Commons:Deletion requests/2024/10/10

October 10

edit

Per - https://en.wikipedia.org/wiki/Template_talk:PD-USGov-DOE LNL works are not necessarily under PD terms. ShakespeareFan00 (talk) 00:23, 10 October 2024 (UTC)[reply]

This file was initially tagged by Skazi as no permission (No permission since) Krd 04:41, 10 October 2024 (UTC)[reply]

  Keep: This file was uploaded as an Own Work by Овладевающая and marked without them being notified on their talk page, nor any reason given for their ownership of the image being under scrutiny. Google Lens reveals no instances of the image appearing on the internet before Овладевающая's September 7th upload to the Commons, only two news articles from this current October in Russian, as a ban on Quadrobers (no English article) has been in consideration in Russia. I believe this photo is the work of the original uploader. Kaasterly (talk) 01:07, 12 October 2024 (UTC)[reply]
Oh, no. I don't think so. No EXIF, no permission. I'm not going to explore all the social media communities to find where this image was taken from. Either the permission is added to the photo or its deleted, there are no other options. This is a user who logged in to Wikipedia for the first and last time and is trying to “improve” the article by adding photos to it from social media. And your Google Lens doesnt index such images. Skazi 10:12, 12 October 2024 (UTC)[reply]
I stand corrected in that the two news articles aren't the only instances of this image appearing on the internet. However, after clicking on "exact matches", and clicking on all that don't give a date on Google, the earliest date I can find on an instance not associated with Wikimedia or Wikimedia clones is a Livejournal post from September 16, 9 days after the Commons upload. I believe Google Lens does indeed index from social media; the image we're debating on appears in an X tweet from October 3rd, 26 days after the Commons upload. Here is an instance of Google Lens indexing images from Facebook, LinkedIn, X, Pinterest, and YouTube. Here is an instance of Google Lens indexing an image from VKontakte. Worth noting is that the article this image is used in has been among the top five six most visited on the Russian Wikipedia since at least Monday October 4th. Also, I think this being Овладевающая's only contribution makes it more unlikely that they would know they were contacted in time, even if they were contacted about the initial no permission since nomination. Kaasterly (talk) 20:45, 13 October 2024 (UTC)[reply]
There is also the issue of the mask if the uploader/subject did not create it. Abzeronow (talk) 23:54, 14 October 2024 (UTC)[reply]

I am sorry but we will have to delete these photos because they depict artworks by Frida Kahlo, whose copyright has not yet expired.

Gnom (talk) 07:33, 10 October 2024 (UTC)[reply]

see also:
--Gnom (talk) 11:12, 10 October 2024 (UTC)[reply]
  Keep Freedom of panorama in Mexico applies to public places regardless of a payment to enter El Nuevo Doge (talk) 21:21, 10 October 2024 (UTC)[reply]
keep File:El Museo de Frida Khalo (6086563681).jpg as a US work this is unpublished and the author has been dead for at least 70 years so PD-US-unpublished applies El Nuevo Doge (talk) 23:35, 30 October 2024 (UTC)[reply]
also keep these images because works of folklore are ineligible of copyright and were not made by Frida Khalo File:El Museo de Frida Khalo (6087112860).jpg
File:El Museo de Frida Khalo (6087123788).jpg
File:Frida Kahlo Home, Mexico City (7144183085).jpg
File:Frida Kahlo Home, Mx City (7144131049).jpg
File:La casa de Frida y Diego (6086538647).jpg
File:La casa de Frida y Diego (6086541055).jpg
File:La casa de Frida y Diego (6086542005).jpg
File:La casa de Frida y Diego (6086544525).jpg
File:La casa de Frida y Diego (6086546355).jpg
File:La casa de Frida y Diego (6087097098).jpg
File:La casa de Frida y Diego (6087096000).jpg
File:Mexico - Musée Frida Kahlo - Squelette 2.JPG
File:Mexico - Musée Frida Kahlo - Squelette.JPG
the paintings are the minimis in this image File:Living Room at Robert Brady Museum.jpg El Nuevo Doge (talk) 03:54, 17 December 2024 (UTC)[reply]
Hello @El Nuevo Doge, can you explain (1) why a museum that charges a fee to enter is a "public place" under Mexican copyright law, (2) why works of folklore are ineligible for copyright, and (3) how you find that these works were not made by Frida Kahlo? Also, can you explain (4) how the paintings in the living room photo are the minimis? Thank you, Gnom (talk) 08:05, 17 December 2024 (UTC)[reply]
(1) Mexican law says Reproduction, communication, and distribution by means of drawings, paintings, photographs, and audiovisual means of works visible from public places, this refers to public places in general, charging a fee does not make a public place not public, also we have a lot of images of murals from the interior of the Palacio de Bellas Artes Category:Murals by Diego Rivera in the Palacio de Bellas Artes so this is clearly allowed on Wikimedia Commons.
(2) Works of folklore are common property.
(3) This website https://reunido.uniovi.es/index.php/RM/article/view/13207 says that Diego Rivera bought the crafts from unknown artisans so they are in the public domain in Mexico.
(4) The focus of the image is the entire living room but not on any individual painting. El Nuevo Doge (talk) 00:02, 18 December 2024 (UTC)[reply]
Regarding (1), we simply do not have a source for the claim that a museum charging a fee to enter is a "public place" in the sense of Mexican copyright law.
Regarding (2) and (3), that is indeed very much helpful, so are these not Kahlo's works? We should then probably indeed treat these as anonymous works, which are, curiously, free to use under Mexican copyright law.
Regarding (4), the paintings are at least so much within the focus of the image that the file description explicitly talks about it... Gnom (talk) 10:22, 18 December 2024 (UTC)[reply]


This file was initially tagged by Prototyperspective as Copyvio (copyvio) and the most recent rationale was: doesn't seem to be CCBY (?) Prototyperspective (talk) 12:43, 10 October 2024 (UTC)[reply]

This file was initially tagged by Universitätsklinikum Bonn as Speedy (Löschen) and the most recent rationale was: Nicht mehr aktuell --Universitätsklinikum Bonn (talk) 09:34, 9 October 2024 (UTC) Yann (talk) 12:53, 10 October 2024 (UTC)[reply]

That is not a reason for deletion. --Rosenzweig τ 10:39, 11 October 2024 (UTC)[reply]

Xu Beihong died in 1953, and thus this work would not have been public domain when the URAA came into effect in 1996. The painting will only be public domain in the United States in 1935 (per the 1939 date given by China Daily).  — Chris Woodrich (talk) 15:15, 10 October 2024 (UTC)[reply]


Incorrect restoration and overall bad quality. We have, for example. file:Bathyopsis fissidens head.png. Taivo (talk) 16:27, 10 October 2024 (UTC)[reply]

Very improbable that the uploader (Nemoianu at Romanian Wikipedia) is the author of this photo. Judging by their short contributions list, Nemoianu is most probably Andrei Filotti himself, and the photo looks like has been taken by an official photographer – or at least not Mr. Filotti himself as he is in the picture. Gikü (talk) 17:44, 10 October 2024 (UTC)[reply]

File:Andrei Filotti Bangladesh.jpg is in the same situation. Actually it may be a good idea to review all photos in ro:Andrei Filotti. Gikü (talk) 17:46, 10 October 2024 (UTC)[reply]
OK, it's clearer now. The following images are also uploaded by Nemoianu and claimed as own work:
Thus Nemoianu is either Filotti's life-long photographer, that covered his life from 1938 to at least 2004, or it's Mr. Filotti himself, who uploaded photos from his personal collection. Trouble is, the photos have Mr. Filotti as the subject, not the photographer. We don;t know who the photographers are and what would be their copyright claim.
Tagging User:Afil because he really is Andrei Filotti. Gikü (talk) 17:58, 10 October 2024 (UTC)[reply]

License information in the source is unclear: it has an icon for CC BY-NC-SA, which is linked to CC BY 4.0, and the following text says it is licensed under ODbL 1.0. Green Mostaza (talk) 20:02, 10 October 2024 (UTC)[reply]

Nevermind. Per Commons:Deletion requests/Archive/2023/10/18#File:María Eugenia Dengo Obregón.png, it looks like the link to CC BY 4.0 is enough. I'll wait for an administrator to confirm this and remove the tag from the image. Green Mostaza (talk) 21:01, 10 October 2024 (UTC)[reply]
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