Template talk:PD-EU-no author disclosure

Reasoning

This is going to need some backing up. Can you provide a link to the reasoning behind this ? A lot of retroactive copyright treaties have happened since Berne. The reasoning should be documented here and in the template. Also it would seem to require a rather high degree of proof on the part of the uploader. Megapixie 14:27, 8 August 2007 (UTC)

Centralize discussion at Wikipedia_talk:Image_copyright_tags/Public_domain also can an admin add disputed to this... Megapixie 14:37, 8 August 2007 (UTC)

The current thread is at Wikipedia_talk:Image_copyright_tags/Public_domain#Template_added. The EU provisions are quite explicit about requiring an author to be publicly disclosed in connection with the publication of a photograph in order to trigger the 70years-pma clause. And it was not uncommon at all for photos to be made available to the public in various ways withhout author attribution back in the late-19th and early 20th century. See: Article 1, §§1-4 of the 1993 EU copyright directive, applicable to all signatories of the Berne Convention:

Article 1

Duration of authors' rights

1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.

2. In the case of a work of joint authorship the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.

3. In the case of anonymous or pseudonymous works, the term of protection shall run for seventy years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1.

4. Where a Member State provides for particular provisions on copyright in respect of collective works or for a legal person to be designated as the rightholder, the term of protection shall be calculated according to the provisions of paragraph 3, except if the natural persons who have created the work as such are identified as such in the versions of the work which are made available to the public. This paragraph is without prejudice to the rights of identified authors whose identifiable contributions are included in such works, to which contributions paragraph 1 or 2 shall apply.

...Kenosis 15:34, 8 August 2007 (UTC)

This seems to be a key clause: if the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1 •Jim62sch• 21:31, 9 August 2007 (UTC)

Yes. The first sentence in question is the first sentence of clause 3. ie. If the author discloses their identity before the initial 70 years is up, then they get 70 years pma protection. If they don't, the work becomes public domain 70 years after lawful publication. And no amount of gnashing of teeth and disclosing of identity by the author changes that. Carcharoth 22:07, 9 October 2007 (UTC)