On 8 June 2011 05:17, Vickram Crishna <
vvcrishna@radiophony.com> wrote:
>
>
> On Wed, Jun 8, 2011 at 1:13 AM, Gautam John <
gautam@prathambooks.org> wrote:
>>
>> On 8 June 2011 01:03, Vickram Crishna <
vvcrishna@radiophony.com> wrote:
>>
>> My reading is that the Census Authority is very much a part of
>> government. A question that I have been thinking about is whether
>> census data (in the raw form and not the presentation) is capable of
>> being copyrighted.
>>
>
> Aside from the supposition that the raw data is not in fact copyrightable in
> the first place, which is probably true, even if never tested, the law
> clearly provides for grant of permission for data to be represented in
> another form, such as sound or visual forms. It seems clear that the
> provisions of copyright (the sections are too tediously long and legally
> worded to reproduce here) are precisely applicable only to the form in which
> the information is presented by the author(s). Moreover, if the presentation
> of census data as published by the CA is in fact taken to be a design form
> as defined by the Design Act 1911 (but to be frank I haven't looked at what
> that creature is), then the copyright ceases as soon as 50 copies are
> circulated, which has obviously already happened if the data is online.
> I believe that mapped data represents precisely such alternate forms,
> especially if it is dynamically presented (but even if it is not). Making it
> dynamic is of course a highly useful form, one that I do not believe the
> census authority has yet conceived. The census authority cannot refuse
> permission for such presentation. If they do not publish the information as
> is planned by our colleagues, then their copyright effectively lapses in any
> case, for which proof an advertisement saying that (ie that no mapped data
> as has been proposed has been published) must be published in a popular
> newspaper (in English newspaper, for English language mapping, vernacular
> for vernacular mapping). Unfortunately, it says nothing (that I can find)
> about a public announcement on the Net, so maybe this advertisement stuff in
> newspapers is the only path.
> It seems that one must apply in the prescribed form for licensing
> permission, but also note that it is not possible to refuse permission for
> such applications, if the end use is scientific research or educational, and
> also for non-commercial purposes, provided the end use is in the form of a
> translation. However, this permission is only automatic after 3 and 7 years
> (subject to relevant conditions) from the date of first publication. Even
> here, I put it that the date of first publication is the date when the first
> Census was published, and not the current census. I think that would take it
> back to the early 20th century, and perhaps that might also mean that the
> government does not (heh, heh) in fact have the right to exclusive copyright
> of census data (even for the 'upgraded' 60 year copyright).
> The relevant clauses are:
> 1. Specificity: Sec 14
> 2. Design: Sec 15(2)
> 3. Government ownership: Sec 17(d) and (dd)
> 4. Compulsory licensing: Sec 31 (note that the RoC may assign some copyright
> fee payable to the government, but prima facie it is unlikely they will do
> so in this case)
> 5. Automatic permission for translations etc: Sec 32 (sec 5(b) specifically
> provides for 'broadcasting')
> 6. Automatic permission for technical stuff: Sec 32A
> 7. Right to broadcast: Sec 37 (worth checking!)
> 8. Automatic visual recording for teaching: Sec 39
> 9. Possible challenge to government copyright of census data: Sec 44
> (register of copyrights: quite possible that the census information has not
> been registered under the Act, and if so makes it impossible for the
> government to take action against any form of infringement - sec 50A
> provides for publication of registrations in the Gazette)
> 10. Fair use: Sec 52 a(i) etc
> --
> Vickram
> Fool On The Hill
>