Template talk:PD-Russia

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[edit] Bad news about status of {{PD-Russia}} since January 1 2008

If you understand Russian, please take a part in discussion on ru:Википедия:Форум/Авторское право in Russian Wikipedia. Alex Spade 10:51, 22 August 2007 (UTC)

You mean article 6 of Law 231-FL, the implementation act for 230-FL, the new part IV of the Civil Code? Yes indeed, that's going to be a problem. To summarize for non-Russian speakers: on January 1, 2008, a new copyright law will become effective and replace all previous Russian copyright laws. This new law has again retroactive effects, like the 1993 law already had. The new law is contained in Part IV of the Russian Civil Code (law 230-FL). In articles 5 and 6 of the implementation act (231-FL) make this law retroactive:

Article 5: Part IV of the Civil Code is applied to all judicial relationships which arose after its entry in force (that's January 1, 2008—Lupo). For judicial relationships that already existed before that date, it is applied to those rights and responsibilities which will arise after its entry in force. Existing rights continue to be protected according to the rules of Part IV of the Civil Code. The author of a work or other initial rights holder is determined in accordance with the legislation that was in force at the time the work was created.

Article 6: The copyright terms defined by articles 1281, 1318, 1327 and 1331 of [Part IV of] the Civil Code of the Russian Federation apply in all cases when the 50-year term of copyrights or neighbouring rights had not expired before January 1, 1993. The copyright of legal persons, which arose until August 3, 1993, i.e., until the entry in force of the 1993 Copyright law of the Russian Federation of July 9, 1993, N5351-1, expires after 70 years from the day of the legitimate promulgation of the work, or 70 years after the creation of the work, if it has not been promulgated. The rules of Part IV of the Civil Code apply by analogy to the appropriate judicial relationships. For purposes of their application such legal persons are considered the authors of the works.

(Translation from [1] by Lupo)

This means that newly, the cut-off years for PD are pushed back by 11 years, and some works that already were PD in Russia newly become copyrighted again there. Instead of 1954 (and 1950 for people who worked or fought in the Great Patriotic War), we get 1943 and 1939 as the cut-off years for Soviet works to be PD in Russia. The corresponding dates for Soviet works to be PD in the U.S. remain unchanged, though (1946 and 1942). The URAA works with the fixed date on January 1, 1996 and doesn't account for later retroactive changes in the source country. Lupo 11:22, 22 August 2007 (UTC)

I've deprecated the template, with instructions for replacing with a more appropriate template. Does anyone think that Commons:Template:PD-Russia-2008 should be imported to en Wikipedia? It seems like it would apply in some rare cases (except maybe television or film screenshots). Kelly ^hi! 21:06, 17 April 2008 (UTC)

I suppose, your action is wrong, because these changes in Ru-law were made after Jan.1, 1996 - so nothing has cnanged for En-Wiki with its principle "US-law only". These changes are impotant for Commons, Ru-Wiki and other projects, which are oriented to principle "US-law + law of country of origin" Alex Spade (talk) 21:14, 17 April 2008 (UTC)

Hmmm, I think we'd need an opinion from an expert on that, but I suppose {{PD-US}} or {{PD-US-1996}} could apply in some special cases. I need some help updating the template documentation on that, though. Kelly ^hi! 21:20, 17 April 2008 (UTC)

Ok. {{PD-US}} or {{PD-US-1996}} are good enough. I will made proposal of Template:PD-Russia tomorrow or on Saturday. Alex Spade (talk) 21:38, 17 April 2008 (UTC)