सदस्य:Mahitgar/प्रयोगपृष्ठ

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For following matter as prefered central place of communication among Indian Wikipedians I am using this page on hi-wikipedia. At the same time it has a legal angle so language used on this page is English. (Ofcouce I need to say sorry to hi-wikipedians for using english language on hi-wikipedia.)

Followning are personal openions or simply a wish list and has no legal sanctity. Disclaimers are applicable.


Copyright related requests to GOI[संपादित करें]

1[संपादित करें]

1.1 Request to make available (or an easy free of cost online mechanism to request and obtain) Maps from Survey of India Maps, under limited-Derivativable or Non-Derivativable open licences (Usable by Indian citzens ordinarilly living in India) publicly accessable in .png, .svg, and .jpg digital formats free of costs available and allowd to be freely used by Indian Citizens as fair dealing under Indian Copyright act 1957.[Why this request? 1] [1] Section 52 of Indian Copyright act be suitable amended for this purpose. These amendment may place limitation on adaptation which will not allow change in depiction of India's International borders including that of Indian is-lands.
1.2 Under Section 57 of Indian Copyright Act 1957 or similler section GOI can reserve special rights to attribution of creation or contribution by survey of India GOI. where in Explanation of present section 57 (1) can be omitted in this respect, and 57(1)(b) can be kept applicable so as purpose of provisions of Criminal Law Amendment Act, 1961 is automatically taken care of.
1.3 Survey of India should have online facility through their website to submit derivative works of Maps to check for accuracy and online approval of derivative maps free of charge. and for this purpose a suitable good faith clause (for the any effort done in persuance to improve accuracy of Indian Maps) be added to Criminal Law Amendment Act, 1961.

2 Request for amendments to Indian Copyright Act 1957[संपादित करें]

2.1 Request to amend Section 52 (1) (h) after the publication in a collection insert word or compendium,
2.2 Request to amend Section 52 (1) (h) in bona fide intended for instructional use word instructional be substituted with any education in persuance of free knowledge purpose
2.2 Request to amend Section 52 (1) (h) after "of short passages" words or a photogrraph or a reasonable (but not susbtantial) part
2.3 Request to amend Section 52 (1) (h) "from published literary or dramatic works" be sustituted with "from any 'published works' in reference to section 2 (y) "
2.4 Request to amend Section 52 (1) (h) Sentece and words there of 'Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years." be substituted with 'Provided that not more than two such passages or 4000 bytes of computer text format whichever is lesser, or one photograph from works same article by the same author are published by the same compendium author or publisher per article of a collection or compendium."
2.5 Request to amend Section 52 to add a suitable subsection or clause which will allow for fair dealing of : - " A Good faith correct representation of a logo or a trademark, or a cinematograph's poster, or a suitably watermarked low resolution photograph of a book cover, or any photograph necessary for educational illustration which can not be described with the help of words; with a credit to respective owner of the copyright in a non-copyright compendium article for furtherance of educational information." [Why this request? 2][2]

Why this requst? and References[संपादित करें]

  1. Section 2(2) of the Criminal Law Amendment Act, 1961 as amended by Criminal Law Amendment (Amending) Act, 1990. It reads as under:-
    1. Questioning the territorial integrity or frontiers to the interests of safety and security of India.-(1) Whoever by words either spoken or written, or by signs, or by visible representation or otherwise, questions the territorial integrity or frontiers of India in a manner which is, or is likely to be, prejudicial to the interests of the safety or security of India, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
    (2) Whoever publishes a map of India, which is not in conformity with the maps of India as published by the Survey of India, shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
    (3) No court shall take cognizance of an offence punishable under Sub-section (2), except on a complaint made by the Government."
  2. This will allow authors and publishers of crowd sourced non-copyright educational encyclopedia's ,collection or compendium like GOI initiative vikaspedia or various related state Govt initiatives or public initiatives like wikipedia and others with free mind and without risk and under constitutional provision of article 21 of Indian constitution and right to know described by Supreme Court ruling : "....Right to Know is a basic right which citizens of a free country aspire in the broader horizon of the right to live in this age in our land under Article 21 of our Constitution. That right has reached new dimensions and urgency. That right puts greater responsibility upon those who take upon the responsibility to inform. ...."
  1. संदर्भाचा संदर्भhttp://indiacode.nic.in/fullact1.asp?tfnm=196123 हे संस्थळ २० एप्रील २०१४ रोजी सायं १७ वाजून १५ मिनीटांनी जसे अभ्यासले
  2. Reliance Petrochemicals Ltd vs Proprietors Of Indian Express ... on 23 September, 1988 Equivalent citations: 1989 AIR 190, 1988 SCR Supl. (3) 212