Commons:Deletion requests/File:DALEK.jpg

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:DALEK.jpg

This was transwikied here while under discussion as a possibly unfree file. It depicts a copyrighted 3D artwork. As it is not permanently installed in a public place, COM:FOP does not apply. Stifle (talk) 09:21, 12 January 2010 (UTC)

 Delete Derivative work. -- Deadstar (msg) 12:09, 12 January 2010 (UTC)

 Delete The Dalek design is © by the Terry Nation Estate and the BBC. Photographic representation of the design cannot be freely licensed. — Edokter • Talk • 14:30, 12 January 2010 (UTC)

Comment: Most of the other images in Category:Daleks presumably fall into the same category as this image; their use should be reviewed by experts on copyright law, derivative works and freedom of panorama (of which I am not one, so I express no opinion here). —Josiah Rowe (talk) 15:18, 13 January 2010 (UTC)

•  Comment Could someone please explain why this photograph would differ from a photograph of a modern car? Jan Arkesteijn (talk) 15:47, 13 January 2010 (UTC)
  • I don't know whether this amounts to a legal difference, but a copyrighted design which is created for use in a creative medium (in this case, a television programme) might be considered to be different from a copyrighted design which is created for use in daily life. Also, I don't know the full rationale underlying this, but Commons:Fan art#Freedom of panorama says this:

    If a sculpture of the Batmobile from Batman Returns were permanently installed in a public park in, say, the UK, then a photograph of it would not infringe any copyright, and neither would a drawing copied directly from that photograph. However, that does not mean that all representations of the Batmobile thereby become free; only those that are based solely on the photograph to which Freedom of Panorama applies.

    By parallel with this, File:Dalek - Brighton.jpg might be acceptable, if the Brighton Doctor Who exhibit qualifies as a permanent installation, but File:DALEK.jpg would not be, because the Daleks were on the move and not permanently installed. —Josiah Rowe (talk) 17:13, 14 January 2010 (UTC)
• Query—if I uploaded a photograph of my own property, a toy Dalek, against a neutral background, would that be acceptable? Toy Daleks are intended for everyday use, much like a modern car. TreasuryTag (talk) 17:08, 16 January 2010 (UTC)
  • No, that would be a derivative work. The Dalek design is still copyrighted, even as a toy. —Josiah Rowe (talk) 20:45, 18 January 2010 (UTC)

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Deleted, not permanently installed, thus no freedom of panorama applies. --The Evil IP address (talk) 09:47, 20 February 2010 (UTC)