Hi Srikanth,
I didnt quite understand what you meant by example.
An example for a work which is in public domain in India and not in US -
Works by Changampuzha Krishnapillai (
http://en.wikipedia.org/wiki/Changampuzha_Krishna_Pillai ).
He passed away in 1948, and hence it is 65 years after the author's death.
So the books are copyright-free in India as of now (in pubic domain).
But they

   1. were not published before 1923
   2. were not in the public domain in India as of 1 January 1996 ( because
   criteria of "60 years after author's death" not satisfied on 1996)

Hence they are not in public domain according to US Laws. So we cannot
store them in US servers.

The main problem is India considers copyright based on date of author's
death and US does it based on date of publication.

Regards,
Balasankar C



2013/5/10 Srikanth Ramakrishnan <srik.r...@wikimedia.in>

> Hi Balasankar,
> Can you point out specific instances and show when and where the book or
> publication was first published? If the works are still copyrighted in
> India, then they should be copyrighted in the US as well, generally
> speaking. The term India awards to creators is lesser than the one provided
> in the US under copyright laws.
> Regards,
>
>
> On Thu, May 9, 2013 at 10:31 PM, Balasankar Chelamattath <
> c.balasan...@gmail.com> wrote:
>
>> Hi all,
>> As most of you know, the Indian copyright law says that a book gets
>> relieved of copyright after 60 years from the author's death. But this is
>> not the case with US Law. As given 
>> here<https://upload.wikimedia.org/wikipedia/commons/9/9b/Copyrightterm.pdf>, 
>> of all the works published outside US, only those published before 1923
>> are directly in the public domain. The ones published between 1923 and 1977
>> without compliance to the US formalities will be in the public domain only
>> if they are in the public domain in their source country as of 1 January
>> 1996. Almost all the other categories of published works will not be in the
>> public domain until 95 years after publishing.
>>
>> This induces a confusion and when looked in a legal perspective, most of
>> the books in Indian Wikisources, are still not in public domain and hence
>> must be removed. This makes a huge negative impact on the hard work done by
>> contributors. Their contributions are wasted which may cause them to stop
>> contributing. In short, this may be a negative impact on Wikimedia's image
>> in the society.
>>
>> The only solution to this problem is to *host the servers of Indian
>> Wikimedia services in India*, so that the data we upload is stored under
>> Indian Laws. Can Wikimedia India Chapter do anything on this? We can plan
>> and conduct a fundraiser in India to raise money for the hosting expenses.
>>
>> Please consider this issue with maximum priority as it involves legal
>> procedures and related headaches.
>>
>> Regards,
>> Balasankar C
>> https://ml.wikisource.org/wiki/User:Balasankarc
>> Regards,
>> Balasankar C
>>
>>
>> _______________________________________________
>> Wikimediaindia-l mailing list
>> Wikimediaindia-l@lists.wikimedia.org
>> To unsubscribe from the list / change mailing preferences visit
>> https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
>>
>>
>
>
> --
> Srikanth Ramakrishnan
> Treasurer,
> Wikimedia Chapter [India]
>
> Donate to the Wikimedia India Chapter 
> today<http://wiki.wikimedia.in/Donations>
>
> _______________________________________________
> Wikimediaindia-l mailing list
> Wikimediaindia-l@lists.wikimedia.org
> To unsubscribe from the list / change mailing preferences visit
> https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l
>
>
_______________________________________________
Wikimediaindia-l mailing list
Wikimediaindia-l@lists.wikimedia.org
To unsubscribe from the list / change mailing preferences visit 
https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l

Reply via email to