Commons:Deletion requests/File:Le catéchisme des électeurs, édition de 1936.pdf
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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.
The work is not in public domain in the United States. Szmenderowiecki (talk) 15:48, 31 August 2023 (UTC)
- To be clear, before URAA came into force in 1996, the most recent version of the Copyright Act says that where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. Because the work was published in 1935, it would have only gone out of copyright in 2010. In 1996, URAA came into effect. Since at the time of URAA (1996) the work was not in public domain in Canada, US copyright applies and so the work must be 95 years old to be on Commons as being in public domain. Because it is copyrighted in the US, it should be removed from Commons. Szmenderowiecki (talk) 15:56, 31 August 2023 (UTC)
- The truncated text above omits essential parts of the text. Sections 6.1 and 6.2 of the Copyright Act were enacted in 1993, by S.C. 1993, c.44, s.58, in force 1 January 1994. They remained unchanged until 2020, when they were modified by S.C. 2020, c.1, s.24, in force 1 July 2020. The full text of sections 6.1 and 6.2, in force from 1994 to 2020, was:
- Anonymous and pseudonymous works
- 6.1 Except as provided in section 6.2, where the identity of the author of a work is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:
- (a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and
- (b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,
- but where, during that term, the author’s identity becomes commonly known, the term provided in section 6 applies.
- Anonymous and pseudonymous works of joint authorship
- 6.2 Where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:
- (a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and
- (b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,
- but where, during that term, the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies, and a period of fifty years following the end of that calendar year.
- As long as the identity of the author or authors remains unknown, those two sections are identical for the duration of the copyright of anonymous works. The term of the copyright is whichever ends earlier: 50 years after publication or 75 years after creation. That was reflected in simplified form in the Commons template PD-Canada-anon, in its version before 2021. An anonymous work published in 1935 entered the public domain in Canada on 1 January 1986. -- Asclepias (talk) 01:22, 2 September 2023 (UTC)
- Keep. Public domain work. In use. -- Asclepias (talk) 01:22, 2 September 2023 (UTC)
- I withdraw this nomination. The law here is clear, thanks Asclepias Szmenderowiecki (talk) 10:29, 4 September 2023 (UTC)
- Well, I looked into it a little more today and the matter may not be completely resolved. This deletion request provided an opportunity to revisit this booklet and its context. It must be noted that, despite the filename, it is clear when reading it that this edition is from 1935, not 1936. Its contents allow the conclusion that it is probably from November 1935, just before the 1935 election. The 1936 edition was made for the August 1936 election. It can be consulted at BAnQ in the archives of the newspaper L'Illustration Nouvelle, where it was reproduced from 8 to 17 August 1936, on p. 8 of each issue. Now the difficulty begins. Rumilly (Maurice Duplessis et son temps, 1973, at p. 253) attributes the 1936 booklet to Louis Dupire, Louis Francoeur, Roger Maillet and Édouard Masson. He does not provide any source for this attribution. Strangely, Rumilly seemed silent about the booklet in his earlier work, Histoire de la province de Québec, vol. XXXV, 1966 (of which he reuses parts in his 1973 book). Even in 1973, he seems ignorant of the 1935 booklet. Later works, e.g. Black (Duplessis, 1977), seem to simply repeat Rumilly on this point. For what it's worth, I would be content to leave the 1935 booklet under the description of anonymous. -- Asclepias (talk) 01:41, 5 September 2023 (UTC)
Kept: per discussion and renamed to reflect that this is the 1935 edition. --Rosenzweig τ 12:05, 7 September 2023 (UTC)