[Wikimediaindia-l] Administrative maps of India and states.

[Vickram Crishna]

On Wed, Jun 8, 2011 at 1:13 AM, Gautam John <gautam at prathambooks.org> wrote:

> On 8 June 2011 01:03, Vickram Crishna <vvcrishna at 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 If they do not publish the information as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 <http://communicall.wordpress.com>
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