User talk:NorCalHistory/Archive1

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Image:Wintu Women circa 1900.jpg

Hi. The source is given on the image page. Since the image was made around 1900, the copyright is expired, and the image is public domain. About Trinity River band of Wintu or Winnemem Wintu, that I do not know. For now I have added the image again. Let me know if this is OK with you. -- Chris 73 Talk 10:02, September 6, 2005 (UTC)

No problem. I won't add it again. However, I assure you that images taken before about 1920 (don't know the exact year) are in the public domain in the US, and many other countries. If you do find a better place for the image, please add it again. -- Chris 73 Talk 15:09, September 6, 2005 (UTC)

Their claim is without basis. In a similar ruling, a large New York Art museum (forgot the name) claimed copyright for all their old paintings, and photos thereof. The Museum lost the suit, since all pictures, photos, etc, before 1923 are no longer eligible for copyright. Hence the photo is in the public domain, and can be reproduced as desired. There are tons of images/photos before 1923 on Wikipedia that are PD because of this clause, even if the source claims a copyright. Details see Copyright Ter Extension Act -- Chris 73 Talk 15:20, September 6, 2005 (UTC)

Copyright is always a murky business, and I appreciate your work trying to clarify things. I am pretty sure it is PD, but I am not certain. I have an eye on the image on the commons, too, and would be curious about the outcome of the discussion there. Thanks for your work, it is appreciated even if in the worst case the image would have to be deleted. -- Chris 73 Talk 17:12, September 6, 2005 (UTC)

Chris -

My copyright attorney friends have gotten back to me, and it turns out the answer is clear and straightforward - the image is definitely copyright protected. The while the image was created some hundred years ago, it was not published in the public domain and copyrighted until just recently.

The Copyright Statutes are contained within Title 17, Chap. 3 of the United States Code. Section 303(a) of that Chapter states: "Copyright in a work created before January 1, 1978, but not theretofore in the public domain or copyrighted, subsists from January 1, 1978, and endures for the term provided by section 302. ... [I]f the work is published on or before December 31, 2002, the term of copyright shall not expire before December 31, 2047." [1]

Hence, 17 U.S.C. Chap. 3, Sec. 303 (above) provides that the copyright "shall not expire before December 31, 2047."

I'm not sure about the source of the "common knowledge" that nothing created before 1923 was protected, but that is plainly not accurate! That "common knowledge" may apply to works published before 1923, but it does not apply to unpublished works. Please also see Copyright Protection Chart

I will seek to have the image removed from Wikipedia Commons. Thank you for your courtesy and thoughtfulness!

NorCalHistory 21:59, 20 September 2005 (UTC)

reply about Wintun

hi. i looked in the Handbook & typed up what was there: User talk:Ish ishwar#great work and much appreciated: Wintun.

– ishwar  (speak) 06:49, 2005 September 10 (UTC)

C-evo archive

/archive C-evo