Commons:Deletion requests/File:Indian Passport.jpg
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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.
Indian copyright law has no provisions for official symbols and the like, and, unfortunately, this probably doesn't fall under the too simple for copyright rules, unless the symbol in the middle - the only copyrightable part of the design - has been in use long enough to be public domain. Adam Cuerden (talk) 13:38, 3 June 2010 (UTC) --Adam Cuerden (talk) 13:38, 3 June 2010 (UTC)
- For the record, the Emblem was adopted on 26 January 1950 (see en:Emblem of India) and copyright on Indian governmental works expires 60 years after creation. That may mean it's (barely) in copyright, or it may mean it's out of copyright, due to lead in times. If it's copyrighted, File:Emblem_of_India.svg and various other things should be deleted (until January). Adam Cuerden (talk) 13:48, 3 June 2010 (UTC)
- I have notified WikiProject India because this discussion needs a thorough debate. --JovianEye (talk) 14:14, 3 June 2010 (UTC)
- It was adopted on 26 January 1950, but was designed earlier (Indian constituent assembly was constituted in December 1946, so this the emblem must have been designed sometime between the two dates). So what constitutes "publication" here? The govt must have issued press releases showing the emblem before 26 january 50. Can that date be taken as the date of publication?--Sodabottle (talk) 14:24, 3 June 2010 (UTC)
- Would the fact that sixty years have elapsed since its adoption not make it out of copyright, and therefore suitable for use on Commons? Regards, SBC-YPR (talk) 16:35, 3 June 2010 (UTC)
- Copyright expires on the next January 1st. So if it was created on (say) January 7th 1950, copyright expires January 1st 2011. Adam Cuerden (talk) 16:45, 3 June 2010 (UTC)
- That's not so clear for all countries. Not every copyright law defines the date of expiration to the next January 1st. Don't know about india, though. But I agree with Sodabottle, there has most likely been a press release showing the emblem before it was accepted. --PaterMcFly (talk) 08:24, 4 June 2010 (UTC)
- Adam is right. Section 28 of the Indian Copyright Act, 1957 states:
- That's not so clear for all countries. Not every copyright law defines the date of expiration to the next January 1st. Don't know about india, though. But I agree with Sodabottle, there has most likely been a press release showing the emblem before it was accepted. --PaterMcFly (talk) 08:24, 4 June 2010 (UTC)
- Copyright expires on the next January 1st. So if it was created on (say) January 7th 1950, copyright expires January 1st 2011. Adam Cuerden (talk) 16:45, 3 June 2010 (UTC)
- Would the fact that sixty years have elapsed since its adoption not make it out of copyright, and therefore suitable for use on Commons? Regards, SBC-YPR (talk) 16:35, 3 June 2010 (UTC)
28. Term of copyright in Government work.- In the case of Government work, where Government is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.
- (emphasis supplied) This would mean that the copyright for the emblem would expire sixty years from the beginning of the year following the one where the emblem was first published. Sodabottle, do you have any idea as to the details of prior publication of the emblem? Regards, SBC-YPR (talk) 15:44, 4 June 2010 (UTC)
- I am chasing it down. The flag was adopted on July 22 1947 and unveiled. In the minutes of the meeting that finally agreed on the flag, in july 47, a post script says the emblem was not agreed upon and the discussion postponed. So emblem was finalised after july 47. It would have been published in a government gazette.--Sodabottle (talk) 06:59, 5 June 2010 (UTC)
- Thanks for managing to locate that! And sorry about all this work: It's one of those things that, unfortunately, we need to get right, but that doesn't make it fun. =/ 11:28, 5 June 2010 (UTC)
- I am chasing it down. The flag was adopted on July 22 1947 and unveiled. In the minutes of the meeting that finally agreed on the flag, in july 47, a post script says the emblem was not agreed upon and the discussion postponed. So emblem was finalised after july 47. It would have been published in a government gazette.--Sodabottle (talk) 06:59, 5 June 2010 (UTC)
- (emphasis supplied) This would mean that the copyright for the emblem would expire sixty years from the beginning of the year following the one where the emblem was first published. Sodabottle, do you have any idea as to the details of prior publication of the emblem? Regards, SBC-YPR (talk) 15:44, 4 June 2010 (UTC)
- We have a winner - 15 November 1948. The design is described on this date. I don't have concrete proof that the design was published, but the debates were daily/weekly published by the parliament secretariat in the government gazette. Thus if the description is there in the debate it is highly likely that an image would have been there too. So date of first publication is 1948 and ergo copyright expired in 2008.--Sodabottle (talk) 18:33, 5 June 2010 (UTC)
Kept. Jim . . . . Jameslwoodward (talk to me) 12:18, 11 June 2010 (UTC)
