“ If determining whether something is under copyright or in the public domain were so straightforward we would not be having this discussion. There is a very wide gap between what is clearly in one camp or the other. No lawyer can give a definitive answer that will safely apply in all circumstances. The effective ones are able to argue either side of a case, and win. ”
Summary
“Scriptorium/Archives/2010-02”, is a work by . It explores elements such as copyright, Wikisource and Template.
Quotes from Scriptorium/Archives/2010-02 ()
“ Definitely no go Eclecticology is right: what 32.2 allows is to "make or publish, for the purposes of news reporting or news summary, a report of a lecture given in public, or an address of a political nature given at a public meeting", which does not equate the complete text, and does not permit the other rights also required by Wikisource's free content definition, beyond just publication (that is, modification and exploitation by anyone, in any form, and for any purpose) It certainly does not make the work public domain, as the use of a PD-* template would suggest. ”
“ Please note that this template does not let users introduce annotations. Users are also not supposed use the template in order to introduce variant spellings; the scope of "corrections" is only to report an obvious error made by the editor. Some users at fr.ws insisted on having the possibility to show texts with modern spelling. The danger is that this strongly interfers with the proofreading process, and I think it is not acceptable to let users modernize text directly in the Page: namespace. In addition, modernizing each occurence of each word is particularly stupid. ”
“ Public interest in the present context is about the right of the public to be correctly informed about the pronouncements of major political figures, free of political spin. This allows the public to make informed decisions. ”
“ There's no copyright on typesetting, nor I believe on orthographic changes. Critical editions are a bit more confusing; to the extent that creative choices are used in choosing between pieces of different manuscripts, it's probably copyrightable. I've never heard of translators licensing the critical text before, so despite what the uberpedantic part of my head says, it's probably best to just translate it and not worry about it. (I'd like to say that you should talk to the author, and between scholars it shouldn't be a big deal, but publishers can get real huffy.) ”
“ If Congress is required to start anew, a party who is considering utilizing a work of foreign origin that is in the public domain for failure to comply with formalities might be well advised to begin using such a work right away, in order to ensure its continued right to use such a work after the next restoration. ”
“ Most speeches and manifestos are unlikely getting Wikipedia articles, so perhaps making or publishing for the purposes of news reporting or news summary is possible with a short introduction in the Wikilivres header, maybe combined with Canadian fair dealing while the activities of Wikilivres are strictly non-commercial while not promising that downstream users may commercially copy everything. US fair use and Canadian fair dealing have no clear boundaries with copyright infringement http://en.wikisource.org/skins-1.5/common/images/button_sig.pngregarding how much may be legally quoted. ”
“ Not be a lawyer I say lets Keep It Simple if a Copyright is automatically granted upon creation unless disclaimer by the Author or the law make it public domain then {{PD-manifesto}} is no good because copyright is assumed. If a work is under copyright it under copyright no matter how many people say it is in Public Domain. There are maters internal to wikisource like Notability then there are maters external to wikisource like copyright. ”
“ This is not a simple question of "wanting it on Wikisource." Copyright law does not exist in a vacuum, and needs to be balanced by other considerations, such as the public interest. Copyright in common law countries is historically an economic right; this is also reflected in the fair use factor about the effect on a work's market. Works that could receive the "manifesto" label are largely political in nature — a politician of the day speaking on a current issue. ”
“ If there is no right to accurately report political speeches how can anyone be sure that "a non-derivative summary and explanation" is accurate? Eclecticology - the offended (talk) 08:23, 7 November 2009 (UTC) If it doesn't mention public interest in the copyright act, where are you getting your legal justification to do this? Why is reproducing polished bits of propaganda exactly more important than reproducing books and reports? There's a lot of things you have no right to exactly copy ”
“ Tagging a speech as a manifesto "just because I want it on Wikisource" is the sort of thing that will cause legal issues for the foundation. We cannot take a liberal view towards manifestos, and we shouldn't take a liberal view to manifestos because the {{PD-Manifesto}} template, as far as I understand, has absolutely no legal backing whatsoever. ”
“ Furthermore, we're making this available as Free Content, for people who may be forced to fold when a serious copyright complaint comes up, which is a good reason to play it safe.--Prosfilaes (talk) 00:08, 20 October 2009 (UTC) There is nothing wrong with folding when a serious copyright complaint comes up, and the situation is re-valued on its own merits, but neither is there anything wrong with defending against that complaint if that same re-valuation shows that defence is warranted. To make playing safe depend on the importance of pushing limits makes no sense at all. ”
“ My understanding is that all Wikimedia servers are located in the US; therefore whatever Wikimedia serves is subject to US copyright law; therefore no Wikisource should be hosting materials that are protected by copyright in the US. Hesperian 13:24, 5 January 2010 (UTC) Whichever way it was perceived, as a marketing move, it seems to have worked a wonder. There have been many new users at the site since the newspaper articles, and many bringing new contributions. All eager to learn and contribute. ”
“ We should not treat readers as fools, they know the world is imperfect and books occasionally have typos, its not our role to fix that. I don't think my local library would allow me in if I got my pen out and annotated or corrected things, despite the qualifications and rationale I could present to justify that. ”
“ Blocking edit of a transcluded page I am concerned about the creation of a page in the wrong namespace. In the The Popular Science Monthly Project, the indexes display the transcluded Table of Contents from here, to this page, and which is the way it must be. Is there a way to block editing the transclusion on the index page, rather than adding the full main space name? — Ineuw (talk) 16:08, 26 January 2010 (UTC) It is very late, and you are not being clear. Please provide a link to the troublesome edit so we can better understand your concern. ”
“ I too believe that it is not our role to annotate text; this indeed would open a can of worms that I don't want to open, and I completely agree with Cygnis on that. However, we had to introduce the Corr template at fr.ws, because we noticed that without it, users tend to fix typos without reporting them at all, which I believe is worse; the purpose of the template is to keep track of corrections. ”
“ An author agrees to release material under the condition of the GFDL, and then attempts to impose conditions incompatible with the GFDL. Our history tab is specially designed to meet the attribution conditions of the GFDL. If the works are indeed released under the GFDL, then it suffices to credit the author in your edit summary, so that it shows up in the page history. The author's willingness to release the material under the GFDL implies that they are satisfied with this ”
“ Is it in the public interest to have a politician's words so tied in copyright knots that the transparency required for accountability is thereby so severely hampered. There is an element of irony in the notion that Sarah Palin would need to depend on a freer Canadian law to have her words properly reported. Eclecticology - the offended (talk) 07:59, 20 October 2009 (UTC) I don't appreciate my concerns being compared to urban legends. ”
“ We will have to attempt to resolve any discussions that emerge without recourse to anything but another user's opinion, previous disputes of a similar nature have been resolved by 'she is persistent, really upset, or an admin, he is not, therefore her opinion has priority'. ”
“ We have plenty of works for which we wish the provenance was better, or clearer. If the provenance of individual sections is not as clear as you would like, but you're still willing to go to the trouble of translating them, we're still happy to host them. ”
“ Will the following statement in a new copyright tag be fine? "This work once lapsed its copyright in the USA for failure to comply with the US formalities. Section 514 of the Uruguay Round Agreements Act restored the lapsed copyright but was declared violating the First Amendment of the US Constitution pursuant to Golan v. Holder where Judge Babcock of the US District Court for the District of Colorado ruled on April 3, 2009 in the conclusion: "Congress has a legitimate interest in complying with the terms of the Berne Convention. ”
“ Some works hosted here are PD in the USA but still copyright-restricted at home without license compatible with cc-by-sa-3.0. Using collapsible pages to enclosed texts still copyrighted at home with warning statements outside will better protect some users from unintentionally violating others' copyright at home. Chinese Wikisource article zh:論動體的電動力學 translated from "On the Electrodynamics of Moving Bodies" (original German in 1905 by Albert Einstein who died in 1955) uses collapsible page. ”
“ It was widely discussed on our mailing list, and it was mentioned here a few times (see above) . It would have been better to have advertised it more widely, I admit. Anyhow, lessons learnt: let's make sure that future things like this happen more smoothly. BTW, if the German wikisource only requires death+70, not accounting for US law, why does the English one use US law only? I can't see the logic there... I thought that US law was required as the servers are hosted in the US? ”
“ Copyright of Texts published in Iran Another Question: the WP Article http://en.wikipedia.org/wiki/Copyright_in_Iran says that works published in iran are not protected by copyright outside iran, if I understand correctly. So is it possible to upload poetry by Ahmad Shamlou, Sohrab Sepehri, Forrough Farrokhzad, etc... to the Multilanguage-Wikisource or even to the Persian-Wikisource? --Helohe (talk) 13:33, 17 January 2010 (UTC) Iranian law is not the issue, it is the US law that determines whether we can house the work (as that is where WMF houses the servers) . ”
“ Even if moving PD-manifesto works to Canadian Wikilivres is not feasible, many can be found on the web.--Jusjih (talk) 03:57, 22 October 2009 (UTC) Yes, each and every work should be considered individually. "PD-Manifesto" is a problematic term. I would prefer a "w:Public interest" category, though I am aware of the vulnerability of that term to abuse. This would primarily refer to certain political speeches. Most people who make such speeches do so in the moment without any consideration of copyright, and they only receive it because of the broad automatic operation of the law. ”
“ I just thought that there may be a simple solution from a similar past post, and it was worth asking.— Ineuw (talk) 00:04, 27 January 2010 (UTC) This is a site undergoing continuous improvement. Questions prompt solutions if none exists, thanks for asking them. Cygnis insignis (talk) 05:53, 27 January 2010 (UTC) Try using the template {{namespace link}} I think that it will do what you want. Addendum, I often use it in conjunction with {{DJVU page link}} on the page numbers Thank you all for the supportive input. ”
“ In which case, we need to consider each and every work that is currently tagged PD-Manifesto. I have already said before that I believe each work with this tag should have a detailed rationale. Those for which a detailed rationale cannot be provided should be deleted. Jude (talk) 10:10, 20 October 2009 (UTC) Wikisource requires cc-by-sa-3.0 and GFDL, so reproducing the entire copyright-restricted work to claim "fair" use is impractical and thus forbidden, but Wikilivres just requires any permission to post in Canada, even if non-commercial and non-derivative. ”
“ The other non-speech works would (and shouldn't) be removed en masse: they need to individually be judged. Jude (talk) 04:54, 16 October 2009 (UTC) I posted on the top due to very serious copyright concern of the topic. I never intend to prejudge them all. Some speeches are not made so "publicly", so they do not even fit PD-manifesto right here. I agree Jude to individually judge relevant works. Only those clearly compatible with cc-by-sa-3.0 and GFDL should stay here, otherwise, Canadian Wikilivres if fitting Wikilivres:Template:Manifesto, or delete without exporting. ”
“ Context-dependent changes are defined in a micro-dictionary attached to the page in the main namespace. You can see an example here : fr:La Cigale et la Fourmi. (click the link "texte modernisé") ThomasV (talk) 11:04, 23 January 2010 (UTC) @billinghurst : each line in the popup is a link, so locating the occurence in the text is easy. Note : here is a page that I setup recently, where various javascript tools for wikisource are proposed : oldwikisource:Wikisource:Shared_Scripts ThomasV (talk) 11:17, 23 January 2010 (UTC) Thanks. I too would be strongly against a modernising script. ”
“ The Berne Convention, however, affords each member nation discretion to restore the copyrights of foreign authors in a manner consistent with that member nation’s own body of copyright law. In the United States, that body of law includes the bedrock principle that works in the public domain remain in the public domain. ......" I would like to request comments before starting a new copyright tag coded "PD-2009". ”
“ Measurement. I add the caption to the file info and link a second, unchanged file at "other_versions=" Cygnis insignis (talk) 02:53, 20 January 2010 (UTC) Deutsche Pomologie I have beedn uploading the images from Wilhelm Leute's Deutsche Pomologie (1882) to Commons. My source is http://library.wur.nl/speccol/fruithof/birnen/ which also has the textual content. However, as there are 100 varieties of pears there (and also another 100 on apples which I haven't uploaded yet) , I would appreciate any help in bringing the text over. I haven't found a source of scans of the text of this book. ”
“ Ignorance is painful and the learning curve is awful. I got it. — Ineuw (talk) 18:06, 29 January 2010 (UTC) Strange, I never noticed that. Though a lot of people say that about me. ;) Paradoctor (talk) 00:03, 30 January 2010 (UTC) It may have been that the page needed to be purged. Ineuw, if you have the clock gadget, you can purge by clicking it. Otherwise add ?action=purge to the end of the url. billinghurst sDrewth 05:11, 30 January 2010 (UTC) Multiple column list, continued I implemented the TOC template and the uppercases work, but most lowercase doesn't. ”
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