Template talk:PD-South-Africa

From Wikimedia Commons, the free media repository
Jump to navigation Jump to search

Summarizing South African copyright law[edit]

Yann originally wrote "image" and "all photographs" in this edit, 20:11, 23 September 2006 (UTC). I re-read the South African Copyright Act and changed the language to "work" and "all copyrighted works" in this edit, 14:58, 1 June 2007 (UTC). Lupo changed the language from "all copyrighted works" to "films and photographs", and added "(or created, if unpublished)". I don't see why we need to be so specific to "films and photographs". I carefully analyzed each lineitem in the "Duration of Copyright in terms of the South African Copyright Act." section before making my determination. Furthermore, while I sure that Lupo's interpretation of 50 years from the end of the year of creation for unpublished films and photographs is OK, I am not sure that is extensible via publication; that is, if a film or photographic work was created in South Africa 1 January 1907 and not published until 50 years later on 1 January 1957, I think its copyright would have expired 1 year after that on 1 January 1958, and not still be valid until 51 years after that (a total of 101 years of protection) on 1 January 2008.   — Jeff G. (talk|contribs) 14:11, 28 October 2007 (UTC)[reply]

Place of creation[edit]

From what I understood, a work doesn't have to be actually created in South Africa to enjoy copyright by South African law. It is enough that it was created by a citizen or permanent resident of South Africa (or a legal entity registered in South Africa) and was first published there. For example a picture taken abroad by a South African photographer, which was brought to South Africa and published there does certainly enjoy protection under this law. So, I changed the wording. --Botev 23:06, 20 November 2007 (UTC)[reply]

1946?[edit]

Why is this the cut-off date? It doesn't make sense. Anrie 15:43, 19 February 2008 (UTC)[reply]

I guess what they mean is that South African images are PD in the US only if they were PD in South Africa in 1996. Since the duration of copyright in South Africa is 50 years from publication, all images published there before 1946 were PD in 1996. --Botev 15:57, 19 February 2008 (UTC)[reply]

Copyrighted still?[edit]

Per en:Wikipedia:Non-U.S._copyrights#Subsisting copyrights that only material released between January 1, 1923 and July 1, 1924 are currently in Public Domain as US and SA had their copyright relations concluded (subsisting U.S. copyright applies). So only the works published after January 1, 1923 but before the effective date of copyright relations between SA and the United States are PD? feydey (talk) 12:10, 16 May 2009 (UTC)[reply]

Protected edit request - fix dead link[edit]

{{Edit request}} The link to the Copyright Act of 1978 is dead because of a website redesign at the CIPC. The new URL is http://www.cipc.co.za/files/5913/9452/7970/Copyright_Act.pdf. - Htonl (talk) 21:48, 14 August 2015 (UTC)[reply]

✓ Done --Hedwig in Washington (mail?) 08:14, 1 September 2015 (UTC)[reply]

Lint errors[edit]

{{Edit request}} This template is causing lint errors because of misnested tag <small>. Please apply ‎<small>...‎</small> to each line of text instead of to the whole block of bulleted list (or remove the tags altogether). —capmo (talk) 16:22, 22 June 2018 (UTC)[reply]

✓ Done -- User: Perhelion 22:51, 21 July 2018 (UTC)[reply]

1946 or 1973?[edit]

The cut off date of 1946 relates to the 50 years and not to the 1996 date. The template is very confusing as even images meet the SA PD requirements it’s being removed because of the strange 1946 criteria FuzzyMagma (talk) 12:44, 18 August 2023 (UTC)[reply]

This sentence “A South African work that is in the public domain in South Africa according to this rule is in the public domain in the U.S. only if it was in the public domain in South Africa in 1996, e.g. if it was published before 1946 and no copyright was registered in the U.S. (This is the effect of 17 USC 104Awith its critical date of January 1, 1996.)” is not supported with the cited US law which applies to restored work; thus, it should be removed from the template. Similar to other PDs, see for example template:PD-Kenya, and template:PD-Sudan FuzzyMagma (talk) 12:51, 18 August 2023 (UTC)[reply]