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

2011-06-19 Thread Shiju Alex
For SVG translation, use this tool:
http://toolserver.org/~jarry/svgtranslate/

My suggestion would be, let the respective language community do the
translation. Transliteration may not work work all the time.





On Sun, Jun 19, 2011 at 9:17 AM, Naveen Francis navee...@gmail.com wrote:

 Hi

 I have done a plain google transliteration for India and Kerala maps to
 hi,kn,sa which is created by Rajesh Odayanchal(
 http://en.wikipedia.org/wiki/User:Rajeshodayanchal) using a tool
 http://svg-edit.googlecode.com/svn/branches/2.5.1/editor/svg-editor.html

 This maps were created as a part of Malayalam mapping project.

 If it needs some correction; can you please help ?

 Thanks,
 Naveen Francis

 On 15 June 2011 16:30, Vickram Crishna vvcris...@radiophony.com wrote:

 On Wed, Jun 15, 2011 at 11:51 AM, Gautam John gau...@prathambooks.orgwrote:

 On 15 June 2011 03:38, Vickram Crishna vvcris...@radiophony.com wrote:

  In this light, the copyright disclaimer on the Census webpage seems
  completely invalid.

 Vickram - good catch but even the lack of a copyright notice does not,
 per se, mean there is no copyright. Copyright is presumed to be
 granted the moment it has been created.


 Of course, and I am completely in agreement with the sentiments of the
 commons group, who evidently do not want to see Wikipedia get caught up in a
 series of fruitless litigations across the world.

 I was drawing the attention of the list to the fact that the government
 people, who claim copyright for everything the government publishes, despite
 the fact that some of it is commons, are also ether slipshod in the manner
 in which they claim the copyright, or being forthright about the fact that
 some of it, possibly the data itself, is not intended to be copyrighted.

 Now, the disclaimer wording brought to our attention by Abhilash also
 mentions that not everything in the site is copyright, one must look at
 individual listings within in order to see if copyright is claimed therein.

 Naveen would do well to check that the information he wants to scrape in
 order to create his maps is specifically copyrighted, as otherwise it is
 clearly free-to-use, and the copyright disclaimer is very specific about
 this freedom.

 --
 Vickram
 Fool On The Hill http://communicall.wordpress.com

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 --
 Naveen Francis

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

2011-06-15 Thread Naveen Francis
Now Gautam,

What do you suggest ? not use that pdf ?
Discussion is not reaching anywhere

On 15 June 2011 11:51, Gautam John gau...@prathambooks.org wrote:

 On 15 June 2011 03:38, Vickram Crishna vvcris...@radiophony.com wrote:

  In this light, the copyright disclaimer on the Census webpage seems
  completely invalid.

 Vickram - good catch but even the lack of a copyright notice does not,
 per se, mean there is no copyright. Copyright is presumed to be
 granted the moment it has been created.

 ___
 Wikimediaindia-l mailing list
 Wikimediaindia-l@lists.wikimedia.org
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-- 
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Re: [Wikimediaindia-l] Administrative maps of India and states.

2011-06-15 Thread Gautam John
Hi Naveen:

What do you guys mean when you say you will create maps based on this?
Do you create your own maps with this as the base map?

Thank you.

Best,

Gautam

http://social.prathambooks.org/




On 15 June 2011 12:20, Naveen Francis navee...@gmail.com wrote:
 Now Gautam,

 What do you suggest ? not use that pdf ?
 Discussion is not reaching anywhere

 On 15 June 2011 11:51, Gautam John gau...@prathambooks.org wrote:

 On 15 June 2011 03:38, Vickram Crishna vvcris...@radiophony.com wrote:

  In this light, the copyright disclaimer on the Census webpage seems
  completely invalid.

 Vickram - good catch but even the lack of a copyright notice does not,
 per se, mean there is no copyright. Copyright is presumed to be
 granted the moment it has been created.

 ___
 Wikimediaindia-l mailing list
 Wikimediaindia-l@lists.wikimedia.org
 https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l



 --
 Naveen Francis

 ___
 Wikimediaindia-l mailing list
 Wikimediaindia-l@lists.wikimedia.org
 https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l



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

2011-06-15 Thread Vickram Crishna
On Wed, Jun 15, 2011 at 11:51 AM, Gautam John gau...@prathambooks.orgwrote:

 On 15 June 2011 03:38, Vickram Crishna vvcris...@radiophony.com wrote:

  In this light, the copyright disclaimer on the Census webpage seems
  completely invalid.

 Vickram - good catch but even the lack of a copyright notice does not,
 per se, mean there is no copyright. Copyright is presumed to be
 granted the moment it has been created.


Of course, and I am completely in agreement with the sentiments of the
commons group, who evidently do not want to see Wikipedia get caught up in a
series of fruitless litigations across the world.

I was drawing the attention of the list to the fact that the government
people, who claim copyright for everything the government publishes, despite
the fact that some of it is commons, are also ether slipshod in the manner
in which they claim the copyright, or being forthright about the fact that
some of it, possibly the data itself, is not intended to be copyrighted.

Now, the disclaimer wording brought to our attention by Abhilash also
mentions that not everything in the site is copyright, one must look at
individual listings within in order to see if copyright is claimed therein.

Naveen would do well to check that the information he wants to scrape in
order to create his maps is specifically copyrighted, as otherwise it is
clearly free-to-use, and the copyright disclaimer is very specific about
this freedom.

-- 
Vickram
Fool On The Hill http://communicall.wordpress.com
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Re: [Wikimediaindia-l] Administrative maps of India and states.

2011-06-14 Thread Vickram Crishna
On Wed, Jun 8, 2011 at 1:16 AM, Abhilash S Unni abhilashu...@gmail.comwrote:

 Does this help.

 http://censusindia.gov.in/Footer_Menus/Disclaimer.html

 http://censusindia.gov.in/Footer_Menus/Disclaimer.htmlThe site mentions
 that

 quote

 *Copyright:*

 Material on this site subject to copyright unless otherwise indicated. The
 material may be downloaded without requiring prior permission. Any other
 proposed use of the material is subject to the approval of ORGI - New Delhi.
 Application for obtaining permission should be made to ORGI, New Delhi

 unquote


Here's a very interesting point about copyright, that I just read on a
webpage discussing copyright infringements (and claims, in the USA, which is
sure a good place to litigate):

[a valid copyright notice has 3 elements: (1) the rights holder name, (2)
the copyright symbol, and (3) the year of first publication. Using an
copyright notice in an invalid format – such as omitting the year of first
publication – is not recommended]

The page is a blogpost by a photographer about pressing copyright claims in
the USA:
http://www.jeremynicholl.com/blog/2011/06/13/the-10-rules-of-us-copyright-infringement/

In this light, the copyright disclaimer on the Census webpage seems
completely invalid.



 Regards

 Abhi

 On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.orgwrote:

 On 8 June 2011 01:03, Vickram Crishna vvcris...@radiophony.com wrote:

  OK. No offense taken. Your legal grounding is well established, as we
 all
  know.

 Oh sorry - none meant! Apologies if it sounded otherwise.

  Can anyone please point me to the relevant link (for the census data,
  because the Census Authority is distinctly constituted at arm's length
 from
  the Government of India)? I would like to review the pertinent
 restrictions,
  for this list.

 http://copyright.gov.in/Documents/CopyrightRules1957.pdf

 28. Term of copyright in Government work.- In the case of Government
 work, where Government is the first owner of the copyright therein,
 copyright shall subsist until [Sixty] years from the beginning of the
 calendar year next following the year in which the work is first
 published.

 Where Government work is defined as:

 (k) Government work means a work which is made or published by or
 under the direction or control
 of-
 (i) the Government or any department of the Government;
 (ii) any Legislature in India;
 (iii) any court, tribunal or other judicial authority in India;

 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.

 Thank you.

 Best,

 Gautam
 
 http://social.prathambooks.org/

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

2011-06-08 Thread 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 gau...@prathambooks.orgwrote:

 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 vvcris...@radiophony.com wrote:
 
 
  On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org
 wrote:
 
  On 8 June 2011 01:03, Vickram Crishna vvcris...@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 

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

2011-06-08 Thread Vickram Crishna
On Wed, Jun 8, 2011 at 10:48 AM, Gautam John gau...@prathambooks.orgwrote:

 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.


Yes, I also thought of that. It does suppose that we have to define what
precisely is meant by 'owned by the Government' mean, in terms of whether
the Government actually owns anything rather than hold it in trust for us,
which is probably not precisely the same as is meant to be covered under the
Wikipedia freedom license.

Srikanth asks how raw data can be copyrighted. That is probably a better
starting point.

It seems to me that forms uploaded to Wikipedia fulfil the definition of
'authorship' [2(d(vi)], hence the Government cannot claim prior copyright in
the first place. All we would be doing in this case is creating artistic
forms that use data that is uncopyrightable, just as we are always free to
use the letters of the alphabet, and the colours of the spectrum, in
creating a map.

Also, wrt infringement, in 2(m) and 2(n) it is not clear to me that creation
of a new depiction transgresses in any way the protection afforded to an
original database. I do not think that the maps per se result in an
independent distribution of the database itself*. Wikipedia must not
reproduce (except as covered by 'fair dealing') any of the depictions used
by the Government. For original depictions, ie maps created by the team, on
the contrary, it will be the Government infringing on Wikipedia's license,
if it then uses (ie not 'fair dealing') any of the map forms on Wikipedia.


*It is important, therefore, that the maps, even if depicted dynamically, do
not result in being able to extract the database itself. I know this might
contradict my previous stand that a temporally dynamic map would be very
valuable, and probably much more useful than the CA website, in some
circumstances, but perhaps some care could be taken to prevent reverse
analysis of the map.

Finally, I think we can perhaps look at Sec 17 (d) and (dd), as to whether
data gathered by the Government constitutes a copyrightable work. I rather
think that only the 'forms' in which that data is displayed/published can be
considered a copyrightable work under the Act, and not the work undertaken
in gathering the data. When you read the sections relating to architectural
works, it seems very clear that only the finished artistic form can be
copyrighted.

I was thinking (as a last resort) of a public challenge (again, something
that only the WMI chapter might choose to consider) of the implicit
assumption that publicly paid for works can be 'privately' copyrighted by
the Government, but really, I think we do not even need to go there. Since
it has already been published, I cannot see anything else fundamentally
wrong with the claimed copyright that Abhilash quoted, but I put it that it
does not and cannot mean that creating maps independently on Wikipedia,
using the same data in whole or in combination with other data, can be
considered an infringement.



 Thank you.

 Best,

 Gautam
 
 http://social.prathambooks.org/




 On 8 June 2011 05:17, Vickram Crishna vvcris...@radiophony.com wrote:
 
 
  On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org
 wrote:
 
  On 8 June 2011 01:03, Vickram Crishna vvcris...@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 

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

2011-06-08 Thread Gautam John
Hi Ravi:

Personally, I am all for Fair Dealing/Use activism but the problem has been
with the folk on Commons, no? That they keep deleting stuff?

Thank you.

Best,

Gautam

http://social.prathambooks.org/



On 8 June 2011 14:51, Ravishankar ravidre...@gmail.com wrote:

 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 gau...@prathambooks.orgwrote:

 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 vvcris...@radiophony.com wrote:
 
 
  On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org
 wrote:
 
  On 8 June 2011 01:03, Vickram Crishna vvcris...@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
 

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

2011-06-08 Thread Naveen Francis
Hi

I have send a mail to them; as always no reply from them.

Posted the same request on the wall of Census2011

http://www.facebook.com/Census2011

If you have fb account try to convey the same message on facebook wall;
then they will notice and respond back if we are lucky.
It has worked for few sites .

till then let us use this pdf as the base.

Thanks,
Naveen Francis


On 8 June 2011 14:54, Gautam John gau...@prathambooks.org wrote:

 Hi Ravi:

 Personally, I am all for Fair Dealing/Use activism but the problem has been
 with the folk on Commons, no? That they keep deleting stuff?


 Thank you.

 Best,

 Gautam
 
 http://social.prathambooks.org/



 On 8 June 2011 14:51, Ravishankar ravidre...@gmail.com wrote:

 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 gau...@prathambooks.orgwrote:

 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 vvcris...@radiophony.com wrote:
 
 
  On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org
 wrote:
 
  On 8 June 2011 01:03, Vickram Crishna vvcris...@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 

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

2011-06-08 Thread CherianTinu Abraham
Even I have tried to reach them on all these fronts and didn't work !

If the India chapter wants to help us on this, there is nothing more to make
a few like us very happy ! :)

Regards
Tinu Cherian

On Wed, Jun 8, 2011 at 4:05 PM, Naveen Francis navee...@gmail.com wrote:

 Hi

 I have send a mail to them; as always no reply from them.

 Posted the same request on the wall of Census2011

 http://www.facebook.com/Census2011

 If you have fb account try to convey the same message on facebook wall;
 then they will notice and respond back if we are lucky.
 It has worked for few sites .

 till then let us use this pdf as the base.

 Thanks,
 Naveen Francis



 On 8 June 2011 14:54, Gautam John gau...@prathambooks.org wrote:

 Hi Ravi:

 Personally, I am all for Fair Dealing/Use activism but the problem has
 been with the folk on Commons, no? That they keep deleting stuff?


 Thank you.

 Best,

 Gautam
 
 http://social.prathambooks.org/



 On 8 June 2011 14:51, Ravishankar ravidre...@gmail.com wrote:

 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 gau...@prathambooks.orgwrote:

 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 vvcris...@radiophony.com wrote:
 
 
  On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org
 wrote:
 
  On 8 June 2011 01:03, Vickram Crishna vvcris...@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
  

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

2011-06-08 Thread Naveen Francis
Hi Tinu,

How can chapter help in this ?

Thanks,
Naveen Francis

On 8 June 2011 16:25, CherianTinu Abraham tinucher...@gmail.com wrote:

 Even I have tried to reach them on all these fronts and didn't work !

 If the India chapter wants to help us on this, there is nothing more to
 make a few like us very happy ! :)

 Regards
 Tinu Cherian


 On Wed, Jun 8, 2011 at 4:05 PM, Naveen Francis navee...@gmail.com wrote:

 Hi

 I have send a mail to them; as always no reply from them.

 Posted the same request on the wall of Census2011

 http://www.facebook.com/Census2011

 If you have fb account try to convey the same message on facebook wall;
 then they will notice and respond back if we are lucky.
 It has worked for few sites .

 till then let us use this pdf as the base.

 Thanks,
 Naveen Francis



 On 8 June 2011 14:54, Gautam John gau...@prathambooks.org wrote:

 Hi Ravi:

 Personally, I am all for Fair Dealing/Use activism but the problem has
 been with the folk on Commons, no? That they keep deleting stuff?


 Thank you.

 Best,

 Gautam
 
 http://social.prathambooks.org/



 On 8 June 2011 14:51, Ravishankar ravidre...@gmail.com wrote:

 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 
 gau...@prathambooks.orgwrote:

 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 vvcris...@radiophony.com
 wrote:
 
 
  On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org
 wrote:
 
  On 8 June 2011 01:03, Vickram Crishna vvcris...@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 

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

2011-06-08 Thread Gautam John
So here's an idea.

The Government has promised some open data and maps next month:

http://articles.economictimes.indiatimes.com/2011-06-04/news/29620789_1_national-data-spatial-data-access

Maybe, what we can all do, is to collect examples of how and where openly
licensed content helps and we can build a case and see if and how we need to
use it once they announce this?

Thank you.

Best,

Gautam

http://social.prathambooks.org/
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Re: [Wikimediaindia-l] Administrative maps of India and states.

2011-06-08 Thread Vickram Crishna
On Wed, Jun 8, 2011 at 8:47 PM, Gautam John gau...@prathambooks.org wrote:

 So here's an idea.

 The Government has promised some open data and maps next month:


 http://articles.economictimes.indiatimes.com/2011-06-04/news/29620789_1_national-data-spatial-data-access

 Maybe, what we can all do, is to collect examples of how and where openly
 licensed content helps and we can build a case and see if and how we need to
 use it once they announce this?


Ummm... this is a positive move.

Of course it might be easier to collect examples of how closed licensed
content helps the common weal. We may be able to find an example, maybe even
two, probably in an out-of-print book, or perhaps a 2,000 year old parchment
scroll. :-) If we go back farther, then we just get stuck again in open
licensed content, such as Ashoka's edicts.



 --
Vickram
Fool On The Hill http://communicall.wordpress.com
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Re: [Wikimediaindia-l] Administrative maps of India and states.

2011-06-07 Thread Vickram Crishna
Broadly speaking, any data collected with the use of public funds cannot be
restricted for use from any member of the public.

Having said that, even copyrighted information may be free to use, after all
that is precisely what copyleft is. However, the use of copyleft is not
commonly applied to textual information other than manuals attached to or
related to copylefted software.

Given the lack of public discourse in the area of copyleft in India, I have
my doubts that the census data is copylefted. However, more information is
needed. Mere mention of copyright is insufficient to prevent its lawful use
and reuse for the public weal, without specifying the restrictions implicit
or explicit in the specific license.

If any government body objects to the use of census data for any purpose
relating to the public weal, I believe that there will be a strong case for
legal strictures against the Census of India.

On Tue, Jun 7, 2011 at 9:11 PM, CherianTinu Abraham
tinucher...@gmail.comwrote:

 Census website says :
 Material on this site subject to copyright unless otherwise indicated.

 I am particularly curious on how we would be able to use data from census
 website. I used 2001 census data as input data for my Indian villages pilot
 project on en.wiki. I was waiting for 2011 census data for further work
 which would be more updated and correct information. But the site says it is
 still copyrighted.

 Any legal experts?

 -TC

 On Tue, Jun 7, 2011 at 8:51 PM, Naveen Francis navee...@gmail.com wrote:

 Hi all,

 New maps for respective states can be created with following base.

 *Census Maps*
 http://www.censusindia.gov.in/2011census/maps/maps2011.html

 http://www.censusindia.gov.in/2011census/maps/administrative_maps/admmaps2011.html


 Kerala administrative maps already created by 
 Rajeshodayanchalhttp://commons.wikimedia.org/wiki/User:Rajeshodayanchalas 
 part of Malayalam
 Wikipedia Map 
 Projecthttp://commons.wikimedia.org/wiki/Category:Malayalam_Wikipedia_Map_Project
 .
 Please help us to translate the map to other indic languages via following
 tool  http://toolserver.org/~jarry/svgtranslate/


 http://commons.wikimedia.org/wiki/File:Kerala-administrative-divisions-map-ml.svg
 (Kerala administrative maps in ml)

 http://commons.wikimedia.org/wiki/File:Kerala-administrative-divisions-map-en.svg
 (Kerala administrative maps in en)

 Thanks,
 Naveen Francis

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 https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l



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

2011-06-07 Thread Gautam John
Sadly, the issue of Government copyright exists and is real. There is
no getting around it.

Thank you.

Best,

Gautam

http://social.prathambooks.org/




On 7 June 2011 23:22, Vickram Crishna vvcris...@radiophony.com wrote:
 Broadly speaking, any data collected with the use of public funds cannot be
 restricted for use from any member of the public.
 Having said that, even copyrighted information may be free to use, after all
 that is precisely what copyleft is. However, the use of copyleft is not
 commonly applied to textual information other than manuals attached to or
 related to copylefted software.
 Given the lack of public discourse in the area of copyleft in India, I have
 my doubts that the census data is copylefted. However, more information is
 needed. Mere mention of copyright is insufficient to prevent its lawful use
 and reuse for the public weal, without specifying the restrictions implicit
 or explicit in the specific license.

 If any government body objects to the use of census data for any purpose
 relating to the public weal, I believe that there will be a strong case for
 legal strictures against the Census of India.
 On Tue, Jun 7, 2011 at 9:11 PM, CherianTinu Abraham tinucher...@gmail.com
 wrote:

 Census website says :
 Material on this site subject to copyright unless otherwise indicated.
 I am particularly curious on how we would be able to use data from census
 website. I used 2001 census data as input data for my Indian villages pilot
 project on en.wiki. I was waiting for 2011 census data for further work
 which would be more updated and correct information. But the site says it is
 still copyrighted.
 Any legal experts?
 -TC

 On Tue, Jun 7, 2011 at 8:51 PM, Naveen Francis navee...@gmail.com wrote:

 Hi all,

 New maps for respective states can be created with following base.

 Census Maps
 http://www.censusindia.gov.in/2011census/maps/maps2011.html

 http://www.censusindia.gov.in/2011census/maps/administrative_maps/admmaps2011.html


 Kerala administrative maps already created by Rajeshodayanchal as part of
 Malayalam Wikipedia Map Project.
 Please help us to translate the map to other indic languages via
 following tool  http://toolserver.org/~jarry/svgtranslate/


 http://commons.wikimedia.org/wiki/File:Kerala-administrative-divisions-map-ml.svg
 (Kerala administrative maps in ml)

 http://commons.wikimedia.org/wiki/File:Kerala-administrative-divisions-map-en.svg
 (Kerala administrative maps in en)

 Thanks,
 Naveen Francis

 ___
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 Wikimediaindia-l@lists.wikimedia.org
 https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l



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 --
 Vickram
 Fool On The Hill

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

2011-06-07 Thread Gautam John
On 8 June 2011 01:03, Vickram Crishna vvcris...@radiophony.com wrote:

 OK. No offense taken. Your legal grounding is well established, as we all
 know.

Oh sorry - none meant! Apologies if it sounded otherwise.

 Can anyone please point me to the relevant link (for the census data,
 because the Census Authority is distinctly constituted at arm's length from
 the Government of India)? I would like to review the pertinent restrictions,
 for this list.

http://copyright.gov.in/Documents/CopyrightRules1957.pdf

28. Term of copyright in Government work.- In the case of Government
work, where Government is the first owner of the copyright therein,
copyright shall subsist until [Sixty] years from the beginning of the
calendar year next following the year in which the work is first
published.

Where Government work is defined as:

(k) Government work means a work which is made or published by or
under the direction or control
of-
(i) the Government or any department of the Government;
(ii) any Legislature in India;
(iii) any court, tribunal or other judicial authority in India;

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.

Thank you.

Best,

Gautam

http://social.prathambooks.org/

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

2011-06-07 Thread Srikanth Ramakrishnan
I don't understand how the results of how many people are literate and/or
married in a locality cann be copyrighted.
Rsrikanth05
Sent from my Motorola L9. Please excuse spelling errors.

On Jun 8, 2011 1:03 AM, Vickram Crishna vvcris...@radiophony.com wrote:

On Tue, Jun 7, 2011 at 11:25 PM, Gautam John gau...@prathambooks.org
wrote:

 Sadly, the issue o...
OK. No offense taken. Your legal grounding is well established, as we all
know.

Can anyone please point me to the relevant link (for the census data,
because the Census Authority is distinctly constituted at arm's length from
the Government of India)? I would like to review the pertinent restrictions,
for this list.

It may also make for an interesting Wikipedia page, I think, or additions to
an existing page, on the copyrightability of public information.

 On 7 June 2011 23:22, Vickram Crishna vvcris...@radiophony.com wrote:


   If any government body objects to the use of census data for any
 purpose
   relating to the pu...

   On Tue, Jun 7, 2011 at 8:51 PM, Naveen Francis navee...@gmail.com
 wrote:
  
   Hi all,
 ...

-- 

Vickram
Fool On The Hill

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

2011-06-07 Thread Abhilash S Unni
Does this help.

http://censusindia.gov.in/Footer_Menus/Disclaimer.html

http://censusindia.gov.in/Footer_Menus/Disclaimer.htmlThe site mentions
that

quote

*Copyright:*

Material on this site subject to copyright unless otherwise indicated. The
material may be downloaded without requiring prior permission. Any other
proposed use of the material is subject to the approval of ORGI - New Delhi.
Application for obtaining permission should be made to ORGI, New Delhi

unquote


Regards

Abhi

On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org wrote:

 On 8 June 2011 01:03, Vickram Crishna vvcris...@radiophony.com wrote:

  OK. No offense taken. Your legal grounding is well established, as we all
  know.

 Oh sorry - none meant! Apologies if it sounded otherwise.

  Can anyone please point me to the relevant link (for the census data,
  because the Census Authority is distinctly constituted at arm's length
 from
  the Government of India)? I would like to review the pertinent
 restrictions,
  for this list.

 http://copyright.gov.in/Documents/CopyrightRules1957.pdf

 28. Term of copyright in Government work.- In the case of Government
 work, where Government is the first owner of the copyright therein,
 copyright shall subsist until [Sixty] years from the beginning of the
 calendar year next following the year in which the work is first
 published.

 Where Government work is defined as:

 (k) Government work means a work which is made or published by or
 under the direction or control
 of-
 (i) the Government or any department of the Government;
 (ii) any Legislature in India;
 (iii) any court, tribunal or other judicial authority in India;

 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.

 Thank you.

 Best,

 Gautam
 
 http://social.prathambooks.org/

 ___
 Wikimediaindia-l mailing list
 Wikimediaindia-l@lists.wikimedia.org
 https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
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Re: [Wikimediaindia-l] Administrative maps of India and states.

2011-06-07 Thread Vickram Crishna
On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org wrote:

 On 8 June 2011 01:03, Vickram Crishna vvcris...@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

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

2011-06-07 Thread Gautam John
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 vvcris...@radiophony.com wrote:


 On Wed, Jun 8, 2011 at 1:13 AM, Gautam John gau...@prathambooks.org wrote:

 On 8 June 2011 01:03, Vickram Crishna vvcris...@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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