[Foundation-l] Fwd: Copyright problems of images from India

Thomas Morton morton.thomas at googlemail.com
Tue May 10 13:49:13 UTC 2011

Citzenship and where the photo was taken is important *IF* the work is
unpublished. In this case the applicable copyright depends on these things.

On the other hand, wherever it was taken and no matter who took it, if the
image has been published in a jurisdiction then it is subject to copyright
from the publication date in that jurisdiction. :)

So the reason sourcing is needed for these things is to establish:

a) If the photo has been published; where and when it was
b) If it hasn't been published; the source of the image (i.e. who and where)

It's an aggravating problem. As a short term solution Wikipedia has slightly
less strict policies and often accepts "good faith" submissions of this sort
(where the image is almost certainly PD, but it cannot be proven). At the
very least there is a valid non-free content rationale for the first
photograph you link to.

In a number of years things may change, and ultimately the photo will
definitely be out of copyright wherever and whenever published though the
simple passing of time :)

Tom / ErrantX

On 10 May 2011 14:42, FT2 <ft2.wiki at gmail.com> wrote:

> Why would the creator's citizenship, or the place of its creation, be
> decisive?  The works of an Indian citizen are granted copyright under US
> law
> in the United States, on a parity with the works of a US or any other
> citizen, even if copyright has expired or still continues in India -- and
> it
> is US law that governs Wikimedia.
> FT2
> On Tue, May 10, 2011 at 12:07 PM, <wiki-list at phizz.demon.co.uk> wrote:
> > Welcome to the problem of Orphan Works. what you have to show is that
> > either of the following is true?
> >
> > (i) the author of which is a citizen of India; or
> > (ii) which is first published in India; or
> > (iii) the author of which, in the case of an unpublished work, is, at the
> > time of the making of the work, a citizen of India;
> >
> >
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