Hi,
Govt of Tamil Nadu regularly pays TamilĀ Scholars
and writers or their legal heirs some lump sum amount and then declares
that all their works are "nationalized". Then, everyone is free to
publish and sell their works.
This is actually putting those works in public domain before they automatically enter public domain by Indian Copyright laws.
The
problem is even after this process, the books continue to carry the
usual copyright declaration or at least they do not explicitly state
that the book is released in public domain.
So, when
it comes to uploading these to Wikimedia Commons we do not have a proper
document that says these works are under public domain.
So, how do we handle this situation and give a proper legal interpretation for this "nationalized' status?
It
is very difficult to get anything in written from Government regarding
this. Even if they give something, the right to declare public domain
status remains with the authors. Since many of the authors have passed
away and many are not reachable, it is near impossible to contact each
author.
If only we can get a legal confirmation, we can proceed to upload them in WikiSource or Wikimedia Commons.
Once
we clarify about the situation in India, I can write to the legal
counsel of WMF or CC to have a global understanding of this issue.
Another
interesting perspective is that this nationalization process has been
ongoing for decades even before concepts like Creative Commons evolved.
It is only proper that the licenses provide space for interpreting these
traditions instead of asking the age old traditions to comply under new
licenses.
Thanks,
Ravi