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Wikipedia:Copyright problems/2018 July 31

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We can't host the translations unless they can be shown to be in the public domain. Translating a work generates a new copyright. — Diannaa 🍁 (talk) 14:03, 8 August 2018 (UTC)[reply]
@Diannaa:, the sources on the English translation which were removed by this copyright template state "This work is licensed under a Creative Commons Attribution 3.0 Unported License." I respectfully ask that this nomination is withdrawn. Brendon the Wizard ✉️ 00:30, 9 August 2018 (UTC)[reply]
Er, yes, BrendonTheWizard, the page does indeed carry that licence. Do you think that it means that the website is also the copyright owner of the original words and music of the anthem, which are on the same page, and so apparently claimed to be released under the same licence? Or is that claim completely spurious? My money is on the latter. Until and unless we know who wrote that awful translation, and when and how they released copyright in it, we can't host it in Wikipedia. We don't need to find proof that it is in copyright, we assume that in the absence of clear and convincing proof to the contrary (and an audio file uploaded to Commons does not begin to provide such proof). Justlettersandnumbers (talk) 17:10, 9 August 2018 (UTC)[reply]
Justlettersandnumbers, please see this page as it may help answer your question:
"FAQ: Can I use your music files / lyrics / sheet music / information on my website / in my project / on a CD?"
"The site is licensed under the Creative Commons Attribution 3.0 Unported License. We would prefer, if at all possible, that nationalanthems.info be credited as the source of information used from the site, and a link be provided to nationalanthems.info. This license, however, does not extend to any music file or anthem lyrics marked as © copyrighted to any person or entity, they retain the copyright and that information cannot be used by others without obtaining permission from them first. (These copyrighted files are the music files for the Aland Islands, St. Barthélemy, Sovereign Military Order of Malta, the sheet music for the Turks and Caicos, and the English translation of the Botswana anthem.)"
Furthermore, if nothing else, please immediately remove the tag from the infobox and Tajik & Persian script official lyrics. The Persian script lyrics are not a translation, as Tajikistan is an ethnolinguistically Persian country that uses the Cyrillic alphabet. If you are still unconvinced of the English lyrics, even after demonstrating that these English lyrics being released under a creative commons license is not just some spurious claim, then keep the template on the English lyrics alone. There is no justification for keeping the template on the infobox or Tajik/Persian original lyrics. Brendon the Wizard ✉️ 17:40, 9 August 2018 (UTC)[reply]

Note This has been a very slow process, so I'll try to make this quick

  • The national anthem is not and can not be copyrighted because:
  1. Law of the Republic of Tajikistan No. 726 of November 13, 1998 on Copyright and Neighbouring Rights Article 7 Point 2: state symbols and signs (flags, coats of arms, insignia, banknotes and so on) shall not be subject to copyright
  2. The national constitution article 3: The state symbols of the Republic of Tajikistan are the flag, emblem, and national anthem
  • Per the comment made twenty days ago, the translation is in the public domain. Only the English translation of the Botswana anthem as hosted on nationalanthems.info is subject to copyright as a translation.

@Diannaa:, or any other administrator or copyright clerk, please review this listing. Brendon the Wizard ✉️ 19:15, 29 August 2018 (UTC)[reply]

I'm persuaded that the Tajik original is PD, however I'm not sure about the English translation. That particular site which hosts it makes their content available under CC-BY but that doesn't mean the translation is CC-BY if they didn't do the translation themselves. Hut 8.5 21:36, 30 August 2018 (UTC)[reply]
Fair concern, I'd recommend limiting the copyright template to the translations and leaving the original lyrics visible. I'll see if I can find more information about the translation. Brendon the Wizard ✉️ 16:09, 31 August 2018 (UTC)[reply]
Hut 8.5, despite all the unproductive shouting and jumping up and down, I'm inclined to agree that the original Tajiki lyrics are indeed PD as claimed. I don't see any convincing proof that any other version or translation is free to use; the sheet music is under discussion here. Whether or not those Tajiki lyrics should be included in the article is a separate question, and should presumably be discussed on the talk-page in the light of WP:NOTLYRICS. Do you feel like making whatever changes to the article you think best, so that this can be closed? Thank you, Justlettersandnumbers (talk) 17:22, 3 September 2018 (UTC)[reply]
OK, I've restored the Tajik version without the English translation. I don't think it's worth a revdel, it has been in the article for a long time. This can be closed if nobody has any further comments. Hut 8.5 20:37, 3 September 2018 (UTC)[reply]