2011/5/10 Strainu <strain...@gmail.com>: > 2011/5/10 Sreejith K. <sreejithk2...@gmail.com>: >> I wonder how the citizenship of the author helps. The only thing that is of >> importance in a PD claim is the date of first publishing. > > Not really. For instance, in Europe the copyright protection runs for > 70 years from the DEATH of the author, not the first publish date. So > if the author is European (or American, for that matter), the picture > might not yet be PD. I don't know the rules in India, but perhaps > there the protection period runs from the publication date, in which > case the citizenship of the author is important. >
I guess that in case of India is not that simple. . Great Britain was gradually taking control over Inda from XVII century till XIX century. Under the British rule the Inda was a rather strange (from contemporary POV) combination of semi-independent countries (which probably had no any copyright law at all, like Afghanistan nowadays) and teritories under the direct rule of British Governors-General and Viceroys. The independent Inda was formally established in 1950, but Indian has a legal POV saying that British control over India was generally illegal - at least starting from 1930 (Purna Swaraj). Anyway - if you follow British POV over the legal issues (tell my why?) - you might have really tricky problem about the "citzenship" of Indian people. Those who lived on teritories under direct Viceroy rule - might be treated as his subjects, and you should probably apply to them a law of Calcuta parliament - so you should examine the copyright law of British India. Those who lived on teritories which were ruled under semi-independent princes were probably subjects of them - so you should examine their local copyright law (if there was any...) To make it more complicated - if you think of picture taken by British before 1950 - you may also have problem. They for sure were subjects of British Queen - but also a subjects of Viceroys. After 1950 - according to Indian Constiutution all of them - if only lived in India for longer than 5 years started to be Indian citizens: Article 5 of Indian Constiution: "At the commencement of this Constitution, every person who has his domicile in the territory of India and — "who was born in the territory of India; or either of whose parents was born in the territory of India; or who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India." As long as they do not decided to choose another citzenship. Good luck with sorting out all these issues. :-) -- Tomek "Polimerek" Ganicz http://pl.wikimedia.org/wiki/User:Polimerek http://www.ganicz.pl/poli/ http://www.cbmm.lodz.pl/work.php?id=29&title=tomasz-ganicz _______________________________________________ foundation-l mailing list foundation-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
