Commons:Deletion requests/File:Dirk van Eck - Gevelsteen Volksgebouw Herengracht Leiden.jpg
This picture is a crop of https://commons.wikimedia.org/wiki/File:Gevelsteen_Volksgebouw_Herengracht_Leiden.JPG, which file is acceptable under freedom of panorama. However, this crop does not depict the work "as it is located in the public space", but represents a close-up. It therefore does not meet the requirements under (Dutch, being the country of origin) freedom of panorama. The gable stone is also not "own work". Woodcutterty (talk) 12:33, 22 July 2015 (UTC)
{{DeletionFooter|KEPT|if the object can be freely photographed, then its close-ups can be also freely photographed. Taivo (talk) 08:39, 23 August 2015 (UTC)}}
- You would be absolutely right in making this decision, if it were true that the object can be freely photographed. The point however, is that it can't. Commons' policy is that the media uploaded has to be free in both the United States and the source country of the work. The source country is the Netherlands. According to Dutch copyright law, the making of photographs of a work permanently placed in the public space does not infringe the copyright on the work, provided it is depicted as it is located in the public space (article 18 Dutch copyright law). This means the work can only be depicted in the context of its surroundings, i.e. as it fits in the streetscape (see J.H Spoor, D.W.F. Verkade & D.J.G. Visser, Auteursrecht, Deventer: Kluwer 2005, p. 291; Auteursrecht is a standard on Dutch copyright law; see also Ch. Gielen (ed.), Kort Begrip van het intellectuele eigendomsrecht, Deventer: Kluwer 2014, p. 526). It is contrary to doctrine to say the object can be freely photographed, let alone that you can make close-ups of it without showing the surroundings, as was done here. Please take a decision in according with the law as it is, not on the basis of some random guess or of what you think the law should be. Thank you. Woodcutterty (talk) 09:39, 23 August 2015 (UTC)
Deleted, this was my mistake. I readed thoroughly about freedom of panorama in Netherlands and found, that Woodcuttery is right. I do not like that law. Taivo (talk) 09:28, 4 September 2015 (UTC)
