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Right to Information – Master key to good governance

Implications of RTI act on copyright

Posted by rtiact2005 on July 20, 2006

hi everyone,
As someone with more than a passing interest in Wikipedia, I need some
clarifications on some copyright issues we are facing, with respect to
using content from  Indian government sites.
A few months back, one of our users created this copyright tag :
http://en.wikipedia.org/wiki/Template:PD-IndiaGov
It basically states:
“This image is in the public domain as it comes from an Indian
Government site. Information published by Indian government websites
are in Public Domain under the Right to Information Act.”

(For non-wikipedians, a copyright tag is a summary, in plain English,
of the license under which an image is uploaded. See
http://en.wikipedia.org/wiki/WP:ICT for more examples)

The wording of the tag was based on our understanding and assumptions
stated below:
* Chapter II of the RTI act
(http://www.persmin.nic.in/RTI/WebActRTI.htm) states:
“Without prejudice to the provisions of section 8, a Central Public
Information Officer or a State Public Information Officer, as the case
may be, may reject a request for information where such a request for
providing access would involve an infringement of copyright subsisting
in a person <emphasis>other than the State</emphasis>.”

* The UP governments’ website states
(http://www.upgov.nic.in/upinfo/upitpolicy2004.htm):
“All public domain information like official gazette notifications,
acts, rules regulations, circulars, policies and programme documents
would be digitised and made available for electronic access on Web.”

*  The Haryana governments’ website states
(http://haryanait.nic.in/html/it_itand_publicdomain.htm) :
“The State Government Departments shall establish departmental
intranets and local area networks which will lay the foundation of
Centralised Data Repository of public domain information for
“Anytime-Anywhere” usage.”

*  Delhi Govt.’s IT policy
states(http://delhigovt.nic.in/icetpolicy.pdf) : “Simultaneously, the
government will also put on the internet information that ought to be
in public domain. This will enable the citizens to play the role of a
watchdog and to ensure transparency”

* Sebi’s website states (http://www.sebi.gov.in/acts/RTIAct2005.html)
(1) Acts, Rules, Regulations, Guidelines, Circulars, etc. (2) Orders
passed by SEBI (3) Reports of Committees (4) Press Releases (5) Annual
Report (6) SEBI Bulletin are in the public domain.

We have a few doubts/queries besides:
The first one being, whether the wording of the tag is correct.
Second,  Even if the images are copyrighted, can we use it under a)
the RTI act or b) fair use or c) public domain (with attribution)
Thirdly, does the use of public domain in the policies stated above
mean: “Works without any copyright restrictions” or “copyrighted but
available for public use (??)”
Fourthly, If we can use the content under the RTI act/somehow, do
Indian government sites allow commercial use + derivative use of their
content (text/images).

Now, here is some food for thought.

X files an application under RTI Act.  The govt asks him to pay Rs. 50/-
(the amount fixed by the  Govt. of Kerala, afaik) for the information,
provided to him  on a floppy.  The information is  in a format covered
by a patent, and the software  which can open the file provided by the
government is available only for an exorbitant price.

*Right* to Information?


Anivar Aravind
GAIA

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