Template talk:PD-US

From Wikimedia Commons, the free media repository
Jump to: navigation, search
Fairytale Trash No.svg

This template was nominated for deletion on 19 September 2012 but was kept.
If you are thinking about re-nominating it for deletion, please read that discussion first.


العربية | বাংলা | Čeština | Dansk | Deutsch | Ελληνικά | English | Español | فارسی | Suomi | Français | Galego | עברית | Magyar | Italiano | 日本語 | 한국어 | Lëtzebuergesch | Македонски | മലയാളം | Plattdüütsch | Nederlands | Norsk bokmål | Polski | Português | Русский | Slovenščina | Svenska | Türkçe | Українська | 中文(简体) | 中文(繁體)‎ | +/−

might not be in the public domain outside the United States[edit]

This template currently says "this image might not be in the public domain outside the United States. See Copyright". First, if a U.S. work is in the public domain in the U.S., it is also in the public domain in all other countries that do apply the "rule of the shorter term" of the Berne Convention. This includes the EU and Japan, and possibly other countries as well. Secondly, en:Copyright is a rather unhelpful article that doesn't explain in any way how copyright works internationally. I think it would be better to link to Wikipedia:Public domain, which does explain it. Lupo 09:27, 15 March 2006 (UTC)

I agree about the link; I've changed it. User:dbenbenn 12:00, 15 March 2006 (UTC)

Lupo, you are wrong in applying Berne. Berne is not law, it is only a treaty agreement. Any government can choose to implement Berne and opt out of particular conventions any way they choose. That is stated in your own authority document- Wikipedia:Public domain. -Mak 04:14, 13 July 2006 (UTC)

You want me to get technical? :-) It's informal speak (as I've pointed out at Wikipedia:Public domain). Basically, what I said was right, but it's ok that it was not included because sometimes the rule of the shorter term of the Berne Convention (as codified in the EU Directive on harmonising the term of copyright protection, which is binding for EU members) may still be superceded by individual EU members' earlier bilateral treaties with the U.S. That's the case for e.g. Germany and Switzerland. And note that in general, countries cannot "opt-out" from individual paragraphs of the Berne Convention. That's only possible if the Berne Convention explicitly says so, which it does for that rule of the shorter term. Lupo 08:15, 13 July 2006 (UTC)
Because the U.S. did not join the Berne Convention until 1989, it is likely that it had by that date already established treaties with many countries. I just read (on w:susning.nu, for what it's worth) that Sweden signed such a copyright treaty with the U.S. in 1911. I looked through both the "see further" links provided on the template, but I could not find the individual treaties of countries other that Germany. Is there any such list somewhere, of which countries have an individual copyright treaty with the U.S.?
Fred Chess 12:40, 30 July 2006 (UTC)
Yes: Circular 38a of the U.S. Copyright Office. Fails to mention some modern states, such as Eritrea, but is otherwise rather complete. It doesn't, however, tell us what the contents of these bilateral treaties were, nor where to find them. Lupo 09:26, 20 October 2006 (UTC)

Works published outside of the US prior to 1923[edit]

From en:Wikipedia:Public Domain:

For non-U.S. works published without compliance with U.S. formalities, the situation is a bit more complicated:
  • If published before 1909, such works are in the public domain in the U.S.
  • If published between 1909 and 1922 (inclusive), they are likely to be in the public domain in the U.S. outside of the Ninth Circuit (i.e., also in Florida). Within the Ninth Circuit some such works may be considered unpublished works according to Peter Hirtle and following the decision of the United States Court of Appeals for the Ninth Circuit in the case Twin Books v. Disney in 1996. The case was about the book Bambi, A Life in the Woods; the decision is heavily criticized in Nimmer on Copyright (ISBN 0-820-51465-9), the standard commentary on U.S. copyright law.

Since the foundation servers are stationed in Florida, then wouldn't it make sense to amend the PD-US template to state "or that its first publication anywhere in the world was prior to January 1, 1923" instead of 1909? -User:Anetode 13:37, 19 October 2006 (UTC)

Macao honors the rule of the shorter term[edit]

As Macao honors the rule of the shorter term pursuant to Article 51 of its Decree-Law n.o 43/99/M, I have amended this template to show that this template does not apply to China except Macao. Apparently Hong Kong and Taiwan do not honor the rule of the shorter term.--Jusjih 16:45, 16 November 2006 (UTC)

Correction, I just found Taiwan honoring the rule of the shorter term. See 106bis of the Copyright Act.--Jusjih 17:44, 16 January 2007 (UTC)
Furthermore, I have also found Hong Kong honoring the rule of the shorter term. See List of countries' copyright length with references.--Jusjih 04:08, 13 January 2008 (UTC)

"that its first publication anywhere in the world was prior to January 1, 1909 or "[edit]

As I said in the edit summary, if a work was published anywhere else than in the US, then PD-US is not the template to use. I do understand that, technically, the statement is true, and that it can be used as such on English Wikipedia, but I don't think we should use it here. Comments? Fred Chess 10:50, 15 February 2007 (UTC)

After thinkng about it, I guess it could be possible that PD-US could be used to denote the copyright status in the US specifically, and that the image description page also has other copyright tags such as {{PD-Old}}. But in that case something should be added to the template to mention that the template can't always stand alone. And that might be confusing because there is (as far as I know) no other template that claims work published worldwide prior to a date to be public domain just because it is public domain in one country....

Fred Chess 10:55, 15 February 2007 (UTC)

I agree. I think the commons still has the rule that a work must be PD in its source country and in the U.S. to be eligible for upload to the commons under any PD tag. The PD-US tag should thus only be applied to U.S. images, and for U.S. works, the 1909 stuff is irrelevant. We don't talk about what non-Russian works are PD within Russia in PD-Russia either. Hence PD-US should state what U.S. works are PD in the U.S.
As you said, the 1909 business may be useful for clarifying the status of a non-U.S. image within the U.S. (Note that the quote someone provided above from en:WP:PD is outdated. See en:WP:PD#_note-US1909 for the current wording.) I'm not sure whether an auxiliary tag to be used only in conjunction with other PD-country tags would be useful; the rules are rather complex:
  • If the foreign work was published in compliance with U.S. formalities (© notice, registration), the foreign work is PD in the U.S. if it was published before 1923.
  • Otherwise:
    • If the foreign work was out of copyright in its country of origin on the URAA date (January 1, 1996 in most cases), the work is PD in the U.S.
    • Otherwise:
      • if the work was published in a language other than English (I have no idea how to interprete this for e.g. paintings!), the work is PD in the U.S. if it was published before 1909. It's treated as an unpublished work, hence it'd also be PD in the U.S. if the author is known and died more than 70 years ago. See Hirtle's chart for the U.S. rules for unpublished works.
      • if the work was published in English, the work is likely PD in the U.S. if it was published before 1923.
How useful would a tag (or tags) for these cases be? I think the important things are pre-1923 if the work was copyrighted in the U.S., and the URAA case if not. The 1909/unpublished special case would only apply for works that were still copyrighted in their country of origin on the URAA date, and that country of origin was not English-speaking. Lupo 11:50, 15 February 2007 (UTC)

Rephrase to simplify[edit]

I suggest that "China (not Macao or Taiwan)" be simplified to "mainland China" or "the People's Republic of China". Seahen 19:37, 8 August 2007 (UTC)

Original publication country?[edit]

In addition to requiring that the creator and year of publication are provided, should we not also require that the country of origin ie. where the image was first published is also provided? With this template, if I understand it correctly, the country of origin should be USA. Samulili 18:13, 23 August 2007 (UTC)

typo occured[edit]

Could someone fix the typo occured -> occurred --24.30.152.224 06:04, 13 September 2007 (UTC)

more info on this template can be found on wikipedia[edit]

w:Template:PD-US seem to have much more details on using this template, see below. I think those 2 pages should be synchronized. -- Jarekt

Some cases where this template may apply are listed below. You may consider using a more specific tag.

  1. Works published in the U.S. before 1923.
  2. Works first published in 2003 or later by authors who died before 1937.
  3. Works published in the U.S. between 1923 and 1977 without a copyright notice. See w:Template:PD-Pre1978.
  4. Works published in the U.S. between 1923 and 1963 with a copyright notice but without later copyright renewal. See w:Template:PD-US-not renewed.
  5. Works published outside the U.S. before 1923, except possibly in the 9th Federal Court District, then before July 1, 1909. See w:Template:PD-US-1923-abroad.
  6. Works published outside the U.S. between 1923 and 1977 which were in the public domain in their home countries on January 1, 1996. See w:Template:PD-US-1996

For more details and other cases, please see w:Wikipedia:Public domain.

For a complete list of all cases where an image is in the public domain in the United States, see [1]

Paintings[edit]

Hello,

If this template doesn't apply to paintings, there should be some explanation. Yann 19:49, 21 November 2007 (UTC)

It does, but you need to be aware of the fact that "exhibition" (or "public display") is not "publication". Lupo 07:50, 22 November 2007 (UTC)

localization[edit]

{{editprotected}}

Hi all. Can we add the following, please, to allow localization? I've already complete the Gaeilge/ga version of this template.

{| {{PD-Layout}}
|-
| rowspan="2"| [[Image:PD-icon.svg|64px|center]]
|''This media file is in the '''[[w:public domain|public domain]]''' in the [[United States]]. This applies to U.S. works where the copyright has expired, often because its first [[w:publication|publication]] occurred prior to January 1, 1923. See [http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm this page] for further explanation.
----
| rowspan="2" | [[Image:Flag of the United States.svg|80px|right]]
|-
| {{PD-US/lang}}
|-
| [[Image:Nuvola apps important.svg|center|35px]]
| <small>This image might not be in the public domain outside the United States (this especially applies in Canada, China (not Macao or Taiwan), Germany or Switzerland). The creator and year of publication are essential information and must be provided. See [[w:Wikipedia:Public domain|Wikipedia:Public domain]] and [[W:Wikipedia:Copyrights|Wikipedia:Copyrights]] for more details.''</small>
|
|}<includeonly>[[Category:PD US|{{PAGENAME}}]]</includeonly>
<noinclude>[[Category:License tags|{{PAGENAME}}]]</noinclude>

It'll look like this;

PD-icon.svg
This media file is in the public domain in the United States. This applies to U.S. works where the copyright has expired, often because its first publication occurred prior to January 1, 1923. See this page for further explanation.
Flag of the United States.svg
Nuvola apps important.svg
This image might not be in the public domain outside of the United States (this especially applies in Canada, China (not Macao or Taiwan), Germany or Switzerland). The creator and year of publication are essential information and must be provided. See Wikipedia:Public domain and Wikipedia:Copyrights for more details.

Just check it for formatting. The underlying loc stuff is already done. Thanks :) - Alison 01:28, 8 January 2008 (UTC)

It's teh ✓ Done. Now start writing up those translations! Giggy 22:32, 8 January 2008 (UTC)
U r teh awezum, Giggy. I'll translate this to French next :) Tons more to do - Alison 23:29, 8 January 2008 (UTC)

PD-1923[edit]

{{editprotected}} The template page should mention {{PD-1923}} in a <noinclude>. It may also be useful to note that "This template adds pages to Category:PD_US", as with {{PD-US}}.Superm401 - Talk 04:46, 18 January 2008 (UTC)

✓ Done :) ~ Riana 07:21, 18 January 2008 (UTC)
Thank you. "That template" would be preferable to "This template", but it's not important. Superm401 - Talk 21:33, 19 January 2008 (UTC)

Remove errant "of", please[edit]

Bad style indeed to use a word that adds absolutely no meaning. Can someone oblige by removing it ("outside of" --> "ouside"). It's all over WikiMedia now. Tony1 01:00, 11 March 2008 (UTC)

Actually, "outside of" is acceptable usage according to Dictionary.com, MW, and OED. Thus, "outside of" is not errant. However, "WikiMedia" is. Superm401 - Talk 05:31, 11 March 2008 (UTC)

Languages[edit]

I made a template for Romanian, please add it to translation template.

Also, I suggest you turn the second "nl" in "zh", you'll know when you'll see it. --Anime Addict AA (talk) 01:17, 17 December 2008 (UTC)

Done.--Jusjih (talk) 03:18, 17 December 2008 (UTC)

Rename to PD-US-1923?[edit]

It would be slightly more user-friendly. --Tgr (talk) 21:25, 11 January 2009 (UTC)

{{Autotranslate}}[edit]

Do we need to apply the {{Autotranslate}} on this template? --PhiLiP (talk) 08:07, 2 February 2009 (UTC)

Because some translations exist it would may be quite useful, but for sure it's not required.
--D-Kuru (talk) 12:13, 2 February 2009 (UTC)

Still confusing - insufficient for Commons[edit]

I find this template still confusing.

It appears to be useful for media first published in the United States.

It remains confusing for media that is still in copyright in the country of origin, for example Germany. Examples I have looked at File:CABINETOFDRCALIGARI-03.jpg and Category:Nosferatu.

If I have understood the Byzantine copyright jungle correctly (unlikely), works that were created prior to 1923 in Germany fall into the "United states public domain" but do not necessarily become public domain worldwide. To be acceptable to Commons a work must be free both in the USA and in the country of origin. Is that correct?

If so, maybe the template documentation could have extra links to better templates, such as PD-US-1923-Germany (meaning that the work is also PD in Germany). Suggestions? 84user (talk) 16:06, 27 May 2009 (UTC)

Grammar fix[edit]

{{editprotected}}

We currently have an inconsistent usage of punctuation in the following sentence:

This image might not be in the public domain outside of the United States (this especially applies in the countries and areas that do not apply the rule of the shorter term for US works, such as Canada, Mainland China (not Hong Kong or Macao), Germany, Mexico, and Switzerland).

It's common usage (and less confusing) not to use parentheses within parentheses. Could the broader set of parentheses be removed and replaced with a semicolon? If my request is accepted, the text will read as follows:

This image might not be in the public domain outside of the United States; this especially applies in the countries and areas that do not apply the rule of the shorter term for US works, such as Canada, Mainland China (not Hong Kong or Macao), Germany, Mexico, and Switzerland.

Nyttend (talk) 05:42, 4 January 2010 (UTC)

Could somebody also remove the category and add it to the documentation subpage, please. Cheers --Cwbm (commons) (talk) 14:19, 4 January 2010 (UTC)
✓ Done, both done. --The Evil IP address (talk) 16:58, 4 January 2010 (UTC)

Should be deprecated[edit]

There is {{PD-1923}} which is clear. This one is too fuzzy. /Pieter Kuiper (talk) 21:49, 27 August 2011 (UTC)

I kinda agree. At least this would makes sense in light of the general license template policy. — Preceding unsigned comment added by Cwbm (commons) (talk • contribs)

Sl[edit]

Please, add sl to the translation list. Thanks a lot. --Eleassar (t/p) 10:17, 10 October 2012 (UTC)