Wikisource:Copyright discussions/Archives/2016

Revision as of 14:55, 22 April 2016 by John Vandenberg (talk | contribs) (Jan sure was a fun month)

Withdrawn

(or speedy keep, etc)

The following discussion is closed:

Withdrawan kept per Clindberg, and a snowball clause

Translation, British Translator was still alive in 1960. So per life+70 term not expired.

Further concerns will be in a single posting. ShakespeareFan00 (talk) 22:48, 30 January 2016 (UTC)

PD-1923; license is correct. Carl Lindberg (talk) 00:45, 31 January 2016 (UTC)

The following discussion is closed:

Withdrawan kept per Clindberg, and a snowball clause

(Querying Non-Us works/editions).

Non US work, Author was still alive in 1977. So Per a Life+70 term this hasn't expired yet.ShakespeareFan00 (talk) 22:44, 30 January 2016 (UTC)

Also source link given is dead. ShakespeareFan00 (talk) 22:45, 30 January 2016 (UTC)
PD-1923. License is correct. Source link not needed. Carl Lindberg (talk) 00:43, 31 January 2016 (UTC)

The following discussion is closed:

Withdrawn per reasoning given, No additional evidence to suggest it's not PD_AustralliaGov

Potentially still in copyright, per http://www.eoas.info/biogs/P003288b.htm (Newman, Bernard William (1899 - 1965)), ShakespeareFan00 (talk) 14:48, 30 January 2016 (UTC)

This appears to satisfy {{PD-AustraliaGov}}? —Beleg Tâl (talk) 15:43, 30 January 2016 (UTC)
That would depend if the author was writing in an official or personal capacity. If you can confirm it for the foremr I have no objections to the works re-instatment. If personal Australia used to be (life+50), meaning an author death before 1945 is needed for reasons to do with URAA interactions. ShakespeareFan00 (talk) 15:56, 30 January 2016 (UTC)

https://en.wikisource.org/w/index.php?title=Index:1947SydneyHailstorm.djvu&direction=prev&oldid=629197 gives the source as a Richard Whitakker, whose Wikipedia entry suggests it might well have been official, but it's not definitive. ShakespeareFan00 (talk) 22:14, 30 January 2016 (UTC)

File is marked with the BoM as the publisher, and it has pages numbers. Powers of observation. — billinghurst sDrewth 01:17, 31 January 2016 (UTC)
Newman was apparently an employee of the Bureau of Metereology from 1917 to 1964. Seems likely to be an official work. Carl Lindberg (talk) 01:26, 31 January 2016 (UTC)

The following discussion is closed:

Per Commons apparently saying PD-UN isn't in fact a free license - Commons:Commons:Deletion_requests/Template:PD-UN

This also applies to subpages and the underlying pages used for the Transclusion.

ShakespeareFan00 (talk) 23:36, 18 December 2014 (UTC)

(moved from WS:PDbillinghurst sDrewth 14:41, 28 December 2014 (UTC))

This work predates "Prior to 17 September 1987" (just!) so would be okay with regard to the situation. I would say that rather than fuss the work, we need to review the overarching, then revisit the works with the licence. — billinghurst sDrewth 14:46, 28 December 2014 (UTC)

The following discussion is closed:

speedy kept

(Instituting an unofficial policy of querying Non-US works/editions).

UK edition, so by UK term ( life+70) still in copyright.

ShakespeareFan00 (talk) 14:17, 30 January 2016 (UTC)

published 1916; {{PD-1923}} —Beleg Tâl (talk) 15:50, 30 January 2016 (UTC)
English Wikisource uses U.S. law exclusively. The UK status would mean the .djvu should be hosted locally as it would not be allowed on Commons. Carl Lindberg (talk) 00:18, 31 January 2016 (UTC)

The following discussion is closed:

speedy kept, 1905 publication

(Instituting an unofficial policy of querying Non-US works/editions).

UK edition, and collabrative work, Per UK rules not out of copyright until last author died. Authors undocumented here or at Commons so Commons license claim may be incorrect, although made in good faith.ShakespeareFan00 (talk) 14:25, 30 January 2016 (UTC)

{{PD-1923}} if nothing else. Not sure which license is currently being claimed. Carl Lindberg (talk) 00:23, 31 January 2016 (UTC)
{{PD-Old 70}} At Commons which I feel is VERY optomistic. Localise and Template:TlPD-1923ShakespeareFan00 (talk) 00:26, 31 January 2016 (UTC)
If authors are undocumented, it should be PD-UK-unknown at Commons. Probably been out of UK copyright since the 1950s. Carl Lindberg (talk) 00:33, 31 January 2016 (UTC)
The authors are documented in the front of the work (Just not on Commons), so PD-UK-Unknown isn't applicable, the relevant nor have any relevant dates been added. ShakespeareFan00 (talk) 01:29, 31 January 2016 (UTC)
Though not pertinent here (pre-1923), under UK law this would be a body corporate publication, and who owns particular copyright for the whole or parts of the work, would depend on the contractual obligations in which they wrote the work for the body corporate. As such it would be quite a complex beast to pull apart and possibly not ever able to be determined with 100% accuracy (availability of records, if they ever existed). All that said, remember that UK copyright is a civil law, not a criminal law, so becomes a different basis of law. So, it is less of a collaborative work, and more under contract (similar to DNB), and then depending on the terms of the contracts whether they owned copyright 70-PMD would be an interesting legal resolution though from my limited experience that has been a more recent legal approach than for that time. — billinghurst sDrewth 02:10, 31 January 2016 (UTC)
The owner of the copyright would be the corporation, but the term of the copyright would be based on the lives of any named authors. ShakespeareFan00 does have a point here -- since each article seems to have their own named author, the copyright to that article would depend on that author's life. This is not a collaborative work, where the copyright on everything is based on the last-suriviving author of all named authors -- if one article is identified as being the work of one author, then the copyright on that article is just based on that one author. So, there could well be a Commons issue for that. Carl Lindberg (talk) 02:53, 31 January 2016 (UTC)

The following discussion is closed:

Withdrawn on the basis that whatever the concern, a snowball clause applies

No evidence presented at Commons to confirm OGL status, at best this is an expired Crown work, but that would depend on the meeting notes having been published at some point. ShakespeareFan00 (talk) 14:48, 30 January 2016 (UTC)

The following discussion is closed:

Published in US prior to 1923, therefore PD. Beeswaxcandle (talk) 22:48, 30 January 2016 (UTC)

UK author, but pre 1923 US edition, Illustrator undocumennted... ShakespeareFan00 (talk) 14:48, 30 January 2016 (UTC)

If I understand correctly, works published before 1923 in the US (like this one) are PD in the US and therefore hostable. —Beleg Tâl (talk) 14:56, 30 January 2016 (UTC)
Hmm... ShakespeareFan00 (talk) 15:06, 30 January 2016 (UTC)

The following discussion is closed:

speedy kept, published 1913

(Instituting un-official policy of querying Non-US editions).

Non US Edition, and Masefield was still alive in 1967, so. may nbot be out of copyright given a UK (life+70) term. ShakespeareFan00 (talk) 15:02, 30 January 2016 (UTC)

Yes, but the template we use is {{PD-1923}}. —Beleg Tâl (talk) 15:35, 30 January 2016 (UTC)
Our policy does not require the publication pre 1923 to be within the US, as per their legislation. — billinghurst sDrewth 01:19, 31 January 2016 (UTC)

The following discussion is closed:

speedy kept, pre-1923 publication

Instituting an un-official policy of querying Non-US editions.

Non-US edition, Translator was still alive in 1957, so a UK term hasn't elapsed (life+70) ShakespeareFan00 (talk) 15:11, 30 January 2016 (UTC)

Yep, pre-1923, so {{PD-1923}}. —Beleg Tâl (talk) 15:36, 30 January 2016 (UTC)

The following discussion is closed:

speedy kept, published 1918

Canadian edition, refereed per the notes on the talk page, if applying life+70 some of the poems will not have expired. ShakespeareFan00 (talk) 15:14, 30 January 2016 (UTC)

The concern here is the underlying poem copyright, vs the anthology itself. In any event if the scan file isn't already local it should be. ShakespeareFan00 (talk) 15:24, 30 January 2016 (UTC)
File:Canadian poems of the great war.djvu appears to be hosted on this project, not on Commons. --Stefan2 (talk) 15:29, 30 January 2016 (UTC)
Again, {{PD-1923}}. If it was published before 1923, it is public domain in the US, period. It doesn't matter where it was published or when the author died or anything else. Wikisource copyright policy follows US law and thus any works published before 1923 can be hosted on WS. —Beleg Tâl (talk) 15:33, 30 January 2016 (UTC)
It would be a lot simpler if Wikisource adopted the Commons policy to be honest. ShakespeareFan00 (talk) 15:36, 30 January 2016 (UTC)
I personally find checking for "published before 1923" much simpler than having to research publication history, author biography, and foreign copyright policy for every work. —Beleg Tâl (talk) 15:38, 30 January 2016 (UTC)
Simpler for users in the US maybe, not for those of us in (Life+70) regions. ShakespeareFan00 (talk) 15:42, 30 January 2016 (UTC)
And the Commons policy often does not help people in countries other than the U.S. and the country of origin, provided that country does not use the rule of the shorter term. Each project will set the rules more based on its target audience, in general. Commons is the widest scope. Carl Lindberg (talk) 00:38, 31 January 2016 (UTC)

Published pre-1923 — billinghurst sDrewth 01:24, 31 January 2016 (UTC)

The following discussion is closed:

speedy kept, published 1910

(instituting a policy of querying Non-US editions)

London edition, Translator was still alive in 1958, Life+70 term NOT expired yet. ShakespeareFan00 (talk)

It still matches {{PD-1923}}. —Beleg Tâl (talk) 15:28, 30 January 2016 (UTC)
It wasn't "published" in the US, so using that tag would be misleading. ShakespeareFan00 (talk) 15:31, 30 January 2016 (UTC)
It doesn't matter. {{PD-1923}} specifies "published", not "published in the US". —Beleg Tâl (talk) 15:34, 30 January 2016 (UTC)

Published prior to 1923 — billinghurst sDrewth 21:50, 31 January 2016 (UTC)

The following discussion is closed:

speedy kept published 1912

(Instituting policy of querying Non-US editions)

This work is listed as Authors: various, This isn't necessarily sufficient to confirm the status of indvidual works in an anthology. ShakespeareFan00 (talk) 15:34, 30 January 2016 (UTC)

Published in 1912; {{PD-1923}} —Beleg Tâl (talk) 15:39, 30 January 2016 (UTC)
I encourage you to document the complete status of works (i.e Non US status) included in the anthology, on the Talk Page if needed. ShakespeareFan00 (talk) 15:44, 30 January 2016 (UTC)
@ShakespeareFan00: I ask that you acquaint yourself with our policy, and stop this problematic behaviour. To this point of time this community hasn't done page bans for editors. — billinghurst sDrewth 01:27, 31 January 2016 (UTC)

Published pre-1923 — billinghurst sDrewth 01:27, 31 January 2016 (UTC)