Wikisource:Copyright discussions

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Copyright discussions
This page hosts discussions on works that may violate Wikisource's copyright policy. You may join any current discussion or start a new one.

Note that works which are a clear copyright violation may now be speedy deleted under criteria for speedy deletion G6. To protect the legal interests of the Wikimedia Foundation, these will be deleted unless there are strong reasons to keep them within at least two weeks. If there is reasonable doubt, they will be deleted.

When you add a work to this page, please add {{copyvio}} after the header which blanks the work. If you believe a work should be deleted for any reason except copyright violation, see Proposed deletions.

If you are at least somewhat familiar with U. S. copyright regulations, Stanford Copyright Renewal Database as well as University of Pennsylvania's information about the Catalog of Copyright Entries may be helpful in determining the copyright status of the work. A search through or Google Books may also be useful to determine if the complete texts are available due to expired copyright. Help:Public domain can help users determine whether a given work is in the public domain.

Quick reference to copyright term



PD-EdictGov New Start[edit]

See Wikisource:Possible copyright violations/Special discussion for pages tagged as PD-EdictGov Jeepday (talk) 14:54, 13 January 2015 (UTC)

Bump. See [1]. CopyVio? --Elvey (talk) 20:33, 21 April 2016 (UTC)
Bumpety bump. Sentencing_Statement_of_Tarek_Mehanna:CopyVio?--Elvey (talk) 00:48, 26 April 2016 (UTC)

Karl Marx translations[edit]

The following discussion is closed and will soon be archived: deleted some, kept some, replaced some with PD translations —Beleg Tâl (talk) 16:57, 4 January 2017 (UTC)
In light of [2], I did a quick check of his works here, and it's not looking very good. See Author_talk:Karl_Marx#Copyrighted_translations. I'll leave it to regulars here to contact the authors and do more digging. --Piotrus (talk) 07:14, 26 May 2014 (UTC)
You added this list:

The first one checks out as public domain, so I'll risk dealing with all six of them at a time here.

  • Wages, Price and Profit (1910): PD-1923.
  • On Landed Property depends on first publication date (Lawrence and Wishart publication) About five paragraphs long.
    • Collected Works says of this work and another, "In English they were first published in full in The General Council of the First International. 1868-1870, Moscow, 1966. p. 392." There is also a 1964 work (the earliest of GoogleBooks and InternetArchive) about the same General Council in Google snippet view (presumably a partial publication). So either way a URAA like Das Kapital vol. 2. ResScholar (talk) 20:27, 20 June 2014 (UTC)
  • Critique of the Gotha Programme (1908): PD-1923; The 1908 version has some slight differences.
  • Das Kapital Volume Two (1975) probably Lawrence and Wishart. It doesn't matter much because only a few small pieces of it were ever added to Wikisource.
    • Progress Publishers, Moscow 1956, translated by I. Lasker; that makes it a URAA restoral if the Soviet Union was a pma-50 (or more) country, because Russia would have continued the pma-50 (or more) by 2006 surely.
  • Mr. George Howell’s History of the International Working-Men’s Association claim it's from an 1878 translation.
  • Theses on Feuerbach (trans. Progress Publishers, 1946) 2007 public domain release by Carl Manchester.

ResScholar (talk) 08:34, 26 May 2014 (UTC)

If we don't want to do any more research, we can remove numbers two and four and correct #3. ResScholar (talk) 10:11, 26 May 2014 (UTC)

  • Selected Essays by Karl Marx: Published by Leonard Parsons, London, 1926. Translator died after 1950. Also a URAA restoral, so I move for removal. False information on translator field and copyright template.

ResScholar (talk) 07:04, 5 June 2014 (UTC)

There may be no false information in the copyright template. The work was published in New York the same year by a different publisher: what eventually became a sister firm of London's Lawrence and Wishart that was called International Publishers. Unknown how the one month rule applies here. If it was less than a month, the template is good enough as it applies even to never-registered works for all the stronger reason. If it was more than a month, it's a URAA restoral case. ResScholar (talk) 08:32, 5 June 2014 (UTC)

I've deleted On Landed Property per the notes above. Das Kapital Volume Two has already been deleted and re-created from a different source. Selected Essays by Karl Marx may or may not be copyvio based on the above discussion of the one-month rule; I'd wager there's no way to find out whether it's copyvio or not, so should it be deleted? —Beleg Tâl (talk) 18:27, 31 October 2016 (UTC)
NVM, apparently {{PD-URAA-same-year}} exists, so I have tagged it with that and left it alone. —Beleg Tâl (talk) 22:06, 1 November 2016 (UTC)

27 December 2009 Commentary by John Yettaw[edit]

There is a permission for this text to publish it under GFDL-1.3 license in OTRS that was rejected by an OTRS agent as incompatible with current WMF licensing policy. When the text was uploaded and the permission sent, CC-BY-SA was already the required license for any text contribution. So I think, this text should be deleted. Ankry (talk) 19:02, 22 October 2014 (UTC)

Does Wikisource not allow GFDL-only works? It is still "free", and while I can understand the restriction about importing portions of GFDL works in editing mode, Wikisource is more about simply storing the entire source document without change. I believe Commons still allows GFDL-only images (though highly discourages them). If an external work happens to be GFDL though, I'm not sure why we would not be allowed to host it. Obviously, we can't take the text and use it in a Wikipedia article, but we should be able to reference it. It is different than an original contribution. Now... I'm not sure about scope here. It looks like the source is a comment on a message board originally. Carl Lindberg (talk) 17:18, 24 October 2014 (UTC)
Terms of use and earlier Terms of Use (2009) point out that no text contribution that is GFDL-only should be made to any Wikimedia project on or after June 15th, 2009. I am seriously interested in any policy interpretation that allows Wikisource GFDL-licensed uploads after that date (if anybody can point it out).
Also it is curious that this text has "OTRS pending" status for over five years... The OTRS ticket concerning this text is ticket:2010010610000422.
Ankry (talk) 20:52, 26 October 2014 (UTC)
Those are the terms of use for active users of the site. It makes perfect sense for any amount of text on most any Wikimedia site, as it gets edited etc by multiple editors and the GFDL derivative work provisions make it an impossible license to work with. Same with comments like this one. But, stand-alone works are very different. Commons still allows individual images to be GFDL (as those do not create derivative work problems with text). For something like Wikisource, for works which are naturally GFDL with external sources, I don't see how those are bound by the terms of use. We are not into creating derivative works here; we just want to host the unaltered original text. It's still free. Granted, you can't copy/paste from those works into Wikipedia articles or Wikiversity texts, but ... they can certainly be referenced and there is probably a good amount of material out there which is very relevant. Say, Free as in Freedom. I do have scope concerns on this work, and if the OTRS is not valid then of course even the GFDL license is not true (I don't have OTRS access so I have no idea). But I don't see the point in banning individual GFDL works from Wikisource; we are hosting external works, not doing any collaborative editing. Carl Lindberg (talk) 01:27, 28 October 2014 (UTC)
OTRS ticket might be valid if GFDL was still accepted after 15.06.2009. But as I noted above, the permission was rejected basing on the WMF licensing rules. Maybe an OTRS agent with better knowledge about enwikisource licensing could look into the ticket? @Billinghurst:?
@Clindberg: I 100% agree that accepting GFDL would not be here such a problem as it would be for Wikipedia (maybe except potential problem with translating GFDL-licensed texts by wikisourcians). But such exception for Wikisource is not reflected in the official WMF policy. IMO, the current policy is clear here: we can upload GFDL-licensed scans, but we are not allowed to upload any GFDL-licensed text after 15.06.2009. I see no differentiation between stand-alone uploaded works and on-wiki created works in the policy. Policy just says about texts. Or am I missing something?
Ankry (talk) 10:13, 30 October 2014 (UTC)
OTRS permissions is one for @Jeepday, @JeepdaySock:billinghurst sDrewth 11:12, 30 October 2014 (UTC)
Maybe we can email back and see if the work can be relicensed. — billinghurst sDrewth 11:20, 30 October 2014 (UTC)
I guess those are the terms of use -- the text may be validly licensed that way, and the author is not subject to the terms of use, but technically a user here cannot import that under those terms. It is nonsensical to me though that we would allow scans like that but not be able to transcribe them -- the copyright on the scan is the exact same as the copyright of the text. Can such scanned PDFs not have a text layer in them? Projects are allowed to have an EDP (an exemption to the regular licensing rules which makes more sense for their project). Those are normally used to allow non-free works, which Wikisource could never do, but maybe this situation is one area which may make more sense. To me, the terms of use was written for the collaborative text situation (which is true just about everywhere else on Wikimedia projects), but Wikisource is a bit unique in that aspect. I do guess that earlier uploaded GFDL works were allowed to be cross-licensed with CC-BY-SA (did we ever go around and change the licenses?) which could make a difference in that the text could be copied over as part of other projects. But I'm not sure it makes any sense to restrict Wikisource to only PD, CC-BY, and CC-BY-SA works. Carl Lindberg (talk) 15:59, 2 November 2014 (UTC)

The sentence of wmf:Terms of Use (2009) that is relevant is "Furthermore, please note that you cannot import information which is available only under the GFDL." So 27 December 2009 Commentary by John Yettaw is a clear Terms of Use violation by Justmeherenow (talkcontribs) ;-) I say that tongue in cheek, as clearly there is no intent to harm, and the usual Wikimedia content licensing situation doesnt apply to Wikisource as the original content being reproduced is not user-generated, and the original text is not amended on Wikisource, and there isnt much else to copyright here. However we do have a problem also with all content in Category:GFDL, especially anything imported after November 1, 2008 and extremely especially after the relicensing clause expired on August 1, 2009. (see ). This was never properly resolved on Wikimedia Commons either, as many photographers refused to accept automatic dual licensing migration of their GFDL-only high resolution photos. See c:Category:GFDL. Because Commons is large and those photographers very vocal, they have pretty pictures, and they had very good arguments too (like preferring to trust FSF than WMF), this resulted in a text vs images distinction in the ToU, licensing upgrade tricks, etc. The WMF simply didnt want to tackle more than they could chew, so they allowed GFDL photos, but not text, even thought the GFDL is almost ridiculous when used for stand-alone photos, but it is certainly designed for primarily textual works with only media supporting the text.
In short, the terminology distinction between images and text in the Terms of Use is silly, especially on Wikisource, and needs to be revisited. Editing images is the same as editing text, it is only the ease and volume of edits that differs. We should treat our faithful reproductions (facsimile) as 'Non-text media' in the ToU - they are not creative works intended to be gradually improved over time by the community.
If anyone feels particularly strongly about the problem with GFDL texts wrt the ToU, we could call GFDL textual works 'non-free' (irony alert) and create an Exemption Doctrine Policy (see especially meta:Non-free_content#Wikisource) to bypass the Wikimedia licensing policy. I'd be happy to lead that effort, rather than accepting the sheer stupidity of having GFDL scans permitted on Commons that we are legally not allowed to transcribe. John Vandenberg (chat) 07:55, 21 April 2016 (UTC)


I can't believe {{PD-Russia}} has been outdated for like 7 years, as the rules specified there were retroactively rescinded by Part 4 of the Civil Code, in effect from 2007, which specifies a 70 year protection term.

The current year however is a critical point for the Russian copyright term, since the implementation law 231-FZ specifies that new 70-year term only applies to works that were not in the public domain by January 1, 1993 using a shorter copyright term of 50 years (yes, a different term). And both the current 70-year term and the shorter 50-year term are extended by 4 years if the author fought in the war of 1941-1945 or worked during this period (which in practice applies to any adult that wasn't a convicted criminal).

The combined effect of these provisions means that as of 2014 publiic domain rules amount to the following:

  1. Works published before January 1, 1943 (i.e. 71 years ago) - if published anonymously/pseudonymously, or specicific compilation works such as movies, periodicals and complilations published by a state corporation
  2. Most importantly, works authored by a person who died before June 22, 1941 - otherwise, the 50-year protection wouldn't expire by January 1, 1993, because everyone who was fighting or working during the Eastern Front war of 1941-1945 is granted an extension of 4 years and so their works were NOT in public domain by 1993 and their copyright will only expire starting on January 1, 2015 (Life + 74 years).
  3. The exception is posthumous rehabilitation of those purged during the Great Terror or otherwise unlawfully prosecuted, in which case the protection term is counted from year of rehabilitation + 70 years.

I suggest that someone fluent with US public domain rules should look into combined effects of these regulations.

The important borderline case seems to be Leon Trotsky, who is served under a bizarre set of public domain rules:

  1. His works published before October Revolution are in public domain, since Russia does not recognize the laws of the Russian Empire and so it does not offer protection for works published there;
  2. English translations of his Russian Empire-era works are in public domain if published by 1923;
  3. His works published after November 7, 1917 are protected until 2072, because he was legally rehabilitated in 2001 for being exiled from the Soviet Union in 1928;
  4. English translations of his later Russian works are therefore not in the public domain anymore;
  5. The above list is probably not complete, as for example it is open to question whether his works published after 1928 should be protected under Russian laws or US laws (though I would submit to opinion that they are protected, because by rehabilitation he regained his Russian citizenship).

Though incomplete, W:Copyright law of Russia, W:Copyright law of the Soviet Union#Transition to post-Soviet legislation in Russia and W:Copyright law of the Russian Federation could be a good start. --DmitryKo (talk) 07:58, 11 December 2014 (UTC)

The English Wikisource holds works that are in the public domain in the US. I can't see where the changes would affect us at all; the US only cares about the law in effect in 1996 for the rule of the shorter term type stuff.--Prosfilaes (talk) 03:55, 14 December 2014 (UTC)
Being retro-active, these laws affect US status of a work. Works PD in 1993 (for authors who died before June 22, 1941) were obviously PD in 1996; Trotsky's post-1917 works, except those published pre-1923, are non-PD retroactively, so were not PD in 1996 retroactively, so not PD-US now, retro-actively. These laws need to be discussed here because the matter is relevant for this site. Hrishikes (talk) 04:52, 14 December 2014 (UTC)
No, they don't affect the US status of a work. The copyright might be resurrected in Russia, but that doesn't change anything in the US.--Prosfilaes (talk) 06:16, 14 December 2014 (UTC)
@Prosfilaes: I think that the discussion was about the template, not any specific works, though there was a suggestion about a review. If the template is wrong, we fix the template, if it is not needed then we delete it. If there any works that are affected by a change of the template, then we should review them. — billinghurst sDrewth 14:51, 28 December 2014 (UTC)
I don't believe these changes affect the copyright status of any work in the US. If it's about the template, copyright violations is not the right place to go; personally I don't think it worth our time to try and keep country-specific templates around, at least for non-English speaking countries.--Prosfilaes (talk) 02:23, 30 December 2014 (UTC)
@Prosfilaes: So you are in favour of deletion of the template? And you are suggesting that all foreign language templates should be deleted and we should rely on US framework only? — billinghurst sDrewth 08:32, 2 January 2015 (UTC)
Yes, I'm in favor of deletion of the template. I think we should have life+n templates, but I don't believe it's productive for us to try and chase every law in the world. We should speak in specifics on the bibliographic details, but not the legal ones where we don't have to.--Prosfilaes (talk) 15:39, 18 January 2015 (UTC)
IMO currently the main point regarding this template and those changes of Russian copyright laws, is (keeping in mind that this is about URAA restorations):
  • do US copyright laws recognize the retroactivity of those changes made in Russian laws after URAA date 1/1/1996,
  • or the US ignores that retroactivity and regards Russian copyright legislatory as of URAA date 1/1/1996 only?
The text of Uruguay Round Agreements Act/Title V does not give any clues for assumption that the US takes in account possible retroactivity of all the changes made in the laws of the other country. IMO it is more likely that the US simply ignores this retroactivity - i.e. as Prosfilaes said above: "The copyright might be resurrected in Russia, but that doesn't change anything in the US."
@Hrishikes: do you have some evidences to prove your point in your statement "Being retro-active, these laws affect US status of a work."? What is that your opinion based on? --Nigmont (talk) 17:33, 24 March 2015 (UTC)
Subsequent changes in foreign law do not affect the U.S. copyright status. The URAA was a one-time event, and the only question is whether the works were actually PD on that date per the law in effect at the time. The U.S. does not use the rule of the shorter term nor the rule of the longer term; for countries which do, then foreign law changes can affect the domestic copyright status. The U.S. however uses its own copyright terms regardless if it is a foreign or domestic work; this might be shorter or longer than the term in the country of origin since (for works published before 1978) the term is based on date of publication, not date of death. The URAA was a one-time requirement due to joining the Berne Convention, which forbids loss of copyright due to lack of formalities (such as notice and registration); thus the U.S. was required to restore any such works of foreign Berne signatories. The Berne Convention allows the use of the rule of the shorter term though, so works PD in the country of origin on that date were not required to be restored, and the U.S. took advantage of that to not restore those works -- thus the impact of foreign law into this process. But once the URAA date passes, the U.S. copyright status does not change regardless of what happens to the law in the foreign country -- either shortening or lengthening terms will not affect the U.S. terms. I guess the big reason for the country-specific templates on Wikisource would be to identify the URAA source country and document that works were in fact PD on the URAA date; some countries can have special interactions. For Russia, they had a 50pma term in 1996, though they had a four-year extension for participants in the Great Patriotic War, which could come into play. Russia's non-retroactive change to 70pma in 2003 and retroactive change in 2008 has no effect here, and I'm not sure we should be documenting more recent changes other than as a courtesy, since nationals of that country might have more of an interest. But the law as of the URAA date is more directly relevant to Wikisource and PD status. Carl Lindberg (talk) 08:32, 26 March 2015 (UTC)
Carl — thank you very, very, very much for your detailed explanation! The fact that URAA restoration does not recognize the changes of Russian laws made after the URAA date, is excellent for me, really. Just I am engaged in searching some literature written in languages of minor nations of Russia, for publishing that literature on the multilingual Wikisource which does obey US laws only and does not obey the Russian Federation laws. And the facts, that you so kindly explained above, broadens the scope of works free of copyright restrictions according to US laws and so far allowed to be published there.
About what to do with template PD-Russia. Of course this question is up to the discretion of community of the English Wikisource, but I would propose to keep this template and continue using it, with some updates having been done to it. I think, the template should be updated in such way that it would reflect those Russian copyright laws only, which were in action on the URAA date 1/1/1996; and all other laws which started their existence later, should be dropped from the template text, including: the laws about extension of term from 50 to 70 years; and the law about use of rehabilitation date for repressed authors. The reasons to do such cut off in the template text are (partly were explained in comments above by other users):
  1. The Russian laws which were enacted later than URAA date, are not in use for evaluating the copyright status in Russia as of URAA date, but only this status is taken in account to detect US copyright status;
  2. To keep track on any changes of copyright laws of all countries (including Russia) is not an easy task, such job is not productive to be carried on by en-wikisource users; if considering to watch Russian laws only, or laws of some selected countries including Russia, and to ignore all others coutries — there are not any reasons to do so because there are no countries being so privileged to get special care for their copyright laws;
  3. Even if any volunteers (e.g. of Russia's nationals) might be found, which would watch all changes being made in Russian laws and update the template timely — even in that case I think that the content of the template should be cut to contain the laws enacted on URAA date only. Because the set of Russian laws on URAA date is more simple, and the succeeding Russian laws have made the things to be more complicated; also a user would be ought to somehow distinguish which laws were applicable on the URAA date and which were not (in the case when all the current Russian laws were included in the template and the user were in need to evaluate real copyright status according to template text). Keeping URAA-date enacted laws only would make much more easy for any en-wikisource user to evaluate, whether some particular work of Russian descent is not falsely tagged by PD-Russia template when it is used on the page of that work.
Also, I think, a special note could be added at the end of PD-Russia — a note alike indicating (to a reader of the template text) that real Russian copyright status of the work might be changed from PD, because it is known that some changes have passed to Russian copyright laws after URAA date; and also special proposal may be added — for users of specific interest to Russia's copyright status — to refer to the Russian Civil code in order to exactly determine (if they want) whether this work currently is in PD in Russia or not. --Nigmont (talk) 21:01, 26 March 2015 (UTC)

My apologies to all the community, because I might bring someone to confusion (though I had get confused myself before): recently I found that the sentences about using rehabilitation date as the basis, were already present in the Russian Federation law 09.07.1993 № 5351-1, article 27; I just missed that phrase when I looked through the text (and the circumstance that the point about rehabilitation was not mentioned in the old version of the template also added to my confusion). So it becomes, that the rehabilitation usage in Russian copyright laws was already in force on URAA date (it was 1/1/1996, and that law was applied since 09.07.1993), and should be accounted in the "restoration of copyright" of USSR-published works in the US. --Nigmont (talk) 22:44, 3 June 2015 (UTC)

What would be the conclusion about the URAA date of 1/1/1996 and how would apply to Leon Trotsky for example - if his works were PD in Russia on that date, does it mean they would remain PD in the US forever and there would be no retroactive changes, as Carl Lindberg assumes? What happens to the works which were still protected on 1/1/1996 but which entered public domain in Russia before July 2004 - would retroactive extension to 70 years or any posthumous restoration of copyright apply to copyright status of these works in the US, as Nigmont assumes? DmitryKo (talk) 22:17, 28 May 2016 (UTC)
Note that the law №5351-1 of 1993 does contain the provision for an extended copyright term for those authors who fought in or worked during the Great Patriotic War (the Eastern Front of June 22, 1941 - May 9, 1945). Any author who complies with the requirement is awarded an extension of 4 years for a total copyright term of 54 years - and that should be just about any author who was born before May 1929, considering legal working age of 16 years.
Which means that most works assumed to enter public domain on January 1, 1993 were actually still protected, because any author who died after June 22, 1941 enjoyed a protection term of 54 years, not 50 years, and such works would be protected until at least January 1, 1996 (January 1 of the year following death + 54 years).
As a side effect, this also means that both the federal law 20.07.2004 №72-FZ (a 2004 revision to the law 5351-1) and the Civil Code Part 4 of 2006 retroactively applied the term of 74 years to works by authors who were born before May 1929 and died on or after June 22, 1941, because the 50 (54) year copyright term for their works did not expire by January 1, 1993, as required by the Article 6 of the Russian Federation law 18.12.2006 №231-FZ (the implementation law for the Civil Code Part 4) for the 70 (74) term to be in effect. Only those authors who were born after May 1929 would be protected for life + 70 years, because they were most likely too young to work or fight in the war, but their life expectancy would mean their copyright would not expire until at least 2020s, and most likely well into 2050s to 2080s.
As a result, we have a uncertainty gap from January 1996 to July 2004, when works by authors who died in 1941-1950 gradually entered public domain, but then their copyright was restored because of the retroactive provisions in the 2004 revision of the 1993 law and the 2006 Civil Code law which effectively increased protection term to 74 years. DmitryKo (talk) 22:17, 28 May 2016 (UTC)
Leon Trotsky is not the best example, as he lived in Mexico at the time of his death and was working on works for American publishers, where the URAA might not apply at all.
Russian works that were PD in the US and Russia on 1/1/1996 are still PD in US, no matter what Russian laws changed. Russian works that were under copyright in Russia on 1/1/1996 are under copyright in the US for the same time as a US work; e.g. 95 years from publication for works published between 1923 and 1978.--Prosfilaes (talk) 23:00, 28 May 2016 (UTC)

Someone care to create OPL3 and curate[edit]

The following discussion is closed and will soon be archived: done —Beleg Tâl (talk) 16:58, 4 January 2017 (UTC)
I see that the UKGov is now up to OPL3 and we are still at OPL1. If someone has the time it would be great if we could do a review of our licensing in that space and see what is the the best means to have our licences. We may wish to disamigbuate our licenses, or just update, or build some redundancy into the existing template for the versions that we need. — billinghurst sDrewth 00:42, 31 December 2014 (UTC)
Yes check.svg Done : moved {{OPL}} to {{OPL1}} and updated links, and created {{OPL3}}. Is there anything further to be done here? —Beleg Tâl (talk) 15:33, 4 October 2016 (UTC)

Tolstoy on Pascal[edit]

The work seems to be part of the Complete Works of Tolstoy/Tolstoi/Tolstoï (see work talk page), though the volume is not metioned. I have been unable to determine which vol. though it states that it was published after 1923, though not whether it is a first or later edition. It would be great if someone caould work out which vol the work came. — billinghurst sDrewth 15:48, 9 January 2015 (UTC)

The reference for the text "Pascal" is: "The complete works of Lyof N. Tolstoï : Patriotism, Slavery of our times, General articles, New York: Carlton House, 1928, pages 382-390, - "copyright 1899, Thomas Y. Crowell & Co; copyright 1927, Nathan Haskell Dole; published 1928, Thomas Y Crowell; "Printed in the United States of America". There is no mention of any "volume" although indicated as "The complete works...". It is written on the cover of the blue book "Tolstoi's essays on life" (with the golden image of a man like the thinker by Rodin on a red background) and "World's great thinkers". AB, Qc unsigned comment by (talk) .
The copyright of 1927 is the relevant component for Dole's translations who died 1935. We need to know whether the work's copyright was renewed or not, as being copyright after 1923 makes it a different beast. The translations of Crowell that were published prior to 1923 with the 1899 works are in the public domain, it is the post 1899 works in the edition that have the other date. — billinghurst sDrewth 00:20, 10 January 2015 (UTC)
I can see
  • the work here though cannot see a full text from here
  • search for renewals of Dole for Tolsto~ which doesn't show any particular result, though shows other works by Dole of Tolstoi's
billinghurst sDrewth 01:03, 10 January 2015 (UTC)
I can also see a copy of the work at Hathi Trust. If we think that it is not copyright, a copy would be useful so that the this chapter of the work can be moved in situ. — billinghurst sDrewth 01:20, 10 January 2015 (UTC)

If this remark from the preface (p. viii) may help; "The translations in the present volume are due to several hands, but a large number of them have been made by Mr. Aylmer Maude of England who was a personal friend of Count Tostoï's and has been for years in immediate touch with his industrial, religious, and social activities. Many of the articles thus furnished have been from sources otherwise unattainable. N.D.H." - Thus Alymer Maude could be the translator of "Pascal" (1906). AB, Qc

Qc huh. Aylmer Maude doesnt appear to have any renewals in his name either, but wouldnt his post-1923 copyrights in the UK have been extended in the US due to URAA. Brain hurts. John Vandenberg (chat) 08:43, 21 April 2016 (UTC)

Index:The Aryans - A Study of Indo-European Origins.djvu[edit]

Australian author working in Britan (died 1957). So despite not being renewed, this one might possibly have been revieved by URAA. ShakespeareFan00 (talk) 12:45, 8 March 2015 (UTC)

Given the title page, I would assume that Alfred A. Knopf published it with in 30 days of the UK publication; someone could certainly check the original copyright registrations. If so, it was a work first published in the US for the purposes of US copyright law, and therefore wouldn't be revived by the URAA. Someone should probably move it from Commons, though.--Prosfilaes (talk) 13:37, 8 March 2015 (UTC)
Based on a quick search of Stanford and the USCO by last name, no renewals of this specific work are evident...other works by Gordon Childe pop up, but not this one. Also, a quick check of the copies of the 1926 and 1927 registers at the Internet Archive don't show an initial registration. Revent (talk) 03:32, 11 March 2015 (UTC)
(not to claim this was an authoritative search, a manual check of the renewals for the early-to-mid 1950's would be in order. Revent (talk) 03:37, 11 March 2015 (UTC)
  • Two questions:
  1. How would you find the exact date of publication? Without an exact date of publication, you won't be able to tell whether the first United States publication was within 30 days or not.
  2. Where does the 30-day rule come from? c:Template:PD-URAA-Simul says that the answer is given at w:WP:NUSC, but I can't find it there. 17 U.S.C. § 104 A only talks about countries other than the United States and only about publication in multiple countries on the same day, and doesn't mention any 30-day rule. The Berne Convention states that in the event that a work was published in more than one country within 30 days, the source country is the country with the shortest term, and "no renewal" is not a copyright term according to the French supreme court.[3] If a copyright term is defined in the same way in the United States, it would seem that you would instead have to determine whether the full US term of 95 years from publication is shorter than the British term of life+70 years, and restore the copyright if life+70 years is shorter. --Stefan2 (talk) 19:15, 17 March 2015 (UTC)
@Stefan2: The Berne Convention, article 3, subsection 4... "A work shall be considered as having been published simultaneously in several countries if it has been published in two or more countries within thirty days of its first publication."
17 USC 101.. "a work is a “United States work” only if—(1) in the case of a published work, the work is first published— (A) in the United States; (B) simultaneously in the United States and another treaty party or parties, whose law grants a term of copyright protection that is the same as or longer than the term provided in the United States; (C) simultaneously in the United States and a foreign nation that is not a treaty party;"
Also, 17 USC 104 (b)(6) "... For purposes of paragraph (2), a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as the case may be." Revent (talk) 21:28, 17 March 2015 (UTC)
As an even better explanation, after a bit of searching... from "ESTATE OF Gunter S. ELKAN v. HASBRO, INC., and its wholly owned subsidiary Milton Bradley Company (9th Cir. Dec. 3, 2007)"... "In order for a foreign copyright to restore an expired United States copyright, a published work must have been published first in the foreign country and "not published in the United States during the 30-day period following publication in such eligible country." Id. § 104A(h)(6)(D)" Revent (talk) 21:40, 17 March 2015 (UTC)
According to 17 USC 101, the source country depends on the length of the copyright term: USA is only the source country if USA has the shortest term. If the other country has a shorter term, then that country is the source country instead. This means that U.S. courts have to find out whether life+70 is shorter than publication+95 years in a lot of situations where less than 25 years have passed since the first publication of the work and the author still is alive. --Stefan2 (talk) 23:16, 17 March 2015 (UTC)
Indeed, but it is a point that would seem to be a bit moot in most cases, since the US does not, and has never had, a 'rule of the shorter term'... if the US is not the source country simply because the other country is a treaty partner with a shorter term, through 'bilateral recognition' the work is still entitled to the longer term in the United States under 104(b)(2), which allows for a foreign work published in a treaty partner to be protected under the US terms. If such works then lost US protection (because of a failure to renew, for example) they would normally then be eligible works under the URAA. Revent (talk) 01:09, 18 March 2015 (UTC)
Actually no, the U.S. does not use the definitions from the Berne Convention. The "source country" is the country of first publication (even if 1 day before another country); if even that is a tie then the source country is the one "with the greatest contacts to the work" (more of a common-sense definition). The URAA "source country" is analogous to the Berne "country of origin" but there are some differences, particularly in the simultaneous publication case. However, the URAA does take advantage of the 30-day publication window to claim such works as U.S. works, and those are not subject to URAA restoration (since they do not qualify as a "restored work" in the first place) so there is no need to identify a source country. This is the definition of restored work in 17 USC 104A(h)(6)(D). The "source country" is defined in 17 USC 104A(h)(8), but that only comes into play if something is a restored work to start with. There is no definition of source country in 17 USC 101, and the length of the copyright term elsewhere is irrelevant for U.S. status. Carl Lindberg (talk) 09:01, 26 March 2015 (UTC)
@Clindberg: Not certain if you were disagreeing with Stefan, or with me... I think it was with him, as regarding the 'source country' being dependent on the term of copyright... my point was that in such a case which country was the 'source' in such a case would be irrelevant... even if the US was considered the source in that situation (and you are correct that it would not) it would not make any effective difference, since it would get the US term anyhow through bilateral recognition.... a work can be treated as a "US work" even if the US would not be the "source country" (horrible terms, tbh). I was admittedly a bit vague about the difference between a work that has the US as the 'source country' and a 'US work' above.
And yes, it should be understood that 17 USC 104(c) explicitly states that no US copyright is dependent on the terms of the Berne Convention, but only on provisions of US law. My starting with the Berne Convention '30 day' rule was just a starting point, there are actually multiple '30 day rules', that all come down to 'simultaneous publication'. Revent (talk) 07:16, 3 April 2015 (UTC)
Yes, I was responding to Stefan, sorry. His statement looks to be quite wrong (which is strange for him). Carl Lindberg (talk) 23:35, 24 April 2015 (UTC)
  • This seems to be a fairly clear case of published in both country essentially simultaneously according to Template:OLC, front matter, etc., so it is a US work, and it was not renewed in the US making it PD US, but it may not be PD in the UK due to both author and editor and UK publishing, but that is a problem for Commons to care about...? John Vandenberg (chat) 09:03, 21 April 2016 (UTC)

Index:The International Code of Marketing of Breast-milk Substitutes.pdf[edit]

Per Commons notice and note in work - "(C) World Health Organization 1981 Publications of the World Health Organization enjoy copyright protection in accordance with the provisions of Protocol 2 of the Universal Copyright Convention. For rights of reproduction or translation of WHO publications, in part or in toto, application should be made to the Office of Publications, World Health Organization, Geneva, Switzerland. The World Health Organization welcomes such applications."

Nothing a request for OTRS wouldn't resolve though. ShakespeareFan00 (talk) 12:26, 18 March 2015 (UTC)

@ShakespeareFan00:, Given this is a widely used media file across Wikimedia projects, and doesnt have a high impact on English Wikisource, and we have ignored it for over a year!, Commons would be a better spot for a centralised discussion. John Vandenberg (chat) 03:47, 21 April 2016 (UTC)

Deletion nominations at Commons for PD-UN work post 1984[edit]

The following file are at Commons and have been nominated for deletion. They had been labelled PD-UN here though it seems that Commons is of the opinion that {{PD-UN}} is not an acceptable licence for works published after 1984. We can let the deletions progress and this will affect the transcluded works, which we would need to either recover the underlying works back here, or we can delete these works too. Works effected are

Please make any comment about the files deletion nomination at c:Commons:Deletion requests/2015/06/04 (no. 215 and 216), please make any recommendation about our handling of transcluded works here. Access to the files an be via Portal:Kosovo. — billinghurst sDrewth 07:53, 6 June 2015 (UTC)

The entire premise for deprecating the UN tag is based on the "old" annex issuance which was superseded and then modified twice more. You can't argue with the Commons know-it-alls-unless-its-not-a-picture-of-a-cute-kitty it seems. fwiw Here's the history (as of 2015, Part V. p. 34) in short...
As for the docs listed above, all except the [last] OSCE one seem to qualify as in the public domain per ST/AI/189/Add.9/Rev.2 - I.2.(a) to me. -- George Orwell III (talk) 22:54, 6 June 2015 (UTC)
I will move them back to enWS. — billinghurst sDrewth 05:52, 7 June 2015 (UTC)
That will work fine for this list of false positives this week but unless the PD-UN template is restored to a legit status, I'm afraid this will be an ongoing circle-jerk with Commons. :( George Orwell III (talk) 10:24, 7 June 2015 (UTC)
Yeah, I'm of the opinion that ST/AI/189/Add.9/Rev.2 - I.2.(a) is a valid license. We'll see how the argument goes. Carl Lindberg (talk) 02:38, 15 June 2015 (UTC)
I am going to move the UN related docs back to enWS, and delete the OCSE works as they appear contrary to the conditions on the OCSE website. We can work out our matters with the UN works. If they delete we are covered, if they are kept, then we can delete. — billinghurst sDrewth 11:14, 15 June 2015 (UTC)

Many of them were kept at c:Commons:Deletion requests/Files in Category:Ombudsperson of Kosovo with the newly minted c:Template:PD-UN-doc, which I am guessing concluded the PD-UN deletion spree. Do we need a local copy of these media files? John Vandenberg (chat) 09:15, 21 April 2016 (UTC)

Garassyz, Bitarap, Türkmenistanyn Döwlet Gimni[edit]

This ancient page has no license, either for the original work or the translation. The translation may have come from Wikipedia, but that doesn't absolve us from correctly attributing its source, and Turkmenistan is a new nation, so the original might well still be under copyright. (There's also some questionable recent changes which should be checked if this is kept.)--Prosfilaes (talk) 09:42, 22 July 2015 (UTC)

Apparently the original lyrics were by w:Saparmurat Niyazov, who had references to himself in there, which were changed by the government after he died (along with deleting a couple verses and reordering others it looks like).[4] If the lyrics are part of national law, then {{PD-EdictGov}} might cover the original. Not sure where the translation came from though. I do find hits in this 2005 book... apparently published by the "State Pub. Service Turkmenistan". If that was an official translation of a "law".... PD-EdictGov might cover that too ;-) It's just snippet view, but the translation appears to be almost identical to the translation of the original we have on Wikipedia (though with a couple of differences... Turkmenistan, light and song of soul, Long live and prosper for ever and ever instead of Forever, the light and song of the soul, Long live and prosper, Turkmenistan!. That last one seems to point to a slightly different translation, though the rest seems there word for word. Also appear to have some hits in this 2001 book (snippet view which doesn't even show the snippets), and those also seem to be the same as in this 2005 book (preview mode). The translation would not appear to be directly from Wikipedia though -- seems like they are all slight modifications of some common source. Carl Lindberg (talk) 20:39, 22 July 2015 (UTC) says "Please note that permission has been granted for all the anthems on this site to be used by anyone for any purpose (except the handful marked © to various individuals, noted above) for either educational non profit or commercial for profit." and they have a little more about CC at . On they have the same Turkmen lyrics and English translation, and has "This work is licensed under a Creative Commons Attribution 3.0 Unported License." in the footer. Personally I feel that is (barely) enough evidence, at least for the translations, if we do list them and their licensing information. If it isnt correct, we have someone to blame. ;-) However we can go one better, and open a line of communication with them (contact names, and form available also from the faq), to find out the finer copyright details of the various anthems they have. Could be a good joint project -- they have lots of scans, which we can import (not necessarily to English Wikisource) and validate the transcriptions that they have on their site (not that I expect they have any errors), but it seems like they would actually be appreciative of another set of eyes, and we can also build short descriptions for them to add to their website. John Vandenberg (chat) 01:56, 22 April 2016 (UTC)

commons:Template:PD-TM-exempt says that state symbols and sign like anthem is not an object of copyright, but how about translation licensing?--Jusjih (talk) 21:29, 1 January 2017 (UTC)

Last Speeches to Judge Webster Thayer and Bartolomeo Vanzetti's Speech to the Court[edit]

Any thoughts on the status of this? Cheers, Captain Nemo (talk) 03:38, 3 August 2015 (UTC).

Not sure they are even copyrightable in the US (extemporaneous speech not previously written down), but even if they are they would be PD -- expired in Italy before the URAA date. (Italy switched from 50pma -- in reality an effective 55pma when counting wartime extensions -- to 70pma only after the URAA date.) Carl Lindberg (talk) 15:38, 22 August 2015 (UTC)
Italy is irrelevant here; Sacco and Vanzetti were American murderers. But I think it's pretty safe to say that however we cut it, they weren't copyrighted in the US. (Their letters were renewed, however.)--Prosfilaes (talk) 21:25, 22 August 2015 (UTC)
Whoops, my bad. But yes, probably not copyrightable in the first place then. Carl Lindberg (talk) 21:09, 24 August 2015 (UTC)
"Sacco and Vanzetti were murdered Americans", fixed that for you. unsigned comment by (talk) .
While I cant be certain yet, I believe these were included in The letters of Sacco and Vanzetti, edited by Marion Denman Frankfurter and Gardner Jackson Renewal R161508. I have no idea about registration/renewal of speeches from that era, but the default position in the modern era is that a speech is copyrighted once it becomes fixed, so either by the orator if they worked from prepared notes, or when the speech was transcribed. John Vandenberg (chat) 13:03, 21 April 2016 (UTC)

Versions of "Men of Harlech"[edit]

The following versions of "Men of Harlech" have no license information, and I could not discover their copyright status:

Beleg Tâl (talk) 21:17, 21 October 2015 (UTC)

Found some info on some of them. —Beleg Tâl (talk) 17:02, 24 March 2016 (UTC)
For Men of Harlech (Royal Canadian Hussars) the question becomes: does a public domain work become copyrighted by the change of a single word? Otherwise it is identical to Men of Harlech (Oliphant, 1862). —Beleg Tâl (talk) 13:47, 12 July 2016 (UTC)
Adding a single word is likely not enough for a (United States) copyright under 34 C.F.R. § 202.1(a) (nor, apparently, a copyright in the UK). In any event, adding new material to a public domain work gives you rights only in the new material you added; the rest of the underlying original work stays in the public domain. (The relevant language is found in Section 103(b) of the Copyright Act). Tarmstro99 14:50, 12 July 2016 (UTC)

Lord Lister and Sir Alexander Fleming[edit]

Is this PD? Year 1944, author died in 1974— Mpaa (talk) 20:36, 22 October 2015 (UTC)

I'm pretty sure the listed CC-BY license didn't exist in 1944 :) —Beleg Tâl (talk) 13:22, 30 October 2015 (UTC)
Yes, CC-BY-4.0 certainly did not exist in 1944. But the image hosted at Wellcome Libraries is under CC-BY-4.0: [5]

Library reference no.: External Reference from a slide presented by Sir V.Z.C.
Copyrighted work available under Creative Commons Attribution only licence CC BY 4.0

So, for this case and others in general, how is such a situation handled? What exactly is meant by "Copyrighted work" - the image they host, the print they got or the poem itself?—Vivrax (talk) 18:26, 30 October 2015 (UTC)
This situation I would assess as a locally held historical record granted by the author to the research body, which they have the rights. It is a slight jump that they have passed on the IP rights to the work, and would depend on any terms and conditions in the granting of the record to the archives, though that should be their assessment when they have released the documents under the licence. Should we worry about it and take it down due to that slight gap in knowledge, my opinion is no. Symbol keep vote.svg Keep. For any other work from the archive we should remain alert to the reviewing the licence on the work, as we have done here. — billinghurst sDrewth 21:54, 12 November 2015 (UTC)

Index:To the Victor Belongs the Spoils.djvu[edit]

Raised a concern here back in 2014. and not much happened since then.

Bringing it here, so that there is at least a disscussion.

The problem is the inclusion of 'third-party' images which are NOT necessarily under the same Creative Commons license as the text. ShakespeareFan00 (talk) 22:37, 30 January 2016 (UTC)

Australian photographs taken before 1955 are public domain now. Carl Lindberg (talk) 00:42, 31 January 2016 (UTC)
Wrong country: Wikisource is hosted in the United States, not in Australia. It says that the document was published in 1999, and if this was when the photographs were first published, then they will be unfree for several more decades in the United States. I can also not find any evidence that the Creative Commons licence claim for the text is valid. --Stefan2 (talk) 00:50, 31 January 2016 (UTC)
My recollection is that the uploader of the original PDF, which was then moved to Common and converted to DJVU because the PDF wouldn't display, said his contribution was CC. This probably need someone with admin access at Commons and English Wikisource to do trace back what the originals were linking to. ShakespeareFan00 (talk) 01:50, 31 January 2016 (UTC)
Australian photographs created before 1946 were public domain in Australia in 1996 and would not have been restored by the URAA in the U.S. It is unlikely that photographs taken from external sources would have been first published in that paper. If the Creative Commons license is not valid, that is another matter. Carl Lindberg (talk) 01:11, 31 January 2016 (UTC)
Australian photographs were in the public domain 50 years after the making of the negative, nothing to do with publication.section "Provisions as to photographs" Again having and researching an evidence base for any argument would be useful. — billinghurst sDrewth 01:40, 31 January 2016 (UTC)
When you state that something is in the public domain, you must also state in which country it is in the public domain. This is in particular important in countries which do not use the rule of the shorter term, such as the United States. No Australian photographs created before 1955 entered the public domain in the United States 50 years after creation of the negative. That's when the copyright expired in Australia, but USA uses different rules. --Stefan2 (talk) 02:06, 31 January 2016 (UTC)
The vast majority of such works expired in the U.S. when they were published without a copyright notice. Photos created 1946 and later could well have an issue though. Carl Lindberg (talk) 02:57, 31 January 2016 (UTC)
Right. Australian photographs which were published usually entered the public domain either immediately upon publication (no notice) or 28 years after publication (no renewal). There could be some which were published with notice and renewal, but I suppose that's uncommon for non-US works. The main problems are photos not published until after 1963 (no renewal needed) and photos created after 1945 (URAA automatically added any missing notices and submitted any missing renewals). In either case, the copyright didn't expire in the United States 50 years after creation; that was only the case in Australia and in countries which recognise the rule of the shorter term. --Stefan2 (talk) 14:40, 31 January 2016 (UTC)
Unless there is some evidence that a photo was kept unpublished for some time, the usual assumption for foreign photos is publication without notice. That also precludes renewals being an issue, though that is also a fallback sometimes if it turns out there was a notice. But yes, the main problem would be photos created after 1945 -- those would have had their U.S. copyright restored. Carl Lindberg (talk) 11:21, 2 February 2016 (UTC)
Newspaper photographers seem to take lots of photographs of each event but only end up publishing one or two of them. Family photographs are also usually unpublished. Some of these unpublished photographs might later end up somewhere and become published a lot later. Therefore, it seems that most photographs are unpublished and that we can't assume that a photograph is published unless we have some indication that this is the case. Also, it does not seem safe to assume that a photograph was published without a notice, in particular not after many countries started signing the Universal Copyright Convention which mentions copyright notices. Most European publications currently contain a copyright notice, although this was a lot less common in the past. The only thing we can safely assume is that pictures were published without a renewal as there should have been very few people outside the United States who bothered submitting a renewal to the United States authorities. --Stefan2 (talk) 15:11, 3 February 2016 (UTC)
Some of the images post-date 1955. ShakespeareFan00 (talk) 02:53, 31 January 2016 (UTC)

Category:U.S.A. Presidential Debates and Category:U.S.A. Vice-Presidential Debates[edit]

Would debate responses be protected by copyright in the United States? I imagine the questions themselves are drafted beforehand and meet the requirement that they be fixed in a tangible medium of expression, but the responses are probably a mix of prepared material of unknown fixity and impromptu expression. Weird gray area. Prosody (talk) 01:20, 22 July 2016 (UTC)

The question is, whether these were published in a "tangible" medium, that can be "touched". Irrespective of any pre-existing (but unpublished) draft, a speech or verbal debate, by definition, is published "verbally", therefore intangible. You cannot touch spoken words. Therefore these are not copyrightable, IMO. If these were later published in a written form, or as a CD, then that would come under copyright. Hrishikes (talk) 08:20, 22 July 2016 (UTC)
These matters have had airings before, and there is debate that should be referenced in the archived. People may also be better referencing expert opinion pages rather than stating personal opinions, eg. see sDrewth 10:27, 22 July 2016 (UTC)

To note that there have again been contributions in this area and I have deleted these contributions and left a note. To see the previous discussions of the community on this subject matter please look at results of the search presidential prefix:Wikisource:Copyright discussionsbillinghurst sDrewth 02:49, 4 October 2016 (UTC)

1945 UK Labour Party Manifesto[edit]

The following discussion is closed and will soon be archived: Moved to Canadian Wikilivres:1945 UK Labour Party Manifesto--Jusjih (talk) 02:30, 20 December 2016 (UTC)
There were a number of UK political party manifestos uploaded, those that were less than 70 years old I have deleted as copyright violations. This work is not labelled with an author, and as being 1945 is now more than 70 years old. It will presumably not have been published in the US. To me it is probably covered by 95 years, or maybe not in public domain by 1 January 1996, however, it needs discussion rather than immediate deletion. — billinghurst sDrewth 02:54, 5 September 2016 (UTC)
I don't see any reason it would have been in the public domain in the UK by 1996, so it should be still in copyright in the US. I can see the possibility of publication in the US; perhaps the New York Times or some other major newspaper or journal might have got a contemporary copy for publication. I don't see a copy of it in the New York Times online archive index (which subscribers have full access to up to 1980), but it's still possible.--Prosfilaes (talk) 01:24, 7 September 2016 (UTC)
Move per Canadian Wikilivres:Help:Public domain? With sources found.[6] [7]--Jusjih (talk) 02:14, 2 November 2016 (UTC)

UN Security Council Resolutions[edit]

Hi. Some hundreds of pages from Category:UN Security Council Resolutions may be deleted. There were discussions in the past, but look at c:Commons:Village_pump/Copyright#U.N._Security_Council_resolutions. UN says that the resolutions are copyright protected. Also pre-1989?! Best regards. -Aleator (talk) 19:01, 20 September 2016 (UTC)

Moved from WS:Scriptorium. Mukkakukaku (talk) 19:52, 20 September 2016 (UTC)

Three articles about Johann Christian Claudius Devaranne[edit]

I discovered the following three articles on my rounds, translated from German newspaper articles by User:Richard Bartholomew:

  1. Translation:Death Sentence after the "Russian Truncheon Insurgency"
  2. Translation:New Sources about Devaranne
  3. Translation:Wald honors its Freedom Hero Devaranne

Somewhat suspicious about the copyright status of the originals, I discovered that there were discussions between Bartholomew and User:John Vandenberg on the former's talk page. The status appears to be as follows:

  1. The first was published in 2003, and Bartholomew states that permissions were requested from the newspaper; no update was provided as to whether permission was received. This appears to be unquestionable copyvio.
  2. The second Bartholomew states was published in 1933–1935, and the author appears to have died after 1960. Again, almost certainly copyvio.
  3. The third is a bit different. Published in 1933, the author is unidentified save for initials. Could be {{PD-anon-1996}} depending on German copyright law. The newspaper holding the copyright disappeared in 1935, and Bartholomew received a note from the city archivist stating that reproduction would be acceptable. Bartholomew forwarded this note to ; whether that led to anything or not is beyond my knowledge.

I am inclined to delete the first two, unless there are objections. The third one looks like it could be hostable, but I am curious as to how it one ought to be handled. —Beleg Tâl (talk) 18:01, 29 September 2016 (UTC)

Suttas added by Ronggy[edit]

Three Suttas have been added by Ronggy that have neither source, nor licence, and are recent translations.

I have marked these works and left the user a note. We will need to see where to from here, and someone may wish to work with the user to see if they belong here, and where they may belong. — billinghurst sDrewth 22:21, 31 October 2016 (UTC)

The first two are from here (Avijja, Avijjapaccaya) and are CC-BY-NC 4.0 which is incompatible with our policy. The last is here, originally from Everyman's Ethics: Four Discourses by the Buddha (WH 14), which is copyright 1985 and released under a non-commercial license also (see the bottom of the source page). —Beleg Tâl (talk) 22:01, 19 January 2017 (UTC)

The afternoon tea book & What shall we have for breakfast?[edit]

The following discussion is closed and will soon be archived: information provided
Status check on these two turn of the century cookery works, based on the dates I am

saying PD-US-1923 and PD-UK, but wanted a second opinion. ShakespeareFan00 (talk) 21:34, 7 November 2016 (UTC)

The IA items are: and respectively.

Thanks ShakespeareFan00 (talk) 21:34, 7 November 2016 (UTC)

All we need is PD-US-1923; the second is clearly that. The first has no internal date, but the cover looks like the second, and gives a date of 1915, so I think we're safe on it. I don't know when Helen Edden died, and without that we can't say PD-UK.--Prosfilaes (talk) 23:05, 7 November 2016 (UTC)
Bother. That means until we track down Ms Edden, I can't put them up on Commons. ShakespeareFan00 (talk) 11:23, 8 November 2016 (UTC)
Yes check.svg Done Helen Emma Edden, b. 1852 Fradley, Staffordshire, d. 1929, Kensington, London. I don't see an obituary in 1929. — billinghurst sDrewth 12:52, 14 November 2016 (UTC)
FWIW C.A. will presumably be Culinary Academy, however, the M. defeats me. — billinghurst sDrewth 13:02, 14 November 2016 (UTC)
Then again it could be something like "Master of Culinary Arts" hazarding a guess, and I still know nothing. :-) — billinghurst sDrewth 13:04, 14 November 2016 (UTC)
The Universal Cookery and Food Association had members and licentiates and refers to MCAs and LCAs in their magazine so I am guessing that MCA indicates a member of that association? —Beleg Tâl (talk) 18:14, 1 December 2016 (UTC)

Imperial Guards Division Strategic Order No. 584[edit]

This work states its source as Brooks, Lester (1968). "Behind Japan's Surrender: The Secret Struggle That Ended an Empire." New York: McGraw-Hill Book Company. p. 312. I am presuming that includes the translation from the Japanese, though that is presumed. I am not sure whether either the original work, or the translation are in the public domain as we require. — billinghurst sDrewth 03:41, 4 December 2016 (UTC)

  • Symbol delete vote.svg Delete Source of this particular translation seems to be under copyright Marjoleinkl (talk) 10:45, 28 December 2016 (UTC)

Nihon Shoki (Felt)[edit]

The following discussion is closed and will soon be archived: no decision, see alternate discussion at WS:PD
Nihon Shoki (Felt) is incomplete and if it were complete it would probably be largely redundant with the PD Nihongi: Chronicles of Japan from the Earliest Times to A.D. 697.

The translator appears to be still alive[8] and Nihon Shoki claims that that the translation was published in 2008. I have found very little information about this translation off-wiki, although the fact that Columbia has a PhD candidate with this name and lists the Nihon Shoki as a research interest of his, combined with the fact that "2008" would otherwise be an arbitrary date, leads me to believe it probably exists, but it's almost certainly a copyright-violation unless someone can demonstrate otherwise.

Our current text consists entirely of a list of books (whose copyrightable status is probably questionable) and one short book, but the only reason it isn't a clearer COPYVIO is because it was abandoned in 2011.

Hijiri88 (talk) 05:11, 16 December 2016 (UTC)

Talk:Nihon Shoki (Felt) gives a link to where the licensing indicates that it should be okay to host. To me this seems to be more a case of whether we should host and suggest that this discussion may be better held at WS:PDbillinghurst sDrewth 10:19, 16 December 2016 (UTC)
There is already a discussion on this work at WS:PD.Beleg Tâl (talk) 12:09, 16 December 2016 (UTC)

Joni Madraiwiwi, Fiji's 2001 Elections: Our Country at the Crossroads, 15 August 2001[edit]

Prepared speech by Fijian judge/lawyer. No evidence n the public domain. No source. — billinghurst sDrewth 13:49, 23 December 2016 (UTC)

  • Symbol delete vote.svg Delete{{{1}}}Beleg Tâl (talk) 03:36, 25 December 2016 (UTC)
  • Symbol delete vote.svg Delete Can’t find anything about copyright status either Marjoleinkl (talk) 10:40, 28 December 2016 (UTC)


After doing some searching this seems like a very recent publication (within the last 2 decades) and I haven’t been able to find any kind of "allowed" licensing. Marjoleinkl (talk) 14:55, 23 December 2016 (UTC)

  • Symbol delete vote.svg Delete no indication of copyright status, and probably out of scope — billinghurst sDrewth 15:16, 23 December 2016 (UTC)
  • Symbol delete vote.svg Delete{{{1}}}Beleg Tâl (talk) 03:32, 25 December 2016 (UTC)
  • Symbol delete vote.svg Delete I'm assuming his website is and has a "© John C Bird" at the bottom and therefore takes his copyright very seriously.—Rochefoucauld (talk) 14:35, 25 December 2016 (UTC)

Donald Trump's 2016 election victory speech[edit]

The following discussion is closed and will soon be archived: speedy deleted, work under copyright, no evidence that work has been released — billinghurst sDrewth 04:08, 27 December 2016 (UTC)
Having already speedy-deleted Trump speech at the Republican National Convention 2016 as a G6-Copyvio contributed by the same editor, I thought it would be best to check with the community that my understanding is correct and that speeches made by Donald Trump before he accedes to the Presidency are copyright. I have a vague recollection that the same situation arose with Obama's speeches prior to his accession. Beeswaxcandle (talk) 02:12, 27 December 2016 (UTC)
Symbol delete vote.svg Delete As the person who marked this as "no license", I concur that my understanding regarding copyright status is the same as yours. --EncycloPetey (talk) 02:24, 27 December 2016 (UTC)

I Am - Somebody[edit]

The poem I Am - Somebody by William Holmes Borders, Sr., was written "in the 1950s" according to the Wikipedia article. It was popularized when Jesse Jackson recited (a slightly different version of it) on Sesame Street in the 1970s.

I'm not sure if it was ever formally published, but I'm also not sure that it counts as public domain either as an unpublished work. If Rev. Jackson's recitation is considered first publication, then it would still be under copyright, I think. Either way, there's no license on the work and I don't know what to put it as. --Mukkakukaku (talk) 00:50, 28 December 2016 (UTC)

As an unpublished work, it would be under copyright until 1996 + 70 years. TV and publication of a recited poem is massively complex. It could easily have been published somewhere that was renewed or not renewed or never copyrighted; it's impossible to tell without more evidence.--Prosfilaes (talk) 06:46, 28 December 2016 (UTC)
Symbol delete vote.svg Delete This version of the poem seems to be the poem as recited by Jesse Jackson, not the original poem by Borders, Sr.
From The African American Lectionary: The late Reverend Borders, the former pastor of Wheat Street Baptist in Atlanta, Georgia, introduced this poem of racial praise on January 10, 1943; it was broadcast on "Wings Over Jordan." Between eight incremental repetitions of the refrain: "I am somebody," Reverend Borders praised past and present African American statesmen, sports figures, entertainers, writers, intellectuals, business tycoons, patriots, clergymen, et. al. Marjoleinkl (talk) 11:07, 28 December 2016 (UTC)
Unfortunately, broadcasting something doesn't publish it. It looks like tracing the first publication with permission of the author is going to be hard. It's not improbable it's PD due to lack of notice or failure to renew, but we need that all critical first publication to check.--Prosfilaes (talk) 20:11, 30 December 2016 (UTC)

US non-Federal government works[edit]

Is there a blanket copyright template and policy for works produced by or by officers of US State governments? Not the Federal government, which would fall under {{PD-USGov}}. It seems like {{PD-EdictGov}} could cover some of them, if the work was an edict (per the template: "judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents.") Speeches, for example, do not fall under that umbrella.

Here's some examples, all missing licenses (which is why I'm asking because I have no idea what to tag them with):

  1. Whiskey Speech (1952) by Noah S. Sweat - per Wikipedia, speech on the floor of the Mississippi state legislature
  2. We Won't be Quiet (2006) by Rocky Anderson - speech by the mayor of Salt Lake City
  3. Proclamation by His Excellency Bobby Jindal Governor of the State of Louisiana, Dated February 1 , 2008, Convening the Legislature of Louisiana in Extraordinary Session - what it says on the tin; I'm not sure a "proclamation" counts as an edict

Thanks. --Mukkakukaku (talk) 03:08, 28 December 2016 (UTC)

Works of state governments are by default copyrighted. We Won't be Quiet should be deleted; there's no question it's copyrighted. That proclamation is an edict, in my opinion, and clearly falls under PD-EdictGov, so it can be kept under that license. The Whiskey Speech is hard; it should be in the public domain, but I can't see any reason why it is. It strikes me as something that everyone has taken as uncopyrighted, and it will never ever but a subject of a court case, but the technicalities of the law argue against it.--Prosfilaes (talk) 06:57, 28 December 2016 (UTC)
I agree with Prosfilaes about 2) and 3), though, looking at 1) I am more willing to think that it may or may not have been presented on the fly. I am comfortable for the speech element to rule until we are given a take-down. — billinghurst sDrewth 08:17, 29 December 2016 (UTC)
According to the Wikipedia article, Noah Sweat worked on the Whiskey Speech for months in preparation, so it's definitely no extemporaneous speech. Is there a license I can put on it in the meantime? {{PD-EdictGov}} doesn't seem appropriate. It would be nice to have a "in good faith we believe this to be PD but we can't say why" template. --Mukkakukaku (talk) 13:11, 29 December 2016 (UTC)
According to The Prohibition Hangover, Whiskey Speech is explicitly copyrighted and was renewed in 1980. —Beleg Tâl (talk) 14:40, 29 December 2016 (UTC)
Then there it is. The Whiskey Speech should clearly be deleted.--Prosfilaes (talk) 19:42, 30 December 2016 (UTC)

Index:Lamb - Hydrodynamics, 6th edition, 1945.djvu[edit]

This is a reprint of a 1932 edition, The British Author died in 1934, would have expired in the UK in 2004, which post-dates URAA. However I am willing to accept no US renewal, if someone checks.. ShakespeareFan00 (talk) 10:21, 28 December 2016 (UTC)

Limehouse Declaration[edit]

Limehouse Declaration is the text of a statement issued in 1981 by several British politicians. As far as I can tell, it wasn't ever formally published, which leaves it in the realm of unpublished media which would mean it's still under copyright (I think?). Of the four authors, three are still alive, the last died in 2003.

The work itself has no license. While an important work as far as I can tell, I'm not entirely convinced it's OK for us to host it. --Mukkakukaku (talk) 21:16, 28 December 2016 (UTC)

  • Symbol delete vote.svg Delete, no indication of a free license —Beleg Tâl (talk) 01:11, 29 December 2016 (UTC)
  • Symbol delete vote.svg Delete as reasoned above (we should check enWP for a link if we delete) — billinghurst sDrewth 08:11, 29 December 2016 (UTC)
  • Symbol delete vote.svg Delete It looks clearly published to me; the Wikipedia article implies that copies were provided to all who wanted them, which is basically the definition of published. Still, it's a 1981 British work; short of an explicit free license, we won't be able to host it for a long time.--Prosfilaes (talk) 19:41, 30 December 2016 (UTC)

Concerning the Criteria of Vocational Discernment Regarding Persons with Homosexual Tendencies in View of Their Admission to Seminaries and Holy Orders[edit]

Concerning the Criteria of Vocational Discernment Regarding Persons with Homosexual Tendencies in View of Their Admission to Seminaries and Holy Orders is a 2005 Catholic ... work of some kind (not sure what the term is). Authorship is attributed to "the Congregation for Catholic Eduction" and the translator is "unknown."

It's currently using {{PD-EdictGov}} for the original and is missing the translation license. I'm mostly certain that the {{PD-EdictGov}} is wrong, since the Vatican is only government of Vatican City, so a proclamation-thingy for the Church doesn't fall under any sort of "government" auspices. The notes on the author header claims it came from this site, which attributes an author, but no license. The page itself says "Any original material on these pages is copyright © 2004. Reproduce freely with attribution." I'm not sure that's compatible.

So ... two questions I guess. First, is {{PD-EdictGov}} the correct license for the Italian original? and second, is the translation usable or is it not compatible with our restrictions? --Mukkakukaku (talk) 22:54, 28 December 2016 (UTC)

The translator is given as Robert Mickens. I think the translation should be fine, but the copyright status of ecclesiastical governance documents issued by the Holy See is a complicated one and I would Symbol delete vote.svg Delete it just in case, citing a few discussions (1 2) as precedent. —Beleg Tâl (talk) 01:29, 29 December 2016 (UTC)
Symbol delete vote.svg Delete The Vatican claims full copyright in all of its publications whether they are by individual officials or by "congregations". Because the Vatican is a sovereign state, Italian copyright law doesn't apply and PD-EdictGov is not appropriate. This means that the original (probably in Latin, but in whatever language) is copyright and we cannot host the work. Beeswaxcandle (talk) 04:33, 29 December 2016 (UTC)
  • Symbol delete vote.svg Delete unless there is clear evidence that it has a sitable licence for us to host. — billinghurst sDrewth 08:10, 29 December 2016 (UTC)


The following discussion is closed and will soon be archived: deleted; copyright violation
Internet Archive version at gives a date of 2005, and an ND license.

How does this qualify as license compatible with Wikisource? ShakespeareFan00 (talk) 21:19, 2 January 2017 (UTC)

The original is CC-by-NC-ND. --Mukkakukaku (talk) 22:08, 2 January 2017 (UTC)
Which is not compatible with Wikimedia Licensing practice.ShakespeareFan00 (talk) 11:21, 3 January 2017 (UTC)
Now seemingly deleted at Commons. ShakespeareFan00 (talk) 10:26, 16 January 2017 (UTC)
Have marked the index and pages for speedy, as the scan is no longer accessible on Commons ShakespeareFan00 (talk) 10:52, 16 January 2017 (UTC)

Copyright in author's home country[edit]

I can't seem to figure out if this is listed in any of the help documents (and do we really need so many help documents on Copyright? Seriously. Not sure how we expect anyone to find any information in them.)

The basic question is: if I have a work that I know to be PD-US, but that is not PD in the home country of its' authors/translators, can it be hosted on Commons or must it be hosted locally on enWS?

Long form:

I'm interested in bringing in Max Weber's "From Max Weber: Essays in Sociology." It's on IA here: Weber died in 1920, and the translators died in 1978 and 1962. It was published for the first time -- in the US -- in 1946, with a copyright notice. A copyright renewal would have had to happen in 1974, then, which I could not find and think, therefore that this is now PD in the US (which would explain why IA has it.)

However I think it's still copyright in Germany since they use death + 70 (or maybe 50.) This would mean that since translator Hans Heinrich Gerth died in 1978, it's still copyright in Germany until 2048 (or maybe 2028.) If this is the case, where it's PD-US but not PD-Germany, can the work be hosted on Commons? Or does it have to live on enWS itself? --Mukkakukaku (talk) 23:19, 4 January 2017 (UTC)

If it's not PD in the author's home country, then it won't be hosted on Commons, and must instead be hosted here. --EncycloPetey (talk) 23:33, 4 January 2017 (UTC)
If it was first published in the US, does not that make it a US work, regardless of the nationality of its translator? —Beleg Tâl (talk) 00:54, 5 January 2017 (UTC)
I'm not 100% sure that it was first published in the US. It may have been published simultaneously, or within the same year, in West Germany, but I wouldn't know how to check. All I know is that the copyright date is 1946, and it was published in the US in 1946. --Mukkakukaku (talk) 02:00, 5 January 2017 (UTC)
For Commons upload, German copyright will apply for the original; for the translation, if the original is PD, then US copyright if first published in US; both US and German copyright if first published in Germany. So, that aspect needs to be checked. No non-US publication is mentioned on the title page and colophon; copyright is held by US publishers, so you can upload it in Commons under template PD-US-not renewed. For checking, you can use this page and subsequent pages. Seems that the 1946 edition was US-only and the London edition was published in 1947. Hrishikes (talk) 02:27, 5 January 2017 (UTC)

Works published by Peepang[edit]

Copyright violations
Works published by @Peepang: are apparently copyvio:
  1. Translation:Consumer protection Act, B.E. 2522 (1979) was copied from Thailand law forum website, which says "© Copyright Thailand Law Forum, All Rights Reserved".
  2. Translation:Act Promulgating the Land Code B.E. 2497 (1954) was from Thailand law forum website, which says "Copyright © 2008 Chaninat & Leeds, All Rights Reserved".
  3. Translation:Immigration Act, B.E. 2522 (1979) was copied (with slight modification at introductory text) from Thailand law forum website, which says "© Copyright Thailand Law Forum, All Rights Reserved".
  4. Translation:Foreign Business Act B.E. 2542 (1999) was copied (with slight modification at introductory text) from Thailand law forum website, which says "© Copyright Thailand Law Forum, All Rights Reserved".
I nominate the above works for deletion.

--iudexvivorum (talk) 19:06, 8 January 2017 (UTC)

Symbol delete vote.svg Delete. The original is obviously {{PD-EdictGov}}, but despite User:Peepang's assertion that these are original Wikisource translations, they clearly are not. (It is, of course, possible that these translations are not by the Thailand Law Forum either and that the copyright notice on their site does not apply.) —Beleg Tâl (talk) 03:33, 9 January 2017 (UTC)

Giving from the Heart/Brooke Newell de Gunzburg[edit]

The following discussion is closed and will soon be archived: speedy deleted to match remainder of work having been deleted — billinghurst sDrewth 22:28, 19 January 2017 (UTC)
All related pages have been removed due to copyright violation, this is the only subpage left of content from event Giving from the Heart. Talk page lists that it was placed in the public domain by The Prem Rawat Foundation but I can’t find any confirmation of that. If it is valid maybe we should restore the other deleted pages for the same reason? Marjoleinkl (talk) 12:37, 11 January 2017 (UTC)