Commons:Deletion requests/File:AFT 1758 (8593319770).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:AFT 1758 (8593319770).jpg

[edit]

Outfits worn in image are copyrighted art by a living artist, from the artist's Soundsuit series - this image contains non-free content and should be hosted directly on Wikipedia at a lower resolution. 19h00s (talk) 21:08, 28 May 2022 (UTC)[reply]

  • Oppose: Photographs of fashion like at the Met Gala are allowed; is this photograph, primarily used to depict a public event in a historic building, not allowed simply because costumes are being worn? ɱ (talk) 04:26, 29 May 2022 (UTC)[reply]
  •  Delete See Commons:Derivative works. Fashion, even if it is haute couture, counts as "useful articles" and is usually except from copyright in the US whereas the performance costumes by Nick Cave are objects of applied art. Therefore we cannot keep this image. De728631 (talk) 16:04, 29 May 2022 (UTC)[reply]
This distinction is essentially nonexistent, and useless. These are costumes just like at fashion events. ɱ (talk) 16:53, 29 May 2022 (UTC)[reply]
No, this distinction is actually important. Nick Cave's Soundsuits are very specifically copyrighted sculptures that are only worn for performance pieces, they are not costumes. The copyright for his Soundsuit sculptures are well-documented, and they have all been used in performances similar to the one photographed in the discussed image: see Soundsuit (2009) at SFMOMA, Soundsuit (2009) at the Smithsonian, and Soundsuit (2011) at MoMA. While the Soundsuits in the image do not seem to have been acquired by any public museum (they are most likely either still owned by the artist or in a private collection), all the contemporaneous media coverage about the pictured performance describe these pieces as specifically part of the Soundsuit series (comprehensive New Yorker writeup), meaning they are also copyrighted sculpture. 19h00s (talk) 17:53, 30 May 2022 (UTC)[reply]
People were actually wearing these "sculptures" within this performance, so they do qualify as costumes. Plus, this was used as performance art in MTA's Arts for Transit program. ----DanTD (talk) 12:16, 10 June 2022 (UTC)[reply]
As far as copyright law is concerned, that's not actually true. Again, these are copyrighted works of art, our definitions of "sculpture" vs "costume" literally don't matter. Cave has sued and won multiple times over misuse of images of his Soundsuits, whether they are being used in a performance does not matter. There is a long history of performance artists wearing copyrighted works in performances (Faith Ringgold, Yoko Ono, etc.), and the fact that they were used for performances did not diminish the copyright-ability of those works. 19h00s (talk) 13:20, 10 June 2022 (UTC)[reply]
 Delete dangerous to keep this image if the artist himself is fond of slapping image users with lawsuits. It is very unacceptable if we will host content that will endanger image users. This is where COM:Project scope/Precautionary principle becomes valid. JWilz12345 (Talk|Contrib's.) 08:05, 11 June 2022 (UTC)[reply]

Deleted: per nomination, discussion. --Rosenzweig τ 17:09, 19 October 2022 (UTC)[reply]

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