---This is a reply to an older message regarding using web-posted
government information and copyright issues therefrom---

Disclaimer: I'm not an expert on copyright law, or wikis.  But I also
have a bit more than passing interest in them, as well as the RTI.
That said:

1-3) I would default to using the images in the least-intrusive way.
To me, that would mean option (c), with the second meaning.  In
principle, the government should post the copyright restrictions on the
same page, so as to remove confusion.  But out of deference to innocent
content producers that may have licensed such material to the
government, I would follow this procedure.

4) I would assume they would not allow commercial use directly (i.e.,
sale of the picture, or use of the picture to make t-shirts for sale)
but would allow derivative use (see a picture of a field, make a
judgement on what to plant in that field, benefit monetarily).  In any
case, these 4 questions can be answered by using the RTI itself.  I
would apply to the NIC, immediately, were I you.

5) (food for thought) It seems to violate the spirit, if not the letter
of the RTI Act, 2005.  You will notice that information is supposed to
be maintained in a computerized and accessible way, and that some info
is supposed to be given suo motu (proactively) in the most convenient
way possible (Section 4).  Also, this mischief could be worked around
using the RTI Act, through the use of an "inspection".  Then, during
the inspection, use the gov't software to view the file as you would
like, then take a copy of the *processed* information.  We can discuss
the details if you like.

This work is very important, even in the discussion phase.  Anyone with
familiarity with ISRO knows that they have a geosynchronous satellite
above India whose resolution (picture quality) is much, much better
than, for example, Google Earth.  This matters because such a
satellite, and it's gathered *information* could be very useful in
checking up on environmental degradation, etc.

Cheers,

Kohl

> We have a few doubts/queries besides:
>
> The first one being, whether the wording of the tag is correct. Second,
>  Even if the images are copyrighted, can we use it under a) the *RTI
> **act*or b) fair use or c) public domain (with attribution) Thirdly,
> does the use
> of public domain in the policies stated above mean:
>
> "Works without any copyright restrictions" or "copyrighted but available for
> public use (??)"
>
> Fourthly, If we can use the content under the *RTI **act*/somehow, do Indian
> government sites allow commercial use + derivative use of their content
> (text/images).
>
> Now, here is some food for thought.
>
> X files an application under *RTI **Act*.  The govt asks him to pay Rs. 50/-
> (the amount fixed by the Govt. of Kerala, afaik) for the *information*,
> provided to him  on a floppy.  The *information* is in a format covered by a
> patent, and the software  which can open the file provided by the
> government is available only for an exorbitant price.
>
> **Right** to *Information*?
>
> --
> Anivar Aravind
> GAIA
> 
> 
> [Non-text portions of this message have been removed]
>


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