Commons:Deletion requests/Category:Pennsylvania Memorial

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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.
  • Add {{delete|reason=Fill in reason for deletion here!|subpage=Category:Pennsylvania Memorial|year=2024|month=December|day=22}} to the description page of each file.
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Category:Pennsylvania Memorial

[edit]

FOP France, per Commons:Undeletion_requests/Archive/2013-12#Files_in_:Category:Beaumont-Hamel_Newfoundland_Memorial and Commons:Deletion requests/Files in Category:Beaumont-Hamel Newfoundland Memorial. Designed by Paul Philippe Cret (October 24, 1876 – September 8, 1945) --Labattblueboy (talk) 00:33, 31 December 2013 (UTC)[reply]

  • Keep Although nominating this case I am in opposition. I made the nominated because the question of status of WWI memorials in France remains rather ambiguous in terms of copyright status. It would appear this monument is subject to French FOP but this memorial lies of land that was donated by France to the US. Further as the memorial was constructed by a state it seems questionable whether FOB would apply. There are no shortage of publications in France that have employed the image of this memorial so I see a pure FOP claim in this case as suspect. Quite frankly, if this memorial goes, so does every American WWI and WWII memorial in the Commons. --Labattblueboy (talk) 02:01, 31 December 2013 (UTC)[reply]
  • Keep. Most probable that the photographic rights comprised part of the contract for the memorial's design signed by the commissioning US authorities (would be normal practice in the modern period), making the photography compliant, as far as I'm aware, with US national law and policy as well as French law. Hchc2009 (talk) 13:57, 1 January 2014 (UTC)[reply]
  • Keep - having read up on all this a bit more, I think there is a very good chance that all war memorials in France (and Belgium) are actually in the public domain (though I have seen other opinions that they are 'unpublished'). Some serious effort should be put into establishing whether that is the case or not. It would be good to get clarification on a per country basis on whether war memorials are a special case or not. I do also have a question that I hope some of the regulars at Commons will be able to answer. In this case, the life of author + 70 years terms ends on 9 September 2015. If the images are deleted, is it usual for Commons to add a tracking category to the deletion discussion so that a bot can make an undeletion request on that date? Carcharoth (Commons) (talk) 16:34, 1 January 2014 (UTC)[reply]

Deleted: Paul Cret was working in the US from 1907. It is very unusual for a US commission for works of art to transfer copyright to the government. It is very unlikely that the copyright is not held by Cret's heirs -- certainly way beyond our standard of "significant doubt". I see no reason why a war memorial should be a special case -- there is no extraterritoriality for copyright. Even if there were, US law also does not have FOP for this. This will be PD on 1/1/2016 (note that in almost all countries the 70 years is counted from the January 1 following the death of the creator. .     Jim . . . . (Jameslwoodward) (talk to me) 22:57, 8 January 2014 (UTC)[reply]

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