[Commons-l] PD in Canada, but not the US (Padraic)

J JIH jus168jih at gmail.com
Tue May 27 00:57:38 UTC 2008

> Date: Sun, 25 May 2008 14:25:44 -0400
> From: Padraic <user.padraic at gmail.com>
> Subject: [Commons-l] PD in Canada, but not the US
> To: "Wikimedia Commons Discussion List"
>        <commons-l at lists.wikimedia.org>,        foundation-l at lists.wikimedia.org
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>        <b4fde62a0805251125k39f58086id21947145c98b0f1 at mail.gmail.com>
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> Based on our amateur legal analysis at [[Commons:Deletion requests/Library
> and Archives Canada non-PD images]], there is a potentially large class of
> images which are PD in Canada, but not the US: those works whose copyright
> was initially held by corporations (or the Crown), which expire 50 years
> after publication, but only after 95 years in the US due to the URAA.
> In the past, there had been an idea that the Canadian chapter, once it was
> formed, could host a collection of such materials for the intervening 45
> years, to provide these PD materials to Canadian re-users, and to allow for
> efficient transferring to Wikimedia Commons once the PD date comes. When I
> floated this idea on the WMC list, someone suggested that the Foundation
> would be actually be interested in doing this itself.
> Thus, I have a few questions:
> 1. Will the Foundation ever be interested in hosting works which are non-PD
> in the US, but are PD elsewhere?
> 2. Have any national chapters thought of doing this for their own country's
> PD works?
> 3. If Wikimedia Canada can't make this a priority right now (we are pretty
> busy with incorporation, etc), would anyone out there (presumably Commons
> users) be interested in contributing to a non-WMF, completely unofficial
> wiki of Canadian PD works? Or should I just stick to working by myself and
> hosting any of these I find on my Flickr account?
> 4. Alternately, would anyone object to my starting of such a private wiki on
> the grounds that it would be better to wait for this to become an official
> WMC or WMF project?
> Thanks for any input.
> Padraic
> --
> http://en.wikipedia.org/wiki/User:Padraic
> http://wikitravel.org/en/User:Padraic
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My answers to your questions are as follows:
1. In response to media PD outside but not in the USA, I have tried
asking the Foundation at
without any reply. They do not say yes or no to my question. They do
not say yes or no as to whether to open a non-USA server. so I am
boycotting donation to the WMF as a protest.
2. I am unsure where to get the answers of the national chapters.
3. A Canadian site http://www.wikilivres.info/ has been opened to
accept works that are PD in Canada but not in the USA to adapt to the
American non-acceptance of the rule of the shorter term. Even though
suggests that media tagged
http://commons.wikimedia.org/wiki/Template:Not-PD-US-URAA can
generally be hosted in Canada, Wikilivres does not have a very big
server, so we should not transfer Not-PD-US-URAA images to Wikilivres
in bulk now. I would also like to suggest Commons admins not to delete
Not-PD-US-URAA images in bulk now, pending where exactly they should
be transferred to.
4. I do not object your starting of such a private wiki on the grounds
that it would be better to wait for this to become an official WMC or
WMF project. However, as Wikimedia Commons allows trans-clusion of
media, I prefer to eventually see an official WMC or WMF project
hosted outside the USA to bypass the American non-acceptance of the
rule of the shorter term that I do damn it as a major obstacle.


Jusjih with adminship on Commons and 10 other WMF Wikis

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