Commons:Deletion requests/Template:PD-1996

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This deletion debate is now closed. Please do not make any edits to this archive.

Template:PD-1996

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If it's PD in its home country, it's allowed here. No need for a template for that. -- Prince Kassad 20:37, 26 June 2007 (UTC)[reply]

COM:L states that works hosted here under a PD claim must be PD in both the source country and in the U.S. Keep Lupo 22:26, 26 June 2007 (UTC)[reply]
Most PD claims today are worldwide. -- Prince Kassad 17:36, 1 July 2007 (UTC)[reply]
Huh? Source, please! Lupo 07:08, 2 July 2007 (UTC)[reply]
Tell me at least three works which are PD in their country of origin but copyrighted in the US. -- Prince Kassad 18:48, 2 July 2007 (UTC)[reply]
Why should I? Read up on copyright in the U.S., or provide a source backing your claim! Oh well, I'll give you a whole set of classes of works: any published work published 1923 or later that has a X-years-p.m.a. country as its country of origin of an author who died more than X years ago but on or after January 1, 1996-X. For 70 years p.m.a.-countries, this means authors who died after 1925 but before (currently) 1937. That's the effect of the copyright restorations of the URAA in the U.S. A concrete example is Image:1924WOlympicPoster.jpg. Lupo 21:14, 2 July 2007 (UTC)[reply]
Isn't this a duplicate of PD-US Madmax32 01:42, 27 June 2007 (UTC)[reply]
Not exactly. PD-US is intended to be used for U.S. works only. (All country-specific tags apply only to works that have that country as their country of origin.) This tag applies to non-U.S. works only. It appears to be intended to cover the second part of the requirement at COM:L, namely that foreign works must also be PD in the U.S. The tag refers to the URAA cut-off year: foreign works that were PD in their source country in 1996 were not eligible for copyright restoration in the U.S. The tag is not to be used on its own, but always in conjunction with some other country-specific tag. Lupo 08:26, 27 June 2007 (UTC)[reply]
Note: the tag appears to be unused at present, though. But I think it's an excellent idea (comes from en-WS, AFAIK). If we want to take our own policy at COM:L seriously, this tag should be a required component of any country-specific tag (except the US tags, of course). Lupo 08:30, 27 June 2007 (UTC)[reply]
but why this sentence 'and was never published in the US prior to that date', that would not effect the copyright regardless Madmax32 16:18, 27 June 2007 (UTC)[reply]
Maybe the tag is a bit oversimplified. If a work was published in the U.S., properly registered, and, if necessary, the copyright properly renewed, it is copyrighted in the U.S. even if it may have fallen in the public domain in its source country either before or after 1996. The URAA has no bearing on works that were still copyrighted in the U.S. on the URAA date. If the work was published but the U.S. copyright lapsed because it was not renewed, or because the work was published without copyright notice, or due to some other failure to meet the U.S. regulations, then the URAA with its 1996 date applies again. The URAA applies only to foreign published works that were not (or no longer) copyrighted in the U.S. on January 1, 1996. (And for countries who joined the Berne Convention or the WTO etc. after 1996, their adherence date is the URAA date, not January 1, 1996.) So, yes, the tag might need to be rephrased a bit, but that doesn't warrant deletion.
The tag might say something like
This non-U.S. work is in the public domain in the U.S. because
  • it was in the public domain in its source country as of January 1, 1996, (the URAA date) and
  • it was not copyrighted (anymore) in the U.S. on that date, and
  • it was published before March 1, 1989.
Only if all three conditions are true, the copyright on the non-U.S. work was not restored by the URAA. Otherwise, the copyright of the work was restored in the U.S. to its full term as if all formalities had been met (generally 95 years since publication for works published prior to 1978, and 70 years p.m.a. for works published 1978 or later.)
If the non-U.S. work had been copyrighted in the U.S. and that copyright was still valid on the URAA date, it is only in the public domain in the U.S. if that U.S. copyright has expired by now, irrespective of copyright status of the work in its source country. Works published in Berne Convention countries on or after March 1, 1989, were granted U.S. copyright (70 years p.m.a.) automatically as "Berne works".
However, is that still comprehensible? (I hope I got that one right. And it still fails to account for countries for which the URAA date is not January 1, 1996 but some later date.) Maybe the current, simple version of the tag is still better... Lupo 18:41, 27 June 2007 (UTC)[reply]
Keep We need more, not fewer, tags of this sort. Using just country-specific PD-tags, as Lupo points out, has the potential to severely violate commons policies. Images, in addition to having country-specific PD tags, should also be tagged with something that explains why they're PD in the US. How we go about this needs a separate discussion (which I'll start in the next few days once I have the time to put something together, if nobody else has done before then), but tags of this sort are absolutely essential. -- Arvind 10:50, 4 July 2007 (UTC)[reply]
  • Kept. Even if this not widely used nor required by the de facto licensing policy, this template has useful information for those who want to use images from Commons. Furthermore, this template may—or may not—be required at some point in the future. Samulili 17:32, 9 July 2007 (UTC)[reply]
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