Commons:Deletion requests/File:"Pato" Gasparini.jpg

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File:"Pato" Gasparini.jpg

File is marked as {{Not-PD-US-URAA}}, but the URAA obviously does not apply.

The photograph was, apparently, published in the "Sólo Fútbol" newspaper in 1987. As such, it was copyrighted in Argentina on 1 January 1996, which would seem to imply that the URAA is relevant.

However, Argentina has had bilateral copyright relations with the US since 1934, and been a party to the Berne Convention since 1967. The image thus received a US copyright per 17USC104(b)(2), and had not entered the public domain in the US when the URAA came into effect. Per the Hirtle chart, the relevant copyright term for the US is "70 years after the death of author, or if work of corporate authorship, 95 years from publication." - Revent^talk 01:02, 3 April 2017 (UTC)

As a further note, this US term is the same regardless of if the work was published with, or without, a copyright notice. - Revent^talk 01:04, 3 April 2017 (UTC)

•  Delete as per Revent. Yann (talk) 06:45, 4 April 2017 (UTC)

Defensa

Según la Template:PD-AR-Photo, de acuerdo al artículo 7, inciso 4 de la Convención de Berna, los países pueden disponer su propia legislación sobre el plazo de protección para obras fotográficas; Argentina ha decidido que éste sea de 25 años, por lo que esta imagen se encuentra dentro del Dominio Público; si la obra posse copyright en Estados Unidos, no entiendo porque la legislación de éste país deba primar sobre la de Argentina. En todo caso, que quede vedado su uso en otras wikipedias pero que se permita el mismo en se versión en español. De no ser así, evidentemente la Template:PD-AR-Photo debería ser modificada para que queden claras las disposiciones para subir este tipo de imágenes.User talk:Juanmariokd, 20:37 4 de abril de 2017.

@Juanmariokd: Me disculpo por tener que responder en inglés.

You are perfectly correct that the work is in the public domain in Argentina... nothing in the argument I have made changes that. It is unfortunate that the Spanish Wikipedia does not allow local uploads.

However, since Wikimedia Commons (and the WMF) operates from inside the United States, the COM:Licensing policy requires that works which are not compatibly licensed must be in the public domain in both the source nation and the United States.... if the work is not in the public domain in the US as well, it is a copyright violation for us to host it, despite it being PD in Argentina.

This is mainly because the US does not, unlike most countries, follow the rule of the shorter term... copyright terms in the United States tend to be much longer than those in other countries, and (since Argentina has long-standing copyright relations with the US) a 1986 work received the same US copyright term as a US work would have.

You are perfectly correct that {{PD-AR-Photo}} should include the text from {{PD-old-warning-text}}, "You must also include a United States public domain tag to indicate why this work is in the public domain in the United States." We should fix that. Unfortunately, experience shows that such warnings are frequently either not noticed or ignored.

It's not your fault, but the image is not going to be in the public domain in the US for a very long time. You might want to consider encouraging the Spanish Wikipedia to begin allowing local uploads. - Revent^talk 05:16, 4 April 2017 (UTC)

 Delete according to {{Not-PD-US-URAA}} "...this template should NOT be applied to files uploaded after 1 March 2012. Files uploaded after this date which the template would apply to should be treated as other violations of the Commons:Licensing policy".

On the other hand, the past discussion about massive restoration of deleted images by the URAA (closed as 'YES' stating that "URAA cannot be used as the sole reason for deletion...") can cause confussion in users such as the uploader (and even myself so I uploaded PD-AR files which are not PD in the USA). Keep in mind that there are lots of PD-AR-Photo images (later than 1 January 1970) still existing in Commons. - Fma12 (talk) 14:28, 4 April 2017 (UTC)

@Fma12: Just to be clear, the URAA is not the problem here... the tagging as {{Not-PD-US-URAA}} was simply wrong, as the image was never eligible for a URAA restoration. And yes, the PD-AR-Photo category needs a thorough review, but I'm trying to look at the category of 'URAA' files first, to find the ones in there that are actually not URAA cases. - Revent^talk 02:00, 5 April 2017 (UTC)

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Deleted: per nomination. --Daphne Lantier 00:06, 10 April 2017 (UTC)