Without clear license information content can not be uploaded on Commons.

• We feel these might be in PD
• It was actually a typo there

Etc. would not work.

The Google Group message is unclear. It is like that #MARD logo license "it is FREE, please use it"

But it needs a clear license information with information on "derivative" and "commercial reuse" etc. information.

On 27 March 2015 at 21:05, Ravishankar Ayyakkannu <ravidreams@wikimedia.in> wrote:

Hi,

Govt of Tamil Nadu regularly pays Tamil  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.

For example, a press release from Government can be seen here - https://groups.google.com/forum/#!topic/mintamil/B82Si_2oHDk

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.

Scanned copies of 2218 nationalized books are made available here -

http://www.tamilvu.org/library/nationalized/html/index.htm

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

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