Commons:Deletion requests/File:Adele-Bloch-Bauer bw - (1881-1925).jpg

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File:Adele-Bloch-Bauer bw - (1881-1925).jpg

This file was initially tagged by Feyth as Copyvio (copyvio) and the most recent rationale was: The source for this photo prohibits any adaptation, [...] distribution, redistribution in any form, [...] any extraction or reuse [...]
please refer: https://www.parismatch.com/Services/Conditions-generales-d-utilisation
Article 9 PROPRIÉTÉ INTELLECTUELLE
9.1 Contenu des services
Le contenu du Site et l’utilisation des Services, protégés par la loi et notamment les dispositions du Code de propriété intellectuelle, sont exclusivement destinés à l’information et l’usage personnel de l’Utilisateur qui bénéficie d’un droit d’usage privé, non collectif et non exclusif.
Sauf autorisation expresse et préalable de l’Editeur, est interdite toute reproduction, représentation et utilisation autre que celles visées ci-dessus et notamment :
toute adaptation, mise à disposition du public à sa demande ou non, distribution, rediffusion sous quelque forme que ce soit, mise en réseau, communication publique de tout ou partie des œuvres, prestations, marques et tous éléments protégés ou susceptibles de protection par le droit de la propriété intellectuelle reproduits sur le Site;
toute extraction ou réutilisation, y compris à des fins privées, d’une partie substantielle du contenu des bases de données constituées par le Site;
toute extraction ou réutilisation, répétée et systématique, y compris à des fins privées, d’une partie même non substantielle du contenu des bases de données constituées par le Site;
tout lien, accès, modification, ajout, suppression qui porte sur le système de traitement automatisé de l’édition en ligne et modifie les conditions de publication ou la politique éditoriale.
T r a n s l a t i o n:
Article 9 INTELLECTUAL PROPERTY
9.1 Content of the services
The content of the Site and the use of the Services, protected by law and in particular the provisions of the Intellectual Property Code, are exclusively intended for the information and personal use of the User who enjoys a right of use. private, non-collective and non-exclusive.
Except with the express prior authorization of the Publisher, any reproduction, representation and use other than those referred to above is prohibited and in particular:
any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication of all or part of the works, services, brands and all elements protected or susceptible of protection by the intellectual property rights reproduced on the Site;
any extraction or reuse, including for private purposes, of a substantial part of the content of the databases constituted by the Site;
any repeated and systematic extraction or reuse, including for private purposes, of even a non-substantial part of the content of the databases constituted by the Site;
any link, access, modification, addition, deletion which relates to the automated processing system of the online edition and modifies the conditions of publication or the editorial policy.
Converted to regular DR to allow for discussion about whether the original image is already in the public domain. -- Túrelio (talk) 07:00, 25 May 2021 (UTC)

Same problem with: File:Adele-Bloch-Bauer (image colorisée).jpg

Thank you Túrelio the original file is File:Adele Bloch Bauer vers 1910.jpg the picture was taken ca 1910. The photographer is, after research, unknown. Adele Bloch-Bauer died in 1925. So it's obvious for me that the photograph is PD. Another aspect is the fact that the original photograph comes from the Paris-Match website which protects its content, which is quite normal. I uploaded the image, however, because no item in the public domain can be copyrighted again. Unless of course it has been transformed, for example if Paris Match had coloured the photograph, this work on the colour would have been protected by copyright. Here, it is simply a desaturation and a crop of the initial photograph (it can be done in a few seconds) which I gave the link above. The threshold of originality of this "transformation" is therefore not reached. I could therefore place it on Commons and mention the source: Paris-Match as I did. Best regards, --Madelgarius (talk) 07:12, 25 May 2021 (UTC)

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Deleted: 1910 is too recent to assume that the photographer has been dead for 70 years. A photographer born in 1890 could easily have lived until 1970, which is only 51 years ago. .     Jim . . . (Jameslwoodward) (talk to me) 16:21, 26 June 2021 (UTC)

@Jameslwoodward: Total disagreement with this decision without discussion and without taking into account the one above. An anonymous work refers to a work where the author is unknown, undisclosed, or has been deliberately attributed as anonymous. In most European Union countries due to the harmonization of copyright terms, an anonymous work is given 70 years of protection from the day it was published (which can often make anonymous works published before 1955 be considered to be in the public domain). Albania, Andorra, Australia, Brazil, Norway, and Paraguay also use 70 years.

Are you going to delete all the post-1900 photographs whose author is unknown?--Madelgarius (talk) 06:07, 2 July 2021 (UTC)

"Anonymous" and "Unknown" are two very different things. The former requires that the work was originally published without credit and with the creator deliberately not named. The latter simply says that we do not know who the creator was -- the name was lost over time. It is therefore completely incorrect to say, as you did above, "An anonymous work refers to a work where the author is unknown...". THe balance of your statement "An anonymous work refers to a work where the author is ... , undisclosed, or has been deliberately attributed as anonymous." is correct.

Note also that the law you cite and the status of "anonymous" requires publication. There is no evidence that that this image was published in 1910 or any other date before 1952. In order to rely on the EU rule you cite, you must prove publication, not just creation, before 70 years ago. .     Jim . . . (Jameslwoodward) (talk to me) 13:08, 2 July 2021 (UTC)