[Wikimediaindia-l] Administrative maps of India and states.

[Ravishankar]

Hi,

Sometime before, we used the word meanings from a technical glossary
provided by Tamil Virtual University for the Tamil Wiktionary project. Our
rational is that only the presentation can be copyrighted and not the word
or meaning. If the word or meaning itself is copyrighted, then there is no
point in providing that word itself. Two years later after this initiative,
we got the glossary donated to us formally. So, the copyright issue doesn't
arise any more.

Most Governments and public institutions do mean to provide data for public
use though they are not aware of Wikipedia compatible license. We can try
contacting them and hope to get a favourable response. But, the legal and
bureaucratic hurdles need not stop us from delaying our initiatives for too
long. While I do understand the legal and philosophical significance of
proper license to publish things, sometimes we also need to be bold and use
things for larger good. Governments have many other jobs than suing us
everyday !

Ravi



On Wed, Jun 8, 2011 at 10:48 AM, Gautam John <gautam at prathambooks.org>wrote:

> Vickram, in my opinion and that of a friend, asking for a voluntary
> license (18,19,30A) along with the fact that it is a transformative
> use is probably the best bet. If not, fair dealing but that does leave
> us open to a legal challenge. Aside from this, there is the issue that
> even if we did get a license, we then do not have the ability to
> re-license it out under a CC-BY-SA license as required by Wikipedia
> and that would also run afoul of the fair dealing clause.
>
> Thank you.
>
> Best,
>
> Gautam
> ________
> http://social.prathambooks.org/
>
>
>
>
> On 8 June 2011 05:17, Vickram Crishna <vvcrishna at radiophony.com> wrote:
> >
> >
> > On Wed, Jun 8, 2011 at 1:13 AM, Gautam John <gautam at prathambooks.org>
> wrote:
> >>
> >> On 8 June 2011 01:03, Vickram Crishna <vvcrishna at radiophony.com> wrote:
> >>
> >> My reading is that the Census Authority is very much a part of
> >> government. A question that I have been thinking about is whether
> >> census data (in the raw form and not the presentation) is capable of
> >> being copyrighted.
> >>
> >
> > Aside from the supposition that the raw data is not in fact copyrightable
> in
> > the first place, which is probably true, even if never tested, the law
> > clearly provides for grant of permission for data to be represented in
> > another form, such as sound or visual forms. It seems clear that the
> > provisions of copyright (the sections are too tediously long and legally
> > worded to reproduce here) are precisely applicable only to the form in
> which
> > the information is presented by the author(s). Moreover, if the
> presentation
> > of census data as published by the CA is in fact taken to be a design
> form
> > as defined by the Design Act 1911 (but to be frank I haven't looked at
> what
> > that creature is), then the copyright ceases as soon as 50 copies are
> > circulated, which has obviously already happened if the data is online.
> > I believe that mapped data represents precisely such alternate forms,
> > especially if it is dynamically presented (but even if it is not). Making
> it
> > dynamic is of course a highly useful form, one that I do not believe the
> > census authority has yet conceived. The census authority cannot refuse
> > permission for such presentation. If they do not publish the information
> as
> > is planned by our colleagues, then their copyright effectively lapses in
> any
> > case, for which proof an advertisement saying that (ie that no mapped
> data
> > as has been proposed has been published) must be published in a popular
> > newspaper (in English newspaper, for English language mapping, vernacular
> > for vernacular mapping). Unfortunately, it says nothing (that I can find)
> > about a public announcement on the Net, so maybe this advertisement stuff
> in
> > newspapers is the only path.
> > It seems that one must apply in the prescribed form for licensing
> > permission, but also note that it is not possible to refuse permission
> for
> > such applications, if the end use is scientific research or educational,
> and
> > also for non-commercial purposes, provided the end use is in the form of
> a
> > translation. However, this permission is only automatic after 3 and 7
> years
> > (subject to relevant conditions) from the date of first publication. Even
> > here, I put it that the date of first publication is the date when the
> first
> > Census was published, and not the current census. I think that would take
> it
> > back to the early 20th century, and perhaps that might also mean that the
> > government does not (heh, heh) in fact have the right to exclusive
> copyright
> > of census data (even for the 'upgraded' 60 year copyright).
> > The relevant clauses are:
> > 1. Specificity: Sec 14
> > 2. Design: Sec 15(2)
> > 3. Government ownership: Sec 17(d) and (dd)
> > 4. Compulsory licensing: Sec 31 (note that the RoC may assign some
> copyright
> > fee payable to the government, but prima facie it is unlikely they will
> do
> > so in this case)
> > 5. Automatic permission for translations etc: Sec 32 (sec 5(b)
> specifically
> > provides for 'broadcasting')
> > 6. Automatic permission for technical stuff: Sec 32A
> > 7. Right to broadcast: Sec 37 (worth checking!)
> > 8. Automatic visual recording for teaching: Sec 39
> > 9. Possible challenge to government copyright of census data: Sec 44
> > (register of copyrights: quite possible that the census information has
> not
> > been registered under the Act, and if so makes it impossible for the
> > government to take action against any form of infringement - sec 50A
> > provides for publication of registrations in the Gazette)
> > 10. Fair use: Sec 52 a(i) etc
> > --
> > Vickram
> > Fool On The Hill
> >
> > _______________________________________________
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> >
> >
>
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