Oesjaar
Aangesluit op 6 Januarie 2009
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Lyn 207:
2. Ek kan egter wag tot 2031, waarna ek albei foto's kan oplaai, want dit is presies 50 jaar later. Ek sal dus net 10 jaar moet wag.[[Gebruiker:Suidpunt|Suidpunt]] ([[Gebruikerbespreking:Suidpunt|kontak]]) 14:40, 21 September 2021 (UTC)
: Hi [[Gebruikerbespreking:Suidpunt|kontak]], apologies for answering in English but my Afrikaans is not good enough to answer this question legibly in that language; I must improve my Afrikaans. :-) I have been working a lot on getting [https://meta.wikimedia.org/wiki/Wikimedia_South_Africa/Copyright_Amendment_Bill Wikipedia friendly copyright reform] done in South Africa over the past 6 years which is why I have decided to try and answer your question. This work sounds like the copyright is still active in South Africa. As you correctly pointed out, and I quote the [https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf Copyright Act of 1978] for clarity here, the act says:
::"films and photographs, ''fifty years from the end of the year in which the work is lawfully made available to the public'' or, failing such an event within ''fifty years from the making of the work'', fifty years from the end of the year in which the work is made;" -(Chapter 1, Section 3, sub-section 2 (b))
:So yes, South African law is clear on that and we will all, sadly, have to wait until 2030 before we can legally upload the image to commons as the work was first created/published in 1980. However, it also sounds like that this photo is an orphan work as the publishing house that published it is now defunct. If that is the case then we will have to wait until the Copyright Amendment bill is enacted as the status of orphan works in SA law is not yet clarified. However (again) since the publisher was a South African government owned entity I suspect that ownership over its copyrightable works likely passed to the South African state. The South African state tends (will need to check in this case) to release all of its copyrightable works under a CC-BY-NC licence. Which means we can reuse it copyright free BUT we cant upload it to Wiki Commons (so all Wikipedias can use it) as Commons does not accept NC (Non-Commercial) CC licence types. So, if it is uploaded under a CC-BY-NC licence Afrikaans Wikipedia could elect to allow for the hosting of such images on Afrikaans Wikipedia and so use it on Afrikaans Wikipedia but other language versions of Wikipedia will not be able to use it. Far from ideal but better than nothing.
:As for uploading to Commons under a '''fair use''' licence type. I would not recommend that right now as a) making fair use arguments can be hard on Wikipedia (and it would keep that image on Afrikaans Wikipedia only as Commons does not allow fair use material on it) and b) South African law, currently, does not recognise fair use as a legal concept. South Africa currently has '''fair dealing''' instead which is much stricter and more exclusionary than fair use and is not compatible with Wiki Commons' Fair Use policy. That however will change if/when the new Copyright Amendment bill is enacted as it will change us to be more in line with the American style fair use doctrine thereby making it easier for us to edit Wikipedia and do more innovative and public benefit things with copyrighted works.
:This is all a long way of saying that the easiest thing would be to wait 10 years before uploading the image to Commons (although some over eager American Commons editor might still delete it as American law has 70 years instead of 50 years before copyright expiration). Alternatively we could try and work out if the image is owned by the SA government or not and then Afrikaans Wikipedia will need to decide if it will host CC-BY-NC licences. Useful side note; there is a sister project to Commons called [https://nccommons.org/wiki/Main_Page NC-Commons] which currently hosts over 45,000 South African government photographs which are intended for use on Wikipedia. The only thing preventing that is getting a language Wiki to make a request to the Wikimedia system engineers to allow that commons project to host images for use on Afrikaans Wikipedia in the same way as Commons currently does for CC-BY-SA photographs. Let me know if you are interested in helping to make that happen. I think that South African projects on all Wikipedias would greatly benefit from being able to use CC-BY-NC content as we will then be able to use South African government works/photographs in our articles.
:Hope that helps and sorry if it was a bit of a long not not very direct answer. As we all know copyright law is a very tricky thing on Wikipedia.--[[Gebruiker:Discott|Discott]] ([[Gebruikerbespreking:Discott|kontak]]) 09:13, 22 September 2021 (UTC)
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