mega afrita textann, (2) allir mega breyta textanum og (3) allir mega dreifa textanum. Höfundar hafa því ekki einkarétt til afritunar eða útgáfu. Allir mega breyta þeim texta sem er á Wikipediu og dreifa að vild svo lengi sem höfundar er getið og afleidd verk eru háð sama afnotaleyfi og Wikipedia. Nægjanleg vísun til höfunda í skilningi CC-leyfisins þegar efni er afritað af Wikipediu er tengill á þá grein sem hefur verið afrituð.
Höfundaréttur varir í takmarkaðan tíma. Texti og annað efni sem ekki lengur er háð höfundarétti er nothæft á Wikipediu - sjá nánar Wikipedia:Almenningur.
Hér að neðan fylgir stutt samantekt af helstu atriðum Creative Commons afnotaleyfisins og leyfistextinn í heild á ensku, sem er eina gilda útgáfa leyfisins.
|Leyfistextinn í heild sinni|
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Sumt myndefni sem notað er á Wikipediu er ekki laust undan höfundarétti. Allt efni á Wikimedia Commons er það þó. Annað myndefni sem geymt er á Wikipediu má vera verndað hefðbundnum höfundalögum án þess að CC BY-SA 3.0 eða GFDL sé samþykkt. Þetta er álitið löglegt þar sem að í íslenskum höfundalögum segir í 10. gr. a:
Einkaréttur höfundar skv. 3. gr. (þ.e. að höfundur hefur einkarétt til afritunar og breytingar á verki), sbr. 2. gr., gildir ekki um gerð eintaka sem (...) hafa enga sjálfstæða fjárhagslega þýðingu.“
Í 14. gr. laga segir einnig:
Heimil er tilvitnun í birt bókmenntaverk, þar á meðal leiksviðsverk, svo og birt kvikmyndaverk og tónverk, ef hún er gerð í sambandi við gagnrýni, vísindi, almenna kynningu eða í öðrum viðurkenndum tilgangi, enda sé hún gerð innan hæfilegra marka og rétt með efni farið. Með sömu skilyrðum er heimilt að birta myndir og teikningar af birtum listaverkum og gögnum, sem getið er í 3. mgr. 1. gr., enda sé ekki um fjárhagslegan tilgang að ræða“
Breiðletrun texta í tilvitnunum og texti innan sviga er viðbót höfunda Wikipediu.
Þar sem sjálf Wikipedia hagnast ekki fjárhagslega á notkun þessara mynda og þær eru notaðar í almenna kynningu efnis og til fræðslu þá er almennt í lagi að nota þær. Þess þarf þó að gæta að rétt sé farið með myndefnið, hefðbundin höfundalög gilda og því má ekki gera breytingar á myndunum og það þarf að tryggja að heiti höfundar komi fram (hvort sem er dulnefni, listamannsnafn eða eiginnafn). Æskilegt er að sem mest af upplýsingum komi fram, svo sem hvaðan myndin er fengin o.s.frv.
Þeir sem hyggjast nota efni Wikipediu í einhverri mynd með það í huga að hagnast eru sjálfir ábyrgir fyrir því að gæta að höfundalög séu virt. Þeim ber annaðhvort að semja við rétthafa um notkun myndarinnar eða fjarlægja hana áður en efnið er notað.