I'm on a similar problem at the Portuguese Wikisource due to the [[:m:American non-acceptance of the rule of the shorter term]] (see on [1]).
I've proposed in a private e-mail to Anthere (not yet replied, I think that she is busy in others subjects) to create a set of wikis <lang>.non- us.wikisource.org hosted outside of the United States ({{derivative}} from the Debian non-us software repository [2]) to host works PD-old worldwide but copyrighted in the USA. Can a non-us Commons media repository help on preventing to delete thousands of images?
foundation-l have a discussion started today based on the same problem: [3]
[1] http://en.wikisource.org/wiki/Wikisource:Scriptorium#PD-old_non-us..._I.27m_...
[2] http://www.debian.org/mirror/list-non-US
[3] http://lists.wikimedia.org/pipermail/foundation-l/2007-April/029741.html
On 4/27/07, Petr Kadlec petr.kadlec@gmail.com wrote:
Hi!
When "investigating" the copyright status of some old images, I realized that our {{PD-old}} template is quite a bit misleading.
IIANM (note: IANAL), works published after 1923 by authors who died between 1926 and 1936 (i.e. dead more than 70 years) are _not_ public domain in US (and will not be until at least 2019 [1]), although they are PD in EU states (among others). And as the US law is quite relevant to the WMF servers, we must consider those works to be copyrighted.
The copyright status of an old work is therefore determined not only by the death date of its author, but also by its publishing date and our templates (and procedures) should acknowledge that. (See also [[commons:Commons talk:Licensing/Which copyright law applies?]])
Unfortunately, I cannot imagine we would be able to explain the difficult rules on the upload form so that anyone would understand them. The need for a wizard-style upload is evident once again…
P. S. I must say I am afraid that this fact about US copyright law is ignored (not known) on more projects which consider works by authors who died before 1936 as PD regardless of the publishing date.
-- [[cs:User:Mormegil | Petr Kadlec]]
[1] See e.g. [[en:Wikipedia:Non-US copyrights]]
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