But theyHe passed away in 1948, and hence it is 65 years after the author's death. So the books are copyright-free in India as of now (in pubic domain).Hi Srikanth,An example for a work which is in public domain in India and not in US - Works by Changampuzha Krishnapillai ( http://en.wikipedia.org/wiki/Changampuzha_Krishna_Pillai ).
I didnt quite understand what you meant by example.
Hence they are not in public domain according to US Laws. So we cannot store them in US servers.
- were not published before 1923
- were not in the public domain in India as of 1 January 1996 ( because criteria of "60 years after author's death" not satisfied on 1996)
The main problem is India considers copyright based on date of author's death and US does it based on date of publication.Regards,
Balasankar C2013/5/10 Srikanth Ramakrishnan <srik.ramk@wikimedia.in>Hi Balasankar,Regards,
Can you point out specific instances and show when and where the book or publication was first published? If the works are still copyrighted in India, then they should be copyrighted in the US as well, generally speaking. The term India awards to creators is lesser than the one provided in the US under copyright laws.
On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath <c.balasankar@gmail.com> wrote:
_______________________________________________Please consider this issue with maximum priority as it involves legal procedures and related headaches.The only solution to this problem is to host the servers of Indian Wikimedia services in India, so that the data we upload is stored under Indian Laws. Can Wikimedia India Chapter do anything on this? We can plan and conduct a fundraiser in India to raise money for the hosting expenses.This induces a confusion and when looked in a legal perspective, most of the books in Indian Wikisources, are still not in public domain and hence must be removed. This makes a huge negative impact on the hard work done by contributors. Their contributions are wasted which may cause them to stop contributing. In short, this may be a negative impact on Wikimedia's image in the society.Hi all,As most of you know, the Indian copyright law says that a book gets relieved of copyright after 60 years from the author's death. But this is not the case with US Law. As given here , of all the works published outside US, only those published before 1923 are directly in the public domain. The ones published between 1923 and 1977 without compliance to the US formalities will be in the public domain only if they are in the public domain in their source country as of 1 January 1996. Almost all the other categories of published works will not be in the public domain until 95 years after publishing.Regards,
Balasankar C
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--Srikanth RamakrishnanTreasurer,Wikimedia Chapter [India]
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