Commons:Deletion requests/Image:박향림 오빠는 풍각쟁이.ogg

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This deletion debate is now closed. Please do not make any edits to this archive.

Image:박향림_오빠는_풍각쟁이.ogg

[edit]

Not in the Public domain in the USA. Copyright was restored on 1996-01-01. Zginder (talk) 03:04, 20 August 2008 (UTC)[reply]

  • Oppose. Commons is not only for USA usage, and the piece is in {{PD-South Korea}}. Besides, do you have any proof that the copyright in which place was restored on such date? --Caspian blue (talk) 04:02, 20 August 2008 (UTC)[reply]
  • Oppose After asking around, if the claim is correct, then the proper procedure is to simply tag it with {{Not-PD-US-URAA}}, not to delete it for now. (I think that's why you're suggesting it's in copyright there). Hwoever, even then you'd have to A. check when South Korea entered that - it may, in fact, have happened later - and B. Wait until commons policy was decided on such matters before it could be nominated for deletion. Adam Cuerden (talk) 07:48, 20 August 2008 (UTC)[reply]

SECTION 5 Protection Period

Article 70 (Protection Period)

The protection period of neighboring rights shall come into effect from the following date and continue to subsist for a period of 50 years from the next year of such date:[9]

1. For stage performances when the stage performance takes place;
2. For phonograms when the first fixation of sounds is made; and
3. For broadcastings when the broadcasting is made.

This phonogram was released in 1938, 50 years after that is 1988 - which is before 1996. =) Adam Cuerden (talk) 10:05, 20 August 2008 (UTC)[reply]

Not so fast. That only covers the phonogram. It covers neither the composition (composer died 1950) nor the lyrics (author died 1953): both are copyrighted until 50 years p.m.a., i.e., until the end of 2000 and 2003, respectively. Lupo 10:26, 20 August 2008 (UTC)[reply]
Well, then, what we have is the copyright act as amended several times. It says that if a work went out of copyright by the rules of a previiou act, it is out of copyright. Thi work seems to predate the first copyright law of South Korea - Indeed, it predates South Korea itself. The best evidence I can find online seems to hint that South Korea never brought pre-1946 works into copyright when it passed the copyright act of 1957, and that it had no copyright act before then. Adam Cuerden (talk) 12:58, 20 August 2008 (UTC)[reply]
Now that argument may work. The 1957 act had a copyright period of just 30 years, extended to 50 in 1986. See Yunjeong Choi, Development of Copyright Protection in Korea: its History, Inherent Limits, and Suggested Solutions, Brook. J. Int'l L. 28 (2003), pp. 643-673. Luckily, the 30-year terms on the lyrics and the composition had expired in 1980 and 1983, so they didn't benefit from the term extension in 1986. Lupo 14:19, 20 August 2008 (UTC)[reply]
Does that mean the copyright status is sorted? =) Adam Cuerden (talk) 15:03, 20 August 2008 (UTC)[reply]

Also, if we're certain on these points, I suggest we add the following to the tag for South Korea (or make a new tag)

“ If a work went out of copyright before the 1986 act extended copyright terms from 30 years to 50 years, it does not regain copyright. Hence, works where all authors died before 1956 are out of copyright. (See Yunjeong Choi, Development of Copyright Protection in Korea: its History, Inherent Limits, and Suggested Solutions, Brook. J. Int'l L. 28 (2003), pp. 643-673.)

For audio files and broadcasts, the term of protection ends 50 years after creation. According to Chapter IV Section 5 of the Copyright Act:

The protection period of neighboring rights shall come into effect from the following date and continue to subsist for a period of 50 years from the next year of such date:

1. For stage performances when the stage performance takes place;
2. For phonograms when the first fixation of sounds is made; and
3. For broadcastings when the broadcasting is made.

Note, however, that underlying musical works will need to be out of copyright.

”
Something like that, yes :-) But note that actually it's "before 1957", because the 1986 law entered in force on July 1, 1987. (Addendum, articles 1 and 2). Also, there's a number of other works for which the copyright term was still calculated according to the 1957 act if they had been published before July 1, 1987. Lupo 19:40, 20 August 2008 (UTC)[reply]

OK, it took some time, but I think we have come to the truth. The lyrics, composition, and recording were out of copyright in Korea in 1996 and as such are in the public domain in both Korea and the USA. Zginder (talk) 22:41, 20 August 2008 (UTC)[reply]

Deleted by Nagy: Universally replaced by File:Bak_Hyang_Rim_oppaneun_punggakjaeng-i.ogg. Reason was "Duplicate, image renamed by BetacommandBot"

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