Commons:Deletion requests/Template:PD-American Samoa

Template:PD-American Samoa

17 USC 104 states (emphasis added):

(a) Unpublished Works.—

The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author.

(b) Published Works.—The works specified by sections 102 and 103, when published, are subject to protection under this title if—

(1) on the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a treaty party, or is a stateless person, wherever that person may be domiciled; or

Since American Samoans are U.S. Nationals, their works are protected by copyright in the United States. And since COM:L requires that files be public domain in the US, this template is invalid anywhere it is used, and should not continue to deceive our users. See also Commons:Deletion requests/Files in Category:PD-American Samoa. Prospectprospekt (talk) 16:11, 7 June 2024 (UTC) edited 16:19, 7 June 2024 (UTC)

 Keep. The definition of the United States is provided in Section 101 and explicitly only includes the States, Washington DC, Puerto Rico, and the other organized territories (Guam, NMI, and the US Virgin Islands)

• The “United States”, when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government.

However, American Samoa, despite being de facto organized, is de jure (according to the law) unorganized, so American Samoan authors can only obtain copyright when they live in the US unlike Guam, NMI, Puerto Rico, and Virgin Islands VTSGsRock (talk) 21:11, 7 June 2024 (UTC)

 Keep, keep as per above comment and the reasoning in com:American Samoa. Yes American nationals can obtain copyright in the United States - which the template recognizes - but not American Samoa. For confirmation see a recent news article which was just posted on the talk page of the above article. Notice particularly the paragraph which states the "FBI that they could not pursue the claim because Tupuivao is based in American Samoa which is an unincorporated territory and he should petition the territorial Legislature to pass a copyright law." Zoozaz1 (talk) 00:21, 8 June 2024 (UTC)