Commons:Deletion requests/File:Sri Lanka Matha in Sinhala.ogg

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:Sri_Lanka_Matha_in_Sinhala.ogg

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This is the by Ananda Samarakoon, who died in 1962; from my reading of {{PD-Sri Lanka}}, this means that any derivative work of the national anthem is non-free until 2013. Additionally, this work is a derivative of a recording, which means that recording is non-free for another 50 years, in this case, circa 2048. Magog the Ogre (talk) 02:18, 3 August 2011 (UTC)[reply]

As per the {{PD-Sri Lanka}} Laws and decisions of courts and administrative bodies have no copy right, the national anthem is part of the Sri Lankan constitution (countries law) and governed by the laws of the country so there is no copyright to it. This is the first time ever I am hearing that a national anthem can be copyrighted by someone 193.34.100.34 09:42, 3 August 2011 (UTC)[reply]
The original uploader on English Wikipedia has left me this note on my talk page, because he cannot remember his commons password. I am copying it below. Magog the Ogre (talk) 07:00, 4 August 2011 (UTC)[reply]
I disagree on the reasons you have given for deletion, though it is the national anthem that is written by Ananda Samarakoon it doesn't necessarily mean he has copyrights over it. He was commissioned by the government of Sri Lanka to write the national anthem, moreover the national anthem is part of the constitution (the countries law) and it cannot have copyrights. NëŧΜǒńğerTalk to me 06:03, 4 August 2011 (UTC)[reply]

My response to the above: we have several issues now for how this work exists under copyright:

  • According to the IP above: it is considered a law and decision of courts/administrative body. Frankly, this seems unlikely to me. Unless Sri Lankan law is unique compared to most other governments of the world, this clause is only talking about laws and judicial decisions, not a national anthem. Please notice the template doesn't say any governmental work, just these subsections of it.
  • It may be considered folklore (cf. Folklore#Cultural). If this is the case, we must delete the file, as the copyright will persist forever. I'm not familiar enough Sri Lankan law to say whether or not this is the case; if someone can find a written explanation in favor of or against this, it will help us.
  • If it is a work-for-hire, we will have to know the work-for-hire laws of Sri Lanka. This is difficult to know; the only reference I have is for Australia, UK, US, China, Japan, France, and Germany [1].
  • Even if all of these issues are satisfied, we still have this individual sound recording and performance of the national anthem; the former is almost certainly copyrightable, and the latter likely is as well.
  • One of you may have a publication which shows it's copyright-free; by all means, share it with us. However, if you do not have such a publication, it will be difficult for us to believe (e.g., it may be a common misconception among the Sri Lankan public that it is public domain. Magog the Ogre (talk) 07:17, 4 August 2011 (UTC)[reply]

Please don't misunderstand me; I dont' want to be Scrooge and delete this item when it's widely propogated. But if Sri Lankan law says it's copyrighted, then it's copyrighted. Perhaps one of you could write to your legislators? Magog the Ogre (talk) 07:17, 4 August 2011 (UTC)[reply]

Deleted. FASTILY (TALK) 02:37, 13 September 2011 (UTC)[reply]

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