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 herehttps://upload.wikimedia.org/wikipedia/commons/9/9b/Copyrightterm.pdf, 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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
Hi Balasankar, 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. Regards,
On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath < c.balasankar@gmail.com> wrote:
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 herehttps://upload.wikimedia.org/wikipedia/commons/9/9b/Copyrightterm.pdf, 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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
Hi Srikanth, I didnt quite understand what you meant by example. 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 ). He 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). But they
1. were not published before 1923 2. 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)
Hence they are not in public domain according to US Laws. So we cannot store them in US servers.
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 C
2013/5/10 Srikanth Ramakrishnan srik.ramk@wikimedia.in
Hi Balasankar, 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. Regards,
On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath < c.balasankar@gmail.com> wrote:
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 herehttps://upload.wikimedia.org/wikipedia/commons/9/9b/Copyrightterm.pdf, 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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
-- Srikanth Ramakrishnan Treasurer, Wikimedia Chapter [India]
Donate to the Wikimedia India Chapter todayhttp://wiki.wikimedia.in/Donations
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Hi, as far as my understanding goes, in nearly all cases, publication happens much before death of the author [unless published posthumously]. So, if the Author of the work died more than 60 years ago, the work will be in the Public Domain as per Indian laws. As I said, unless the work has been published after the authors death, it should ideally be in the Public Domain even as per US laws.
Am I understanding it correctly?
On Fri, May 10, 2013 at 10:20 PM, Balasankar Chelamattath < c.balasankar@gmail.com> wrote:
Hi Srikanth, I didnt quite understand what you meant by example. 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 ). He 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). But they
- 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)
Hence they are not in public domain according to US Laws. So we cannot store them in US servers.
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 C
2013/5/10 Srikanth Ramakrishnan srik.ramk@wikimedia.in
Hi Balasankar, 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. Regards,
On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath < c.balasankar@gmail.com> wrote:
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 herehttps://upload.wikimedia.org/wikipedia/commons/9/9b/Copyrightterm.pdf, 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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
-- Srikanth Ramakrishnan Treasurer, Wikimedia Chapter [India]
Donate to the Wikimedia India Chapter todayhttp://wiki.wikimedia.in/Donations
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
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From a couple of years ago:
http://lists.wikimedia.org/pipermail/wikimediaindia-l/2011-August/004080.htm...
Thank you.
Best,
Gautam ________ http://www.akshara.org.in/
@Srikant, Sorry but I think not. US laws says differently. They are considering date of publishing. When the author died is not their concern. That is a major difference b/w Indian and US laws. Even if something is in free domain according to Indian laws, they have to satisfy some criteria to be in free domain in US, where they are stored. These criteria are mentioned in the pdf I shared by link.
Regards, Balasankar C
2013/5/12 Srikanth Ramakrishnan srik.ramk@wikimedia.in
Hi, as far as my understanding goes, in nearly all cases, publication happens much before death of the author [unless published posthumously]. So, if the Author of the work died more than 60 years ago, the work will be in the Public Domain as per Indian laws. As I said, unless the work has been published after the authors death, it should ideally be in the Public Domain even as per US laws.
Am I understanding it correctly?
On Fri, May 10, 2013 at 10:20 PM, Balasankar Chelamattath < c.balasankar@gmail.com> wrote:
Hi Srikanth, I didnt quite understand what you meant by example. 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 ). He 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). But they
- 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)
Hence they are not in public domain according to US Laws. So we cannot store them in US servers.
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 C
2013/5/10 Srikanth Ramakrishnan srik.ramk@wikimedia.in
Hi Balasankar, 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. Regards,
On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath < c.balasankar@gmail.com> wrote:
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 herehttps://upload.wikimedia.org/wikipedia/commons/9/9b/Copyrightterm.pdf, 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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
-- Srikanth Ramakrishnan Treasurer, Wikimedia Chapter [India]
Donate to the Wikimedia India Chapter todayhttp://wiki.wikimedia.in/Donations
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
-- Srikanth Ramakrishnan Treasurer, Wikimedia Chapter [India]
Donate to the Wikimedia India Chapter todayhttp://wiki.wikimedia.in/Donations
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
Hi Balasankar,
The question you raise is a very important one. The solution, however, is not likely to be to host content in India (I don't speak for the Wikimedia Foundation, but there are sound legal reasons why all Wikimedia content is hosted in the US; mostly liability risk and freedom of expression and this is unlikely to change).
The default across Commons and Wikisource, the two projects that host the bulk of public domain content (images, videos, sounds, books) in Wikimedia, is the US copyright term - it's the only yardstick that matters for what qualifies as public domain by virtue of being out of copyright. You are absolutely right, however, in that there's a big difference btw US copyright terms and those of other countries, for instance:
For photographs, while the binding limit (Berne/TRIPs) is 25 years from the making of the work, India is life of photographer + 60 years after death, and in the US it is life + 70.
For literary works, the binding limit (Berne/ TRIPs) is life + 50 years, whereas in India it is life + 60, whereas in the US it is life + 70 or 120/95 if made on work for hire.
(The binding limit is the WTO mandated term that country members - US and India and 150 others - have to follow. As you can see, typically, most countries exceed the limit for reasons of their own, which they are allowed to do, with the US exceeding in far greater amount than India.)
In short, there can be a difference of between 10 and 40 years between the time a work goes into the public domain in a country with shorter terms than the US (any number of countries in the non-Anglo-European world) and the US. This seriously affects even 'Indian' works (where India is the first country of publication) because of the copyright protection granted to such works in the US, thus effectively placing them under copyright for our purposes within Wikimedia long after they've gone in to the public domain in their source country.
The case to consider here is Golan: http://en.wikipedia.org/wiki/Golan_v._Holder
A summary of the US Supreme Court decision in this case is - US law trumps international agreements, so the US copyright term holds within US territory, and restores copyright protection to any works that have gone into the public domain by virtue of a shorter copyright term in another country. Because Wikimedia servers are based in the US, Golan applies to us.
But your question is an extremely pertinent one, and if we were to find unusual solutions to it, they would seem to lie in:
1) Whether hosting on US servers for a global audience makes any difference, since we do not serve readers only bound by US law (Wikimedia reader numbers bear this out, ie US readership = minority percentage of whole) and whether we specifically have anything special on the basis of which to mount some kind of strategic litigation on the issue of allowing us to exploit the shortest possible route to public domain anywhere in the world for all or some of our readers.
2) Whether hosting on US servers but using publicly audited geolocation to switch off for readers from IP addresses where the material in question is still under copyright is a legally and operationally feasible workaround (connected to whether Wikimedia Tech thinks this is both doable and worth our while to do)
3) Whether, if all fails and there is no getting around this in any way, Commons and Wikisource (if there is sufficient interest in those communities) should be interested in looking at a way of allowing external links to chapter-managed local sites from the US-served base to see the material in question; and if this is something, say, the India chapter wants and is willing to do, whether this route poses any legal risks.
In any case, I passed around your question to a few friends for comments and suggestions - as well as to Geoff Brigham at the Wikimedia Foundation, who is not too hopeful for a solution but is very receptive to looking into it and getting back to us - and I'll tell you when I know something.
Meanwhile, if you have other ways of looking into creative solutions around this problem (not at all easy to crack, but the benefits are significant) - or if anyone else on this list does - you should.
Cheers, Achal
On Friday 10 May 2013 10:20 PM, Balasankar Chelamattath wrote:
Hi Srikanth, I didnt quite understand what you meant by example. 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 ). He 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). But they
- 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)
Hence they are not in public domain according to US Laws. So we cannot store them in US servers.
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 C
2013/5/10 Srikanth Ramakrishnan <srik.ramk@wikimedia.in mailto:srik.ramk@wikimedia.in>
Hi Balasankar, 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. Regards, On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath <c.balasankar@gmail.com <mailto:c.balasankar@gmail.com>> wrote: 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 <https://upload.wikimedia.org/wikipedia/commons/9/9b/Copyrightterm.pdf> , 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. 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. 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. Please consider this issue with maximum priority as it involves legal procedures and related headaches. Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C _______________________________________________ Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org <mailto:Wikimediaindia-l@lists.wikimedia.org> To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l -- Srikanth Ramakrishnan Treasurer, Wikimedia Chapter [India] Donate to the Wikimedia India Chapter today <http://wiki.wikimedia.in/Donations> _______________________________________________ Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org <mailto:Wikimediaindia-l@lists.wikimedia.org> To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
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There is already in Canada a server available for hosting content which cannot be hosted on Wikimedia servers. I think this solution should gather more support. http://wikilivres.ca/ (previously wikilivres.info).
Regards,
Yann
2013/5/12 Achal Prabhala aprabhala@gmail.com:
Hi Balasankar,
The question you raise is a very important one. The solution, however, is not likely to be to host content in India (I don't speak for the Wikimedia Foundation, but there are sound legal reasons why all Wikimedia content is hosted in the US; mostly liability risk and freedom of expression and this is unlikely to change).
The default across Commons and Wikisource, the two projects that host the bulk of public domain content (images, videos, sounds, books) in Wikimedia, is the US copyright term - it's the only yardstick that matters for what qualifies as public domain by virtue of being out of copyright. You are absolutely right, however, in that there's a big difference btw US copyright terms and those of other countries, for instance:
For photographs, while the binding limit (Berne/TRIPs) is 25 years from the making of the work, India is life of photographer + 60 years after death, and in the US it is life + 70.
For literary works, the binding limit (Berne/ TRIPs) is life + 50 years, whereas in India it is life + 60, whereas in the US it is life + 70 or 120/95 if made on work for hire.
(The binding limit is the WTO mandated term that country members - US and India and 150 others - have to follow. As you can see, typically, most countries exceed the limit for reasons of their own, which they are allowed to do, with the US exceeding in far greater amount than India.)
In short, there can be a difference of between 10 and 40 years between the time a work goes into the public domain in a country with shorter terms than the US (any number of countries in the non-Anglo-European world) and the US. This seriously affects even 'Indian' works (where India is the first country of publication) because of the copyright protection granted to such works in the US, thus effectively placing them under copyright for our purposes within Wikimedia long after they've gone in to the public domain in their source country.
The case to consider here is Golan: http://en.wikipedia.org/wiki/Golan_v._Holder
A summary of the US Supreme Court decision in this case is - US law trumps international agreements, so the US copyright term holds within US territory, and restores copyright protection to any works that have gone into the public domain by virtue of a shorter copyright term in another country. Because Wikimedia servers are based in the US, Golan applies to us.
But your question is an extremely pertinent one, and if we were to find unusual solutions to it, they would seem to lie in:
- Whether hosting on US servers for a global audience makes any difference,
since we do not serve readers only bound by US law (Wikimedia reader numbers bear this out, ie US readership = minority percentage of whole) and whether we specifically have anything special on the basis of which to mount some kind of strategic litigation on the issue of allowing us to exploit the shortest possible route to public domain anywhere in the world for all or some of our readers.
- Whether hosting on US servers but using publicly audited geolocation to
switch off for readers from IP addresses where the material in question is still under copyright is a legally and operationally feasible workaround (connected to whether Wikimedia Tech thinks this is both doable and worth our while to do)
- Whether, if all fails and there is no getting around this in any way,
Commons and Wikisource (if there is sufficient interest in those communities) should be interested in looking at a way of allowing external links to chapter-managed local sites from the US-served base to see the material in question; and if this is something, say, the India chapter wants and is willing to do, whether this route poses any legal risks.
In any case, I passed around your question to a few friends for comments and suggestions - as well as to Geoff Brigham at the Wikimedia Foundation, who is not too hopeful for a solution but is very receptive to looking into it and getting back to us - and I'll tell you when I know something.
Meanwhile, if you have other ways of looking into creative solutions around this problem (not at all easy to crack, but the benefits are significant) - or if anyone else on this list does - you should.
Cheers, Achal
On Friday 10 May 2013 10:20 PM, Balasankar Chelamattath wrote:
Hi Srikanth, I didnt quite understand what you meant by example. 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 ). He 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). But they
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)
Hence they are not in public domain according to US Laws. So we cannot store them in US servers.
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 C
2013/5/10 Srikanth Ramakrishnan srik.ramk@wikimedia.in
Hi Balasankar, 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. Regards,
On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath c.balasankar@gmail.com wrote:
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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
-- Srikanth Ramakrishnan Treasurer, Wikimedia Chapter [India]
Donate to the Wikimedia India Chapter today
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
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I like Wikilivres, was just wondering - has anyone tried to create a placeholder for an image/ text on commons or Wikisource with an external link to the file on Wikilivres (when said image or file is public domain outside the US but not within) - I guess the question is how to connect public domain work that cannot be hosted on US servers to Wikimedia, which is.
On Sunday 12 May 2013 03:01 PM, Yann Forget wrote:
There is already in Canada a server available for hosting content which cannot be hosted on Wikimedia servers. I think this solution should gather more support. http://wikilivres.ca/ (previously wikilivres.info).
Regards,
Yann
2013/5/12 Achal Prabhala aprabhala@gmail.com:
Hi Balasankar,
The question you raise is a very important one. The solution, however, is not likely to be to host content in India (I don't speak for the Wikimedia Foundation, but there are sound legal reasons why all Wikimedia content is hosted in the US; mostly liability risk and freedom of expression and this is unlikely to change).
The default across Commons and Wikisource, the two projects that host the bulk of public domain content (images, videos, sounds, books) in Wikimedia, is the US copyright term - it's the only yardstick that matters for what qualifies as public domain by virtue of being out of copyright. You are absolutely right, however, in that there's a big difference btw US copyright terms and those of other countries, for instance:
For photographs, while the binding limit (Berne/TRIPs) is 25 years from the making of the work, India is life of photographer + 60 years after death, and in the US it is life + 70.
For literary works, the binding limit (Berne/ TRIPs) is life + 50 years, whereas in India it is life + 60, whereas in the US it is life + 70 or 120/95 if made on work for hire.
(The binding limit is the WTO mandated term that country members - US and India and 150 others - have to follow. As you can see, typically, most countries exceed the limit for reasons of their own, which they are allowed to do, with the US exceeding in far greater amount than India.)
In short, there can be a difference of between 10 and 40 years between the time a work goes into the public domain in a country with shorter terms than the US (any number of countries in the non-Anglo-European world) and the US. This seriously affects even 'Indian' works (where India is the first country of publication) because of the copyright protection granted to such works in the US, thus effectively placing them under copyright for our purposes within Wikimedia long after they've gone in to the public domain in their source country.
The case to consider here is Golan: http://en.wikipedia.org/wiki/Golan_v._Holder
A summary of the US Supreme Court decision in this case is - US law trumps international agreements, so the US copyright term holds within US territory, and restores copyright protection to any works that have gone into the public domain by virtue of a shorter copyright term in another country. Because Wikimedia servers are based in the US, Golan applies to us.
But your question is an extremely pertinent one, and if we were to find unusual solutions to it, they would seem to lie in:
- Whether hosting on US servers for a global audience makes any difference,
since we do not serve readers only bound by US law (Wikimedia reader numbers bear this out, ie US readership = minority percentage of whole) and whether we specifically have anything special on the basis of which to mount some kind of strategic litigation on the issue of allowing us to exploit the shortest possible route to public domain anywhere in the world for all or some of our readers.
- Whether hosting on US servers but using publicly audited geolocation to
switch off for readers from IP addresses where the material in question is still under copyright is a legally and operationally feasible workaround (connected to whether Wikimedia Tech thinks this is both doable and worth our while to do)
- Whether, if all fails and there is no getting around this in any way,
Commons and Wikisource (if there is sufficient interest in those communities) should be interested in looking at a way of allowing external links to chapter-managed local sites from the US-served base to see the material in question; and if this is something, say, the India chapter wants and is willing to do, whether this route poses any legal risks.
In any case, I passed around your question to a few friends for comments and suggestions - as well as to Geoff Brigham at the Wikimedia Foundation, who is not too hopeful for a solution but is very receptive to looking into it and getting back to us - and I'll tell you when I know something.
Meanwhile, if you have other ways of looking into creative solutions around this problem (not at all easy to crack, but the benefits are significant) - or if anyone else on this list does - you should.
Cheers, Achal
On Friday 10 May 2013 10:20 PM, Balasankar Chelamattath wrote:
Hi Srikanth, I didnt quite understand what you meant by example. 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 ). He 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). But they
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)
Hence they are not in public domain according to US Laws. So we cannot store them in US servers.
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 C
2013/5/10 Srikanth Ramakrishnan srik.ramk@wikimedia.in
Hi Balasankar, 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. Regards,
On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath c.balasankar@gmail.com wrote:
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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
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AFAIK, it would only be an external link.
Yann
2013/5/12 Achal Prabhala aprabhala@gmail.com:
I like Wikilivres, was just wondering - has anyone tried to create a placeholder for an image/ text on commons or Wikisource with an external link to the file on Wikilivres (when said image or file is public domain outside the US but not within) - I guess the question is how to connect public domain work that cannot be hosted on US servers to Wikimedia, which is.
On Sunday 12 May 2013 03:01 PM, Yann Forget wrote:
There is already in Canada a server available for hosting content which cannot be hosted on Wikimedia servers. I think this solution should gather more support. http://wikilivres.ca/ (previously wikilivres.info).
Regards,
Yann
2013/5/12 Achal Prabhala aprabhala@gmail.com:
Hi Balasankar,
The question you raise is a very important one. The solution, however, is not likely to be to host content in India (I don't speak for the Wikimedia Foundation, but there are sound legal reasons why all Wikimedia content is hosted in the US; mostly liability risk and freedom of expression and this is unlikely to change).
The default across Commons and Wikisource, the two projects that host the bulk of public domain content (images, videos, sounds, books) in Wikimedia, is the US copyright term - it's the only yardstick that matters for what qualifies as public domain by virtue of being out of copyright. You are absolutely right, however, in that there's a big difference btw US copyright terms and those of other countries, for instance:
For photographs, while the binding limit (Berne/TRIPs) is 25 years from the making of the work, India is life of photographer + 60 years after death, and in the US it is life + 70.
For literary works, the binding limit (Berne/ TRIPs) is life + 50 years, whereas in India it is life + 60, whereas in the US it is life + 70 or 120/95 if made on work for hire.
(The binding limit is the WTO mandated term that country members - US and India and 150 others - have to follow. As you can see, typically, most countries exceed the limit for reasons of their own, which they are allowed to do, with the US exceeding in far greater amount than India.)
In short, there can be a difference of between 10 and 40 years between the time a work goes into the public domain in a country with shorter terms than the US (any number of countries in the non-Anglo-European world) and the US. This seriously affects even 'Indian' works (where India is the first country of publication) because of the copyright protection granted to such works in the US, thus effectively placing them under copyright for our purposes within Wikimedia long after they've gone in to the public domain in their source country.
The case to consider here is Golan: http://en.wikipedia.org/wiki/Golan_v._Holder
A summary of the US Supreme Court decision in this case is - US law trumps international agreements, so the US copyright term holds within US territory, and restores copyright protection to any works that have gone into the public domain by virtue of a shorter copyright term in another country. Because Wikimedia servers are based in the US, Golan applies to us.
But your question is an extremely pertinent one, and if we were to find unusual solutions to it, they would seem to lie in:
- Whether hosting on US servers for a global audience makes any
difference, since we do not serve readers only bound by US law (Wikimedia reader numbers bear this out, ie US readership = minority percentage of whole) and whether we specifically have anything special on the basis of which to mount some kind of strategic litigation on the issue of allowing us to exploit the shortest possible route to public domain anywhere in the world for all or some of our readers.
- Whether hosting on US servers but using publicly audited geolocation
to switch off for readers from IP addresses where the material in question is still under copyright is a legally and operationally feasible workaround (connected to whether Wikimedia Tech thinks this is both doable and worth our while to do)
- Whether, if all fails and there is no getting around this in any way,
Commons and Wikisource (if there is sufficient interest in those communities) should be interested in looking at a way of allowing external links to chapter-managed local sites from the US-served base to see the material in question; and if this is something, say, the India chapter wants and is willing to do, whether this route poses any legal risks.
In any case, I passed around your question to a few friends for comments and suggestions - as well as to Geoff Brigham at the Wikimedia Foundation, who is not too hopeful for a solution but is very receptive to looking into it and getting back to us - and I'll tell you when I know something.
Meanwhile, if you have other ways of looking into creative solutions around this problem (not at all easy to crack, but the benefits are significant)
or if anyone else on this list does - you should.
Cheers, Achal
On Friday 10 May 2013 10:20 PM, Balasankar Chelamattath wrote:
Hi Srikanth, I didnt quite understand what you meant by example. 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 ). He 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). But they
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)
Hence they are not in public domain according to US Laws. So we cannot store them in US servers.
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 C
2013/5/10 Srikanth Ramakrishnan srik.ramk@wikimedia.in
Hi Balasankar, 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. Regards,
On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath c.balasankar@gmail.com wrote:
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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
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-- Srikanth Ramakrishnan Treasurer, Wikimedia Chapter [India]
Donate to the Wikimedia India Chapter today
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Thanks Anchal. But one doubt.
For literary works, the binding limit (Berne/ TRIPs) is life + 50 years,
whereas in India it is life + 60, whereas in the US it is life + 70 or 120/95 if made on work for hire.
Doesn't US Law consider the date of publishing for copyright purposes. I think they don't mind when the author died. So isn't it publication+95 in US?
Regards, Balasankar C
Hello,
Yes, this is a huge problem for Indian content hosted on Wikimedia servers, and not only for Wikisource, but also for pictures, movies, sounds, etc. hosted on Wikimedia Commons.
There were quite a few famous images of Mahatma Gandhi deleted for this reason.
Regards,
Yann
2013/5/9 Balasankar Chelamattath c.balasankar@gmail.com:
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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
Wikimediaindia-l mailing list Wikimediaindia-l@lists.wikimedia.org To unsubscribe from the list / change mailing preferences visit https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
Hi Yann,
Following on this, do you have some specific examples of Gandhi work (images, text or whatever) that is in the public domain in India but had a problem being put on to Commons or Wikisource because of copyright issues in the US? I suspect that a list of specific cases would be quite useful in thinking this through.
Cheers, Achal
On Sunday 12 May 2013 02:42 PM, Yann Forget wrote:
Hello,
Yes, this is a huge problem for Indian content hosted on Wikimedia servers, and not only for Wikisource, but also for pictures, movies, sounds, etc. hosted on Wikimedia Commons.
There were quite a few famous images of Mahatma Gandhi deleted for this reason.
Regards,
Yann
2013/5/9 Balasankar Chelamattath c.balasankar@gmail.com:
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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
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Hi Achal,
Please see http://commons.wikimedia.org/wiki/Category:Indian_law_deletion_requests
The following are old photos from India deleted because of USA law: http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Mountbatten... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Times_of_In... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/Images_of_Life_m... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Sardar_pate... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Nargis_in_A... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_and_... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_and_... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Bapu_and_Ba... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_look... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abdul_Wahid... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V._A._Sunda... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V._A._Sunda... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V_A_Sundara... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/Post-1922_painti... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Lata_Manges... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Bhurji_Bade... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aurat_1940.... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Alladiya_Kh...
Regards,
Yann
2013/5/13 Achal Prabhala aprabhala@gmail.com:
Hi Yann,
Following on this, do you have some specific examples of Gandhi work (images, text or whatever) that is in the public domain in India but had a problem being put on to Commons or Wikisource because of copyright issues in the US? I suspect that a list of specific cases would be quite useful in thinking this through.
Cheers, Achal
On Sunday 12 May 2013 02:42 PM, Yann Forget wrote:
Hello,
Yes, this is a huge problem for Indian content hosted on Wikimedia servers, and not only for Wikisource, but also for pictures, movies, sounds, etc. hosted on Wikimedia Commons.
There were quite a few famous images of Mahatma Gandhi deleted for this reason.
Regards,
Yann
2013/5/9 Balasankar Chelamattath c.balasankar@gmail.com:
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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
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Thanks Yann, this is extremely interesting.
Balasankar, is there an easy to access list of actual or proposed deletions from Wikisource on similar grounds? (There's an interesting question on Gandhi here: http://en.wikisource.org/wiki/Wikisource:Possible_copyright_violations#copyr... - but no actions that I can easily see).
On Monday 13 May 2013 04:23 PM, Yann Forget wrote:
Hi Achal,
Please see http://commons.wikimedia.org/wiki/Category:Indian_law_deletion_requests
The following are old photos from India deleted because of USA law: http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Mountbatten... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Times_of_In... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/Images_of_Life_m... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Sardar_pate... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Nargis_in_A... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_and_... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_and_... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Bapu_and_Ba... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_look... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abdul_Wahid... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V._A._Sunda... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V._A._Sunda... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V_A_Sundara... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/Post-1922_painti... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Lata_Manges... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Bhurji_Bade... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aurat_1940.... http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Alladiya_Kh...
Regards,
Yann
2013/5/13 Achal Prabhala aprabhala@gmail.com:
Hi Yann,
Following on this, do you have some specific examples of Gandhi work (images, text or whatever) that is in the public domain in India but had a problem being put on to Commons or Wikisource because of copyright issues in the US? I suspect that a list of specific cases would be quite useful in thinking this through.
Cheers, Achal
On Sunday 12 May 2013 02:42 PM, Yann Forget wrote:
Hello,
Yes, this is a huge problem for Indian content hosted on Wikimedia servers, and not only for Wikisource, but also for pictures, movies, sounds, etc. hosted on Wikimedia Commons.
There were quite a few famous images of Mahatma Gandhi deleted for this reason.
Regards,
Yann
2013/5/9 Balasankar Chelamattath c.balasankar@gmail.com:
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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
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Hello,
The autobiography and some other works were deleted from the English Wikisource and moved to Wikilivres because of URAA. http://en.wikisource.org/wiki/Author:Mohandas_K._Gandhi
Also several volumes from "The Collected Works of Mahatma Gandhi" were deleted from Commons: http://commons.wikimedia.org/wiki/Category:The_Collected_Works_of_Mahatma_Ga...
Yann
2013/5/13 Achal Prabhala aprabhala@gmail.com:
Thanks Yann, this is extremely interesting.
Balasankar, is there an easy to access list of actual or proposed deletions from Wikisource on similar grounds? (There's an interesting question on Gandhi here: http://en.wikisource.org/wiki/Wikisource:Possible_copyright_violations#copyr...
- but no actions that I can easily see).
On Monday 13 May 2013 04:23 PM, Yann Forget wrote:
Hi Achal,
Please see http://commons.wikimedia.org/wiki/Category:Indian_law_deletion_requests
The following are old photos from India deleted because of USA law:
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Mountbatten...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Times_of_In...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/Images_of_Life_m...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Sardar_pate...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Nargis_in_A...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_and_...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_and_...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Bapu_and_Ba...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Gandhi_look...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Abdul_Wahid...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V._A._Sunda...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V._A._Sunda...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:V_A_Sundara...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/Post-1922_painti...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Lata_Manges...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Bhurji_Bade...
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Aurat_1940....
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Alladiya_Kh...
Regards,
Yann
2013/5/13 Achal Prabhala aprabhala@gmail.com:
Hi Yann,
Following on this, do you have some specific examples of Gandhi work (images, text or whatever) that is in the public domain in India but had a problem being put on to Commons or Wikisource because of copyright issues in the US? I suspect that a list of specific cases would be quite useful in thinking this through.
Cheers, Achal
On Sunday 12 May 2013 02:42 PM, Yann Forget wrote:
Hello,
Yes, this is a huge problem for Indian content hosted on Wikimedia servers, and not only for Wikisource, but also for pictures, movies, sounds, etc. hosted on Wikimedia Commons.
There were quite a few famous images of Mahatma Gandhi deleted for this reason.
Regards,
Yann
2013/5/9 Balasankar Chelamattath c.balasankar@gmail.com:
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.
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.
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.
Please consider this issue with maximum priority as it involves legal procedures and related headaches.
Regards, Balasankar C https://ml.wikisource.org/wiki/User:Balasankarc Regards, Balasankar C
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