User talk:Shaan Sengupta

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GODL[edit]

Hi, It is really not clear where and when the GODL applies. I requested some people to ask for a lawyer's formal advice. Please see m:Talk:CIS-A2K#GODL and m:Talk:Wikimedia India#GODL. May be you could assist with that. Yann (talk) 09:46, 7 April 2024 (UTC)[reply]

@Yann I believe you might not need a lawyer advice. Please go through some discussions on Template talk:GODL-India which will help your understand it.
But if these don't help, I can explain it to you a bit. Any image released by any Ministry of Government of India or by any department that of the ministries (except Ministry of External Affairs, on their website) comes under GODL-India. Works by Election Commission of India, Supreme Court of India and Parliament of India, i.e. Lok Sabha and Rajya Sabha are protected by copyright and requires email permission for use. Now there is a exception in the works of Election Commission of India (ECI) and Supreme Court of India (SCI). Majority of the works by SCI are under GODL-India but some come with a disclaimer (which are confidential) like the Gazette Notifications or copies of the orders. Similarly, most of the works by ECI are protected under copyright, but when released by Press Information Bureau (PIB) they come under GODL. Also any work released by PIB on behalf of any department be of Executive or Government or Judiciary or Agencies like Election Commission or Finance Commission are under GODL-India. Any work by the Legislative (Parliament) is not under GODL-India.
Summary
  • Works by Government of India and its ministries (except Ministry of External Affairs, only when released on MEA website) are under GODL-India.
  • No work by Legislative (Parliament) is under GODL-India. It requires email permission to use. Even if Govt website publishes it, they give a disclaimer that the work is of Parliament, which says email permission needed. Hence not GODL.
  • Works by Judiciary that are confidential (like the Gazette notification or judgements and orders) aren't u der GODL. Only general images are under GODL.
  • Any work released by Press Information Bureau (PIB) on its website is under GODL-India.
Hope this clears a lot of air. ShaanSenguptaTalk 14:56, 7 April 2024 (UTC)[reply]
Yes, I already know this, but this was contested by several people. Some people have argued that the scope is larger, others that it only applies to data, and that images are not included. Yann (talk) 15:01, 7 April 2024 (UTC)[reply]
@Yann There is no way that this only applies to data and not images. Copyright policy stated on PIB website says that contents published on its website may be reproduced free of charge with proper source acknowledgement. We can show this to the people who say that it only applies to data. Here it uses the word content which covers all. Also to clarify my point on Parliament, people upload image by mentioning National Portal Website of Government of India. I will explain by example.
There's still some areas of confusion. The PIB copyright statement you mention includes the phrase "The material must be reproduced accurately and not used in a derogatory manner or in a misleading context." That's been challenged in the past as being incompatible with the licensing requirements. See User_talk:Ravensfire#User:Ravensfire/Goa-Govt. Then also look at Commons:Deletion_requests/Template:Indian_Army where that phrase was okayed. Now which viewpoint is actually correct with regards to Commons licensing? Ravensfire (talk) 17:03, 7 April 2024 (UTC)[reply]
The PIB statement uses that phrase for different case. Read Material featured on this website may be reproduced free of charge and there is no need for any prior approval for using the content. The permission to reproduce this material shall not extend to any third-party material. Authorisation to reproduce such material must be obtained from the departments/copyright holders concerned. The material must be reproduced accurately and not used in a derogatory manner or in a misleading context. Wherever the material is being published or issued to others, the source must be prominently acknowledged. The first line deals with our case. When the material is reproduced by any third party then that line comes into play. Regarding the discussion at Indian Army, it is clearly specified that any military insignia, symbols, emblems, logos, ranks and many more things are not free to reproduce. GODL-India is only for Government of India (not state governments) and Judiciary (some special things are protected). Not for Legislative or Armed Forces and some more. ShaanSenguptaTalk 02:01, 8 April 2024 (UTC)[reply]
Hmmmm, I don't think so. Third party material would be something where the government isn't the copyright holder and they would need to be contacted for other use of the material, which would include them setting any restrictions or limitations. The last two sentences refer to the images owned by the government, as those are the ones where they can put restrictions. Logically, it wouldn't make sense for those last two sentences to apply to images outside of their control. Ravensfire (talk) 13:09, 8 April 2024 (UTC)[reply]
@Ravensfire that's what I am saying. According to seperation of powers in India, Legislative and Judiciary are not under Government control. So they dont comes under GODL-India (specified on their websites copyright policy. Also, Armed Forces rights (only the ones specified above) are exclusive to them. Only the work they release via PIB are under GODL-India. PIB never releases any third party in its gallery. Only special cases are released when requested that too under name of PIB Headquarters with specific author. That's the third party probably. I am telling you again its very messy.
  • The bottomline is that Works by Government of India and its ministries (except Ministry of External Affairs, only when released on MEA website) are under GODL-India. No work by Legislative (Parliament) is under GODL-India. It requires email permission to use. Even if Govt website publishes it, they give a disclaimer that the work is of Parliament, which says email permission needed. Hence not GODL. Works by Judiciary that are confidential (like the Gazette notification or judgements and orders) aren't under GODL. Only general images are under GODL. No work by any of the state governments is under GODL-India. Any work released by Press Information Bureau (PIB) on its website (except third party) is under GODL-India. ShaanSenguptaTalk 13:57, 8 April 2024 (UTC)[reply]