Commons:Deletion requests/File:Совет народных комиссаров (Ленин, Штейнберг, Комков, Бонч-Бруевич, Трутовский...), 1918.jpg

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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.

File:Совет народных комиссаров (Ленин, Штейнберг, Комков, Бонч-Бруевич, Трутовский...), 1918.jpg

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No indication of early enough publication to currently be public domain. We know it was published in Smena in 1979, so we can have this undeleted in 2075 - unless an earlier publication is found. Right now there is no evidence that the item was PD in Russia either on the URAA date or right now for that matter. --PlanespotterA320 (talk) 17:37, 23 May 2020 (UTC)[reply]

  • @PlanespotterA320: That picture now is a property of State Museum of the Political History of Russia. It's public domain. MarcusTraianus (talk) 19:03, 23 May 2020 (UTC)[reply]
    • A photo being property of the State Museum of the Political History of Russia does not make it PD.--PlanespotterA320 (talk) 19:53, 23 May 2020 (UTC)[reply]
      • @PlanespotterA320: It does. In museum's term of use, it is written that The content of this site, including all images and text information, is intended for non-commercial use only, as well as for educational use and for distribution to the media. That image violates nothing. MarcusTraianus (talk) 20:40, 23 May 2020 (UTC)[reply]
        • They specifically only allow non-commercial use. Items on Commons MUST be permitted for Commercial use per Commons terms and conditions. There is no proof that this item is allowed for comercial use as required by commons.--PlanespotterA320 (talk) 00:45, 24 May 2020 (UTC)[reply]
          • @PlanespotterA320: According to Article 1276 of the Civil Code of the Russian Federation, Reproduction and distribution of copies made, broadcast or cable, publicizing works of fine art or photographic work that are constantly in a place open for free access are allowed without the consent of the author or other copyright holder and without payment of remuneration, if the image of the work is the main object of use or the image of the work is used for profit. That image is open for public. It's public domain according to the Russian law. MarcusTraianus (talk) 08:28, 24 May 2020 (UTC)[reply]
            • This photo IS NOT PUBLIC DOMAIN UNDER RUSSIAN LAW. The website it comes from specifically does not allow for commercial use in line with Wikimedia Commons rules. You must provide proof that this item meets the requirements of a PD-Russia template by being published early enough or it will be deleted. You cannot take one paragraph out of context from the law to distort the meaning. This item is not PD under Russian law (and sole commercial rights belong to copyright holder) unless proof of early enough publication is found. Commons is not for fair-use photos.--PlanespotterA320 (talk) 18:29, 24 May 2020 (UTC)[reply]

Deleted: per nomination. --ƏXPLICIT 06:06, 15 January 2021 (UTC)[reply]

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