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Commons talk:Licensing


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Kendi Çalışmamın Başkasının Çalışması Diye Silme Adayı GösterilmesiEdit Dosyanın bana ait olduğunu teyid ederim. Herhangi bir vikimedia commons kullanıcısının şikayeti ile çalışmamın silme adayı gösterilmesine ve üstelik kendi çalışmamın bana ait olmadığı mesaj ile iletilmesi gerçekten üzdü beni. Tekrar ediyorum kendi çalışmam ve diğer bütün dosyalar benim kendi çalışmalarımdır. Dosyalarımı herhangi bir stock sitesinde kendi satışım dışında, satışta gördüğüm takdirde konuyu yargıya taşıyacağımıda iletmek istiyorum. İyi günler.

— Preceding unsigned comment added by Yimazbeyazduman (talk • contribs) 06:33, 25 May 2018 (UTC)

The Music Modernization Act and pre-1972 sound recordingsEdit

On the Village pump/Copyright, there was a discussion about the Music Modernization Act (MMA), which was signed into law in October of this year. From what I understand, and from what others have said, some of the provisions of the MMA mean that all sound recordings that were first fixed prior to February 15, 1972 are now covered solely by US federal copyright. (Prior to the MMA being enacted, sound recordings that were first fixed prior to February 15, 1972 were not covered by US federal copyright law but could be copyrighted under state laws and/or common law copyright at the state level. An exception to the previous statement is that certain foreign (non-U.S.) sound recordings could be subject to federal copyright (or, possibly, both federal and state-level copyright simultaneously) under the URAA.) Under the MMA, a pre-1972 recording's copyright term under federal copyright depends on when the recording was first published. From this, it seems that the information on Commons:Licensing about sound recordings, specifically some of the information in the section "Material in the public domain", is now outdated.

Based on the referenced VP/C discussion, and assuming that the MMA means that certain pre-1972 recordings will fully enter the public domain sooner than they would have done otherwise, and assuming that sound recordings first fixed on or after February 15, 1972 are subject to the same US copyright provisions as other works, I propose the following text for information on sound recordings and US copyright:

In the US, the copyright situation for sound recordings (including those published before 1923) is a special case. Under the Music Modernization Act, recordings that were first fixed prior to February 15, 1972 are copyrighted for a period of time under US federal copyright that depends on when the recording was first published. The specific copyright term lengths are as follows:
  • Recordings that were first published prior to 1923 will enter the public domain on January 1, 2022.
  • Recordings that were first published between 1923 and 1946 are copyrighted for a period of 100 years after first publication.
  • Recordings that were first published between 1947 and 1956 are copyrighted for a period of 110 years after first publication.
  • Recordings that were published after 1956 and first fixed prior to February 15, 1972 will enter the public domain on February 15, 2067.
Note that the copyright terms given above are not subject to the same formalities as other works. In particular, these copyright terms for sound recordings that were first fixed prior to February 15, 1972 apply regardless of whether a recording was published with a copyright notice, or whether a recording was registered with the US Copyright Office, or whether a recording's copyright was renewed.
Sound recordings that were first fixed on or after February 15, 1972 are subject to the same US copyright law term lengths and provisions as other works.

--Gazebo (talk) 07:50, 6 November 2018 (UTC)

Sounds good. I would put the documentation of the specific terms in the CLASSICS section of the Music Modernization Act wiki article, and link directly to that (probably good to add the article as both a reference and an external link there). I don't see the need to put that entire text in all places, but PD-US-record should be updated with that info, as should be the talk page (with a section at the top probably) so that links there see the updated information, and other places can just reference it. COM:L could perhaps list the bulleted special terms, but not sure it needs all the caveat text. w:Wikipedia:Public_domain#Sound_recordings needs updating.
I suppose there could be an ambiguity with URAA works starting in 2046, and a few countries possibly earlier, though it may take a while before any court case works that out :-) At first blush, these new clauses seem to apply to any recording made before 1972, not just ones not yet under federal protection. I would probably guess foreign works get the extended terms too (since they were supposed to be given the equivalent U.S. terms by the URAA). URAA works got the extended terms given in 1998; presumably they would get the longer terms here too unless a court says otherwise. Probably not worth it to mention.
Another bit of good information is that there is a special procedure which acts as the equivalent of registration for pre-1972 recordings. While not required to preserve copyright, it affects the damages you can get in return for violations (like registration still does for normal copyrighted works, and 1972 and later sound recordings). There is more info here, and a page here where these schedules will be searchable. Carl Lindberg (talk) 15:23, 6 November 2018 (UTC)
@Clindberg: I have updated the text on COM:L. In the updated text, I included a sentence about formalities (namely that formalities do not affect the copyright term for pre-1972 recordings) but I did not mention anything about the URAA and non-US recordings. Presumably, the updated text can be revised by others, but it seemed useful to update the existing outdated information. (As far as COM:L being official policy, there is still the issue of pre-1972 recordings that were uploaded to Commons prior to the MMA taking effect (at least some of those recordings were tagged with {{PD-US-record}}) but that issue may not be applicable to the COM:L text.) --Gazebo (talk) 07:34, 18 November 2018 (UTC)
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