Template talk:PD-Polish

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This template was nominated for deletion on 15 April 2007 (UTC) but was kept.
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removed from article; please dont put it there, as otherwise all images with this template get a interwiki there ;o)


CoA must not have thecrown - it's People's Republic of Poland![edit]

Coat of arms of Poland (1955-1980).svg


Other types of works?[edit]

There's a tricky interpretation issue with the laws linked from the template (dated 1926 and 1952), namely that "as nearly as I can tell (I am a Polish native reader), the separate mention for photograph notices is a clarification, and should not be construed as indicating that only photographs are to be treated that way." (User:mareklug on #wikimedia-commons IRC channel). Can we consider this alternative interpretation? --YurB (talk) 17:33, 7 January 2016 (UTC)

@Юрій Булка: This is quite interesting, as it would open the door to uploading more files here. But looking at [1] the text speaks of "works of photography or works created in a way similar to photograph," such as phonographs, photocopies, mechanical notes (?)... So yes, it is a bit broader, through not a carte blanche for anything. I'd tentatively treat it as "for images created using machinery". Would be good to hear from Marek. --Piotr Konieczny aka Prokonsul Piotrus Talk 13:46, 8 January 2016 (UTC)

Term of copyright[edit]

Also very interesting question what is term of copyright in Poland de factum? For example in Ukraine current term is 70 years PMA but it applied only for works that had no 50 PMA in 2001 year. But URAA' restoring affected only works PMA >= 1969 because 25 PMA before 1994. I see Poland have likely history of changes copyright terms but I see only current 70 PMA in template. Artem.komisarenko (talk) 17:53, 7 January 2016 (UTC)

@Artem.komisarenko: I am not sure I understand your question; I am afraid I just can't follow your logic ("because 25 PMA before 1994"???). A while ago I wrote User:Piotrus/PolishCopyright, as well as w:Copyright law of Poland. Would they answer you question? If not, I recommend you ask at w:WT:POLAND, or better, at pl:Wikipedia:Kawiarenka/Ogólne (I thought there was an English section there, but I can't find it; someone would move your post/reply to it anyway). --Piotr Konieczny aka Prokonsul Piotrus Talk 19:38, 7 January 2016 (UTC)
Sorry for my bad English. I'll try again. Ukraine law say 25 years PMA before 1994 (i. e. 1969 in 1994). In 1994 it was increased to 50 PMA (exclude works that became already free because 25 PMA). Then in 2001 50 PMA was increased to 70 PMA (exclude works that was already free because 50 PMA, 25 PMA from pre-1994 law was just ignored in 2001). So, currently used copyright terms for Ukraine is very complicated and it's result of interference of few laws. I see Poland has likely history of copyright terms changes (50 PMA in 1994 then 70 PMA in 2001) but it's still question for me: is there are likely exclude rules for works that was already free in 1994 or 2001? Artem.komisarenko (talk) 21:22, 7 January 2016 (UTC)
I believe you ask whether changes in Polish copyright law were retroactive. The answer is yes, they were: per Article 124.1 of Polish copyright law (English version available if you prefer) 70-year term applies to 1) all new works, 2) all works whose copyright term did not expire as of 1994, 3) all works whose copyright term expired by 1994. Thus the new 1994 law does not apply only to photos as they were simply not copyrighted before 1994 — NickK (talk) 00:22, 8 January 2016 (UTC)
I think NickK is talking only about the photos that weren't marked with copyright notice when they were published. --YurB (talk) 10:15, 8 January 2016 (UTC)
NickK is correct that the retroactive clause if 1994 law (Art. 124.1.3) apples to works whose copyrights expired under earlier laws. The thing about photographs published without copyright notice is that they were never a subject to 1926 and 1952 laws according to articles mentioned in the template, so they do not meet the requirement of Art. 124.1.3 of 1994 law for restoration of the copyright. --Jarekt (talk) 14:11, 8 January 2016 (UTC)
Big thanks NickK, Jarekt. So, to be sure, do I understand correctly that books (for example) have 1994 - 50 = 1954 year for copyright guillotine? Is there shortest term by laws before 1994 (like 25 PMA in Ukraine before 1994?)? Is it retroactive (shortest term if it is)? Artem.komisarenko (talk) 18:48, 8 January 2016 (UTC)
Books are not subject to this template as this only applies to photographs. Individual photographs from the books are OK as according to the law they were never copyrighted and their rights were not restored. There might be impossible to generalize from the laws captured in this template to laws of other countries, like Ukraine. --Jarekt (talk) 21:07, 8 January 2016 (UTC)
@Artem.komisarenko: Just to clarify: photos published without copyright notice before 1994 = use this template, anything else: copyrighted for 70 years pma (the law is retroactive and has no shorter term), use {{PD-old-70}}NickK (talk) 00:13, 9 January 2016 (UTC)