Hi! The Spanish Wikisource community recently approved certain changes in that wiki (https://es.wikisource.org/wiki/Wikisource:Votaciones/2018/PDE). One of the changes implies to enable the local uploads. The local uploads are pretended to be only for a few cases (those files not uploadable to Commons yet for not being in PD there yet, but in the future). Since 2014 it is only allowed to sysops. Now we request to allow all loged-in users to upload files localy as well. Thanks!
I don't see an EDP either.
Also, this raises an interesting question about which copyright laws apply to a Spanish language project - the USA one or some kind of "average Spanish language country" one? In theory it'd be the former but I know that the German language Wikipedia assumes that it's the latter scenario (OK, "average German language country").
Sorry for the delay in answering.
The EDP is in fact what we recently voted (see the link to es.wikisource in the first message). The updated copyright policy is https://es.wikisource.org/wiki/Wikisource:Derechos_de_autor
There is no link to that Wikidata item, because there is no specific page to that in es.wikisource. I already noticed, when preparing the voting, that no Wikisource has a link to that Wikidata item: https://es.wikisource.org/wiki/Wikisource:Votaciones/2018/PDE#cite_ref-2 , but a de facto EDP applies to French, German, and other Wikisources -you can look at the links in the reference I've linked-.
The es.wikisource policy is quite similar to French Wikisource's one, because (1) we allow pre-1923 works whatever the PD applies or not to the "Spanish language country"'s law, and (2) we now allow works that are in PD in the "Spanish language country" (excluding USA) but it was not in PD there at URAA date (so now in 2018 that work is copyrighted in USA, and that's why uploading to Commons would not be OK). The uploaded files should be minimal.
Please, guide me/us for the next steps: is the specific EDP, Wikidata linked, page mandatory?... Best regards!
I'm sorry we missed your reply. Is this still wanted by your community? If so, here is the reply. All projects which want to have local uploads enabled must have an EDP pursuant to Wikimedia licensing policy. This policy says that an EDP is "a project-specific policy, in accordance with United States law and the law of countries where the project content is predominantly accessed (if any) (...)". According to your reply, your policy allows works that are copyrighted in the United States, which I see as something that's not in accordance with United States law. Because of that, your EDP is not acceptable. You should adopt one that's in accordance with both United States law and your local law.
OK, I'll ask to es.source community.
It is a bit confusing for me because other Wikisources have local uploads enabled so as to upload content not acceptable in Commons because of its copyright in USA (e.g. fr.source and Canadian PD) or because of its copyright in countries where the project is predominantly accessed (e.g. en.source and UK PD).
My previous comment is not a reason by itself, I'm just trying to understand how other wikis do it. Nor fr.source nor en.source have EDP Wikidata item Q4657739, so how did they achieve the upload enabled?
I'll post the answer in a few days. Best regards.
Hi. There is no problem from es.source comunity since July (https://es.wikisource.org/w/index.php?title=Wikisource:Caf%C3%A9&oldid=1003586#Activar_subidas_locales_de_archivos_o_no) to close this request.
So, let's close it (or cancel it), please.