Help:Form I & Affidavit (Customised for relinquishment of copyright as per 'free cultural work' definition)

Disclaimers: General disclaimers and wikipedia legal disclaimers are applicable.

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Support requirements:

  1. Proof reading correctness vis a vis Indian Copyright act 1957 (post 2012 amendment) for the sections refered for there correctness.
  2. Discussion on such requirement vis a vis already available open licences vis a vis http://freedomdefined.org/Definition
  3. RFC at Requests for comment/Customised Version of Form I & Affidavit an option available under (Indian) Copyright act 1957 rules
  4. Improving present customised document as per discussion and/or according to your knowledge.(Please cite reasons for major changes in the document)


Purpose: Form I & Affidavit, Customised for relinquishment of copyright as per 'free cultural work' definition (without leaving any legal doubts under Indian copyright act 1957' Section 30, 30A, 19, 57

The document is expected to work independantly who want to relinquish rights with particular reference to Indian Copyright act 1957 and also free cultural work definition
The document also should work along with CC-by-sa-4.0-unported-international or PD licences (This document is not ported version of any license, rather a document with indian legal view without any legal restrictions.


Purpose Details:

section 21 of the copyright act 1957 (14 of 1957) and rule 5 subrule (2) of Copy-Right-Rules-2013 do provide for relinquishment of copyrights. Along with section 21 section 30 deals with licences and section 30A in turn states that section 19 remains applicable. And this circular argument may leave chance for legal ambiguity in certain cases which may not be in line with 'free cultural work' definition which wikimedia foundation wants to pursue in thier licensing policy since wikimedia foundation asks to follow licences.
Applicability of which sections can lead to legal ambiguity?:
  1. Section 21 subsection (3) leaves scope for situation that work is not freed by all copyright owners ?
  2. Section 21 drops necessity of signature but section 30A pertaining to licensing takes you again to section 19 subsection 1 which asks for signature, subsection 4,5 and 6 limit period and terrioty of assignment, subsection 8 seems to make assignments (licences) void if a work is already assigned to a copyright society; Section 57 subsection 1 clause (b) leaves room for damage claims vis a vis derivatives if author or any of his heirs get agreived on pretext that the derivative work is prjudicial to authors honour and reputation.


*Please see: Section 21subsection (3), Section 30A, Section 19 subsections 1,2,4,5,6; Section 57 subsection(1) clause (b)
  1. Section 21 subsection (3):" The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favour of any person on the date of the notice referred to in sub-section (1)."
  2. Section 30A."Application of section 19:The provisions of section 19[6thAmnd 35] shall, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work."
  3. Section 19. Mode of assignment
16[(1)] No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent.
4[(2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.
(3) The assignment of copyright in any work shall also specify the amount of royalty and any other consideration payable[6thAmnd 1], to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.
(4) Where the assignee does not exercise the rights assigned to him under any of the other sub-sections of this section within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.
(5) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.
(6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.
(7) Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994.]
[6thAmnd 2](8) The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void.
[6thAmnd 3](9) No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilization of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall.
[6thAmnd 4](10) No assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilization of such work in any form.
  1. Section 57. Author's special rights..
4[(1) Independently of the author's copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right-
(a) to claim authorship of the work; and
(b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work [6thAmnd 5] if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation:
PROVIDED that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies.
Explanation : Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section.
  • year 2012 amendments in above sections:
  1. for the words "royalty payable, if any”, the words "royalty and any other consideration payable” substituted;..by clause (i) of Section 9 of Act 27 of 2012, w.e.f. 8th June, 2012
  2. subsections 8,9,10 inserted after sub-section 7 of Section 19 of the principal act..by subsection (ii) of section 9 of Act 27 of 2012, w.e.f. 8th June, 2012
  3. subsections 8,9,10 inserted after sub-section 7 of Section 19 of the principal act..by subsection (ii) of section 9 of Act 27 of 2012, w.e.f. 8th June, 2012
  4. subsections 8,9,10 inserted after sub-section 7 of Section 19 of the principal act..by subsection (ii) of section 9 of Act 27 of 2012, w.e.f. 8th June, 2012
  5. Words "which is done before the expiration of the term of copyright" omitted ..by subsection (i) of section 36 ofAct 27 of 2012, w.e.f. 8th June, 2012
* Frequently asked questions

Until proof reading, discussiona and improvements, peer reveiw is done page is deamed under construction. Leagal disclaimers are also applicable.

Mahitgar (He who knows ,wants to know and and loves to keep others informed) (talk) 10:15, 29 April 2015 (UTC)

This doesn't look like a help page, it's something about copyright. It's also not clear who it's addressed to, nor what problem it attempts to solve. Is this yet another page on how to freely license works for import in Wikimedia projects, similar to commons:Commons:Email templates? --Nemo 08:40, 8 May 2015 (UTC)
As said at Rfc this document intends to keep issue within section 21 of Indian Copyright act allowing reliquishment of copyright at the same time reducing probable gap between other sections of the Indian copyright act and open free licences; to the extant possible.
1) Yes, very much this affidavit document intends to work similar to commons:Commons:Email templates where in a single email will be sent to Indian Copyright office and copied to permissions-commons-At-wikimedia.org
2) customised affidavit by attaching the same with apropriate declaration to commons:Template:Self or a similar template. As of now on mr- wikipedia I have done the same by making template w:mr:Template:स्वतः which along with verbatim copyright reliquishment declaration (as expected by indian law) states that the reliquishment declaration obliges to both to the customised affidavit and to the respactive chosen free license.
If the gaps between CC licences and Indian Copyright act are small enough and can be filled with a customised affidavit by attaching the same as said above will make the affidavit usefull in this way also.
3) On mr-wikipedia we are contemplating that a link to this/such document be provided in localised upload wizard.
Thanks and rgds
Mahitgar (He who knows ,wants to know and and loves to keep others informed) (talk) 02:43, 14 May 2015 (UTC)


Form I & Affidavit (Customised for relinquishment of copyright as per 'free cultural work' definition)Edit

  • 'Form I' is addressed to Indian copyright office i.e. copyrightॲटnic.in ; affidavit part is addressed to both to Indian copyright office i.e. copyright@nic.in and to OTRS team at permissions-commons@wikimedia.org One single email is expected to be copied to both the email addresses.
  • Before you send the e-mail, ensure that you've removed all the comments from the template.
  • Replace the template text (such as name) with your own details.
  • Please be aware: that this document constitues publically visible notice on internet, and that if, you do not take due care a risk may exist that full legal names (then identifiable against anonymous account names) and residential addresses may get officially or accidentally exposed on the internet from respective government authorities.
FORM I (English) Application I (Translation to other Indic language, for reference if needed)
(Copyright Rules 2013; See rule 4) Please translate to your (indic) language.
To,

The registrar of Copyrights
Copyright office,
New Delhi.
Email Address: copyrightॲटnic.in

Sir,
In accordance with section 21 of the copyright act 1957 (14 of 1957) and rule 5 subrule (2) of Copy-Right-Rules-2013, I hereby give notice that, I have given notice of relinquishment of rights, alongwith the work published on one of wikimedia websites namely wikimedia commons/Marathi Wikipedia/ other wikimedia foundation website with effect from date of the notice on the said website or the form I whichever earlier, I do relinquish to the extent specified in enclosed affidavit my rights in the work described in the said affidavit.

Yours faithfully,

Place:

Date:

Signature :

Please translate to your (indic) language.

affidavitEdit

  • Specially this affidavit part of this document is expected to be usefull as declarations of consent Email template to send filled templates to permissions-commons@wikimedia.org, which serves as the Wikimedia Foundation's central archive for permissions. For a full process description, see Commons:Commons:OTRS.
  • The affidavit part is addressed to both to Indian copyright office i.e. copyright@nic.in and to OTRS team at permissions-commons@wikimedia.org One single email is expected to be copied to both the email addresses.
Form of Affidavit referred to above (Please translate to your (indic) language.) for reference
I,,............................................................................................,of

( Full name in block letters )
..........................................................................................................
(Name of place of current residance and residance of domicile mandatory)

(Please translate to your (indic) language.)
hereby or (Please translate to your (indic) language.)
(address) (Please translate to your (indic) language.)
solemnly affirmaition state that -

(1) I am the author of the work described in the statement below;
(2) I am the owner of the copyright in the said work to the extent specified in the said statement; and
(2A) That for the whole work any part there of, I/we affirm that, there is no known other assignement, granted licence nor any contractual obligation, and that there are no other known rights what so ever are reserved other than the below given statement, and that The whole work and every part there of is being made available for relinquishment as the below given statement.
(2B) Here with I/we confirm that, there are no known other copyright holders or owners to the said work nor there are any other inheritors to the work who would claim copyright to any part or the whole work.

Or In case if any other known copyright holder owner is existing then their Form I , Affidavits and statements same as of this are enclosed here with to relinquish the rights in full force, and each of them is listed in this statement below, and if you do not find any other name that would automatically construe you that no other rights realy subsists and the work is ready to relinquish the rights in full force without any ambiguities, and is very much available to be relinquished as per 'Free Cultural Work' definition of http://freedomdefined.org/Definition as expected by wikimedia foundation licensing policy.

(3) I do here by relinquish my rights in the said work to the extent specified in the said statement :

(Please translate to your (indic) language.)
STATEMENT (Please translate to your (indic) language.)
Description of the work:

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph, Film, Sound Recording).

  • All Photographs and any other media uploaded by me/us to relinquish rights along with minimum cc-by-sa-4.0 unported-international license and additionaly GFDL and/or Public Domain licenses and/or any such multi licensing which is ok with Wikimedia objectives and Free cultural work definition.

(b) The title of the work, if any;
List of names as given in my upload contribution list uploaded by me/us to relinquish rights along with minimum cc-by-sa-4.0 unported-international license and additionaly GFDL and/or Public Domain licenses and/or any such multi licensing which is ok with Wikimedia objectives and Free cultural work definition.

(c) Full name address and nationality of the author;

Indian/ or else mention as the case may be

(d) Language of the work if any;

(e) Name address and nationality of the publisher if any;

Name of Wikimedia Website : Wikimedia commons/ Marathi language wikipedia/ or mention other options along with the URL
URL:

(f) Year of the publication, if any;

(fa) Registration No if document has been registered unders section 45 with copyright office.


(g) Here with confirm no part of this work is assigned to any copyright society what so ever.

(h) relinquishment is international and without any territorial or midium of usage limitations.

(i) relinquishment of the rights subsists in this whole and complete work is for ever for time immemorable

(j) Even in cases the work or relinquishment license is not used by anybody, rights are revoked for ever and relinquishment is irrivocable

(k) Neither this nor any other author nor their heirs, none will be entitled for any royalty or any compensation or any damages what so ever in capacity of being original authors, right partners or heirs.

(l) If it is adequately proved that the form and affidavit and statement are written by me and published on wikimedia.org websites and affidavit is duly communicated copyright office by email and copied to wikimedia foundation along with a proper relinquishment notice and license publication according to section 21 and section 30 of Indian Copyright act, process of written signature of section 19 (1) will not apply to this relinquishment.

(m) This relinquishment is being released under cc-by-sa-4.0 & GFDL or any license of future that will be compatible with objective of Free cultural work without any limitations what so ever.

(n) I/we are aware that relinquishment of the right is free of any limitations including that the work can be exploited beyond educational or beyond wikimedia projects and even for commercial consideration or can be changed along with derivative licenses as per the objectives of free cultural work and wikimedia foundation.

(o) I acknowledge that I cannot withdraw this agreement, and that the content may or may not be kept permanently on a Wikimedia project.

(p) I am aware that I always retain copyright of my work, and retain the right to be attributed in accordance with the license chosen. Modifications others make to the work will not be claimed to have been made by me.

(Please translate to your (indic) language.)|}

NoteEdit

  • You must clearly identify the content that you're permitting us to use. Something like "I am creator of the images used on XYZ page" is NOT sufficient. You must provide exact URL link(s) to the content or attach the content with the e-mail. For images, we prefer that you upload them to Wikimedia Commons with the {{ OTRS pending}} template, and provide the URLs of the uploaded images in your e-mail.
  • In the above example, the license granted is Creative Commons Attribution-Share Alike 4.0 International. You can choose another license from our list of free licenses, if you wish to. You MUST state a license; otherwise, this declaration is not valid. You must state the license's version, if applicable: CC-BY-SA 4.0 or Creative Commons Attribution-Share-Alike 4.0 are acceptably specific, just stating Creative Commons license, Creative Commons Attribution-ShareAlike, or CC-BY-SA (without the version number) is not.
  • E-Mail the permission e-mails to our email response team ("OTRS") at permissions-commons@wikimedia.org. The email you send must come from an email address that we can recognize. For instance, if you are releasing images from a website, your email address must be associated with the website or listed on the contact page of the website. If you are releasing images on behalf of an organization, your e-mail address must be an official address of the organization. If you are releasing a work that is not available online, you may be required to provide proof of your identity. If you are releasing a work where you are acting on the copyright holder's behalf, you may be required to provide proof of authorization to work on the copyright holder's behalf.

helpEdit

Type of Work Applicable subtypes Applicable sections
Artistic please fill apropriate info please fill apropriate info
Literary please fill apropriate info please fill apropriate info
Dramatic please fill apropriate info please fill apropriate info
Cinematograph please fill apropriate info please fill apropriate info
Film please fill apropriate info please fill apropriate info
Musical please fill apropriate info please fill apropriate info
Sound Recording please fill apropriate info please fill apropriate info

Form I and affidavit as isEdit

* Form I and affidavit as given in rule 5 subrule (2) of Copy-Right-Rules-2013

FORM I
(Copyright Rules 2013; See rule 4)

To,

The registrar of Copyrights
Copyright office,
New Delhi.
Email Address: copyrightॲटnic.in
Sir,
In accordance with section 21 of the copyright act 1957 (14 of 1957), I hereby give notice that, with effect from date of this notice, I do relinquish to the extent specified in enclosed affidavit my rights in the work described in the said affidavit.

Yours faithfully,

Place:

Date:

Signature :


Form of Affidavit referred to above

I,.........................................................................................................................................................................................................................................................................................................................................................................................,of

( Full name in block letters )

...........................................................................................................................................................................................................................................................................................................................................................do hereby or

(address)

solemnly affirmaition state that -

(1) I am the author of the work described in the statement below;
(2) I am the owner of the copyright in the said work to the extent specified in the said statement; and
(3) I do here by relinquish my rights in the said work to the extent specified in the said statement :

STATEMENT

Description of the work:

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph, Film, Sound Recording).
(b) The title of the work, if any;
(c) Full name address and nationality of the author;
(d) Language of the work if any;
(e) Name address and nationality of the publisher if any;
(f) Year of the publication, if any;





(Copyright Rules 2013; See rule 4)

CHAPTER III RELIQUISHMENT OF COPYRIGHT 4. The author of a work desiring to relinquish undersection 21 all or any of the rights comprised in the copyright in the work shall give notice to the Registrar of the copyrights in form I or give public notice under subrule (2) of Rule 5.
5. (1) The Registrar of Copyrights shall, within 14 days from date of publication of notification in the Official gazzette post the notice on the website of the copyright office so as to remain the same in public domain for a period of not less than 3 years

(2) .... this subsection is almost same as of form I for more info see http://www.copyright.gov.in/Documents/Copy-Right-Rules-2013.pdf
(3) The author may forward copy of public notice, along with his proof of his identity to the registrar of copyright and on receiving such notice the registrar will post the same on the website of the copyright office.

Explanation: - For the purpose of this chapter, the term "public notice" means -

mentioning of notice on the work or the cover of the work; or
publication in one issue of a daily news paper in english language having circulation in majior part of the country........... (for further info of this subsection ref http://www.copyright.gov.in/Documents/Copy-Right-Rules-2013.pdf) or
Posting the notice on the website of coyright office as per at the request of the author by giving details as required under subrule (2)