Commons:Deletion requests/File:Asemalta-NuKolor-julkistus-2.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.

Derivative work of contemporary mural by UnKolorDistinto (from Valparaiso, Chile) located at Myyrmäki railway station in Vantaa, Finland. The mural is not in public domain yet. FOP in FInland for buildings only. Apalsola tc 13:31, 28 December 2015 (UTC)[reply]

If you look Finnish Copyright Act (404/1961) section 25a point (3) and point(4) you can see that there isn´t any problems with copyright. Mural is permanently at public place and wikipedia is like periodical not commercial usage and mural is not main point of picture of whole railway station. (point 3 section 25a copyright act). It is also legitimate to take and use pictures (also commersial) of buildings with all permanent parts like all artworks witch are permanet part of building (point 4 section 25a copyright act). --Petterin (talk) 15:26, 28 December 2015 (UTC)[reply]
http://www.finlex.fi/en/laki/kaannokset/1961/en19610404.pdf
You are right, the main point is that the mural is not the main point of the picture of the whole railway station. That is why the picture can be downloaded to Commons. --Abc10 (talk) 19:58, 28 December 2015 (UTC)[reply]
(For cross-reference: there is also some discussion ongoing in fi:Wikipedia:Kahvihuone (tekijänoikeudet)#Valokuvat rakennuksista (permanent link) on this topic.)
Please notice that commercial use of the work must be allowed on Commons, so the "Wikipedia is non-commercial usage" reasoning is not valid. And if you think that the mural is not the main part of the image, why is it the only thing you described in the image description?
As I stated in the deletion request, I am aware of the Freedom of Panorama for buildings and if this image is considered just an image of a building, then it should not be deleted. However, I think the mural is very central part of this image, and in such cases images have been deleted before: for example images of the Lyhdynkantajat statues were deleted before 2013 (see 1, 2, 3, 4). (They were later undeleted because the statues entered into public domain in 2013 which is not the case with the mural.) So, I think the question is whether the image really is about the building (would probably be OK) or about the work of art (would probably not be OK). This is the reason I created this deletion request instead of just labeling the image as {{Copyvio}} to get it speedy deleted. ––Apalsola tc 20:24, 28 December 2015 (UTC)[reply]
I think Finnish Copyright Act (404/1961) is very clear. You can publish picture of whole building with all artwork freely, but thing is maybe different if you publish picture of some datails like Lyhdynkantajat. In my picture you can see whole building from westside.
And I think it was very beneficial to open discuss also at finnish Kahvihuone, because now we know that somebody has already publish picture of mural with wrong information about artists :( --Petterin (talk) 22:08, 28 December 2015 (UTC)[reply]
Lyhdynkantajat is a separate work of art, which can be moved away from the building (and has been moved for restoration). It is not a part of the building in the same way as a mural. This photograph should be loaded in fi-Wiki and used as described in the Finnish Copyright Act. Or it should be trimmed otherwise.--Htm (talk) 09:12, 31 December 2015 (UTC)[reply]

Deleted: The mural is clearly not de minimis -- that would require that it could be removed without the average viewer noticing the removal. .     Jim . . . . (Jameslwoodward) (talk to me) 15:10, 4 January 2016 (UTC)[reply]