Commons:Deletion requests/Fan art by Mlle Ortie

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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.

Fan art by Mlle Ortie

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These images were all uploaded by User:Mlle Ortie. I believe they should be deleted because these drawings do not correspond to the fan art that is allowed according to Commons:Fan art (see too: Commons:Fan art#Some examples from the fictional Harry Potter universe). The representations of the characters from Harry Potter are closer to the movies than to the books. So, this images are a derivated work from a copyrighted material. Gusama Romero </talk> 03:26, 2 February 2018 (UTC)[reply]

 Keep. I do not think the illustrations look like the characters staged in the movies... The representations seem to me closer to the descriptions made in the books. The only details that can deceive are the scarves and they can surely be reworked. These illustrations are the main images of the pages in french and some others (sometimes the only ones), it would be a pity to delete them. Suzelfe (talk) 08:35, 2 February 2018 (UTC)[reply]

The saga of Harry Potter is already so well known worldwide and in multiple media that it is hard to believe that the drawings are based only on the books. Even if that were the case, I think that using the written descriptions for create the drawings turns them into derivative work.

But, I understand that fan art is problematic, there is no clear legislation about it (e.g. see this source cited in Commons:Fan art). I also understand that there are restrictions in the use of trademarcks, and in the JK Rowling's official website says: “Harry Potter and Fantastic Beasts characters, names and related indicia are trademarks of and © Warner Bros. Entertainment Inc”, and “No permission is given in respect of the use of any of these brands or marks, and any such use may constitute an infringement of the holder’s rights”. I don't know, I'm not an expert, but maybe there is a conflict with the license with which the illustrations are shared, since they allow commercial use.

Honestly, I'm not sure if these images should be erased, so I opened this discussion; but I noticed that it is like one of the examples of the official guide:

A drawing of a boy with black hair and glasses, with a zig-zag scar on his forehead, whether or not labelled “Harry Potter”. Here, the combination of features taken may be unique to the character in JK Rowling's novels, but such a combination is in itself likely to be considered an uncopyrightable idea in the US courts. Also, as stated above, the English courts do not recognise the concept of copyright in a literary character at all. This should therefore be allowed, provided it does not copy the specific realizations of the book cover illustrations, the movies, or the computer games. However, drawings with this much JK Rowling detail or more should be reviewed carefully to ensure that they are not actually copied from a screen representation. If there is doubt the precautionary principle should be applied.

By the way, that it is a pity that the images could be deleted is not a reason to keep them.

Regards, sorry if my grammar is not correct. --Gusama Romero </talk> 05:22, 3 February 2018 (UTC)[reply]

So, there is only the Harry Potter file that seems really concerned (and I'm not even sure ...). I do not understand why all the other files would be doubtful. They are represented in a neutral way (even Harry Potter, with the exception of the scar that makes him instantly recognizable as Potter) and could very well be associated with other stories if precision was not given. I think a few minor retouches may be enough. There are not so many deserving fanarts, and people willing to take the time to draw them by wishing (visibly) to move away from the characters in the movies, and accept to share them under free license to try to illustrate WP where possible. It is in this sense that it would be sad to delete them, especially if it is not necessary. (I'm sorry too for my grammar) =) Suzelfe (talk) 09:41, 5 February 2018 (UTC)[reply]

Kept: no valid reason for deletion. --Sebari – aka Srittau (talk) 14:41, 17 March 2018 (UTC)[reply]

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