User talk:Jonbowenelsfield

Welcome to Wikimedia Commons, Jonbowenelsfield!

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-- Wikimedia Commons Welcome (talk) 18:25, 12 February 2017 (UTC)

File:BRA Review Autumn 1977.pdf

Just wondering if you could explain why you believe the file you uploaded File:BRA Review Autumn 1977.pdf to be in the public domain ? It would appear that the document is under copyright in the source country and thus remains in copyright in the USA. Nick (talk) 20:30, 12 February 2017 (UTC)

Hi - I may be wrong here and I'm happy to be corrected. This magazine was passed to me as a "historical document" by a member of the organisation's management committee with a specific request that the content be made available on the internet, with the ultimate intention of creating a wikipedia page devoted to the life of Arthur Bowen. This task was felt to be appropriate to be given to me as he is (was) my Father. My understanding, and again I may be wrong, was that the BRA never copyrighted their material because part of their mandate as a charity was, and still is, to provide and distribute information for disabled people. Finally, I understand, and yet again I may be wrong, (but I did research this at length) that material published in 1977 was not automatically copyrighted just by being published, but had to include a copyright notice. Now, I may have missed something, but I have checked every page of the magazine for a copyright notice, and I haven't found one. If you *have* found a copyright notice then, yes, I will remove the document from the internet and I will return to the BRA (now Arthritis Care) to request clarification. — Preceding unsigned comment added by Jonbowenelsfield (talk • contribs) 20:53, 12 February 2017 (UTC)

(duplicating my comment at enws) The UK has not required registration or notice for copyright protection, at least since the 1911 Copyright Act, and probably not even under previous law. To quote enwiki, "The 1911 Act provides that an individual's work is automatically under copyright, by operation of law, as soon as it leaves his/her mind and is embodied in some physical form: be it a novel, a painting, a musical work written in manuscript, or an architectural schematic. This remains the legal position under the Schedules of 1956 Act and of the 1988 Act." (see w:en:Copyright law of the United Kingdom#Qualification for protection) This means that all works of "qualified persons" are copyrighted, whether they 'claim' so or not. Under the 1956 Copyright Act, which was in force at the time of publication, the definition of a qualified person includes "a body incorporated under the laws of any part of the United Kingdom or of another country to which that provision extends." There is no exception made for charities, and the text in the current law is similar. The BRA's works are copyrightable under UK law, and are copyrighted unless they have explicitly and publicaly abandoned that copyright, unless the term has expired. Revent (talk) 21:26, 12 February 2017 (UTC)

It's worth noting further that the United Kingdom has been a party to the Berne Convention since 5 December 1887.... the treaty was amended in the Berlin Act of 1908 (which the UK signed) to explicitly forbid 'formalities' such as notice or registration. - Revent^talk 21:37, 12 February 2017 (UTC)

The above said however, if Arthritis Care wants to formally donate archive material, such as back issues of the publication concerned, there is a process by which they (being apparent successors to the BRA and thus the effective copyright holder.) can confirm the permission needed, see COM:OTRS. I'm sorry if this all seems a bit formal (or legalistic), but Wikimedia Commons treats copyright issues seriously. Based on what you explained earlier, I don't see a concern arising if there was a genuine desire to see historical material released, but for various reasons formal confirmation of release is always desirable. ShakespeareFan00 (talk) 21:47, 12 February 2017 (UTC)

No Worries, I was clearly misinformed. I've no idea whether they'll release the material. They may see it as an asset and hope that people will pay for access. Or they may see release of their archives as being great for publicity. Or they may not care. They're not predictable :-) Anyway, I'll talk to them and see what happens. — Preceding unsigned comment was added by 80.229.233.191 (talk) 22:21, 12 February 2017 (UTC)

I definitely think that it is worth contacting them, and for them to also review the terms to their submitting contributors to whether copyright is assigned to the publication in perpetuity. It may be that submitting an article just entitled the journal to publish, it may not assign the copyright to the journal's editors. So many nuances!  — billinghurst sDrewth 00:22, 13 February 2017 (UTC)

OK, Arthritis Care has agreed to license the material under a Creative Commons license and have sent an appropriate email to the OTRS address. I gather there's a backlog of 63 days, so now it's just a question of waiting. — Preceding unsigned comment added by Jonbowenelsfield (talk • contribs) 02:05, 18 February 2017 (UTC)

File tagging File:BRA Review Autumn 1977.pdf

This media was probably deleted.

Thanks for uploading File:BRA Review Autumn 1977.pdf. This media is missing permission information. A source is given, but there is no proof that the author or copyright holder agreed to license the file under the given license. Please provide a link to an appropriate webpage with license information, or ask the author or copyright holder to send an email with copy of a written permission to VRT (permissions-commons@wikimedia.org). You may still be required to go through this procedure even if you are the author yourself; please see Commons:But it's my own work! for more details. After you emailed permission, you may replace the {{No permission since}} tag with {{subst:PP}} on file description page. Alternatively, you may click on "Challenge speedy deletion" below the tag if you wish to provide an argument why evidence of permission is not necessary in this case. Please see this page for more information on how to confirm permission, or if you would like to understand why we ask for permission when uploading work that is not your own, or work which has been previously published (regardless of whether it is your own). The file probably has been deleted. If you sent a permission, try to send it again after 14 days. Do not re-upload. When the VRT-member processes your mail, the file can be undeleted. Additionally you can request undeletion here, providing a link to the File-page on Commons where it was uploaded ([[:File:BRA Review Autumn 1977.pdf]]) and the above demanded information in your request.

 

Yann (talk) 21:21, 12 February 2017 (UTC)