Commons:Deletion requests/File:FNJ Terminal 2.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:FNJ Terminal 2.jpg

The file is originally nominated for speedy deletion for "The file is a photo of Pyongyang Sunan International Airport from China Radio International, which though state owned, is not a governmental agency, so Template:PD-PRC-exempt does not apply to the file (as it is not governmental documents with administrative, legislative and judicial features). Indeed, the source page of the file stated that "中国国际广播电台国际在线版权所有©1997-2017", which means "China Radio International all rights reserved ©1997-2017", so the file is copyrighted and unfree." However, the uploader made a counterargument that the file may belong to public domain as it is extracted from a news report (Per File talk:FNJ Terminal 2.jpg). Therefore, a regular deletion request is used instead 廣九直通車 (talk) 09:53, 20 January 2019 (UTC)

The uploader's opinion:This picture is from China Radio International Online News Network. Since it is a news network and is published to the Chinese people and even the world in the form of news, According to the scope of not applicable in Copyright Law of the People's Republic of China: Article 5 (2) news on current affairs , the file belongs to the public domain in mainland China and possibly in other jurisdictions , not in violation of the licensing agreement.Therefore, the reasons for the infringement of the document are not met.(Chinese Version:)該圖片來自中國國際廣播電臺國際線上新聞網，既然是新聞網且以新聞的形式向中國群眾甚至是世界發佈，根據《中華人民共和國著作權法》第五條的不適用範圍之（二）時事新聞，則在中國大陸，也可能在其他管轄區，屬於公有領域，不爲違反許可協議。所以不符合文件被认为侵权的理由。--Jacky Cheung (talk) 15:42, 19 January 2019 (UTC)

•  Delete@Jacky Cheung: However, I will still vote for deletion. Firstly, as the source page claimed that the file is copyrighted, it might then be a violation of COM:PCP.Also, regarding Chinese copyright law, the use of Article 5 Section 2 is widely disputed.Some other legal advices even believes that images from news are copyrighted.Therefore, according to COM:PCP, I believe the file is better to be deleted.廣九直通車 (talk) 10:11, 20 January 2019 (UTC)

•  Keep:The passage "中国国际广播电台国际在线版权所有©1997-2017"("China Radio International all rights reserved ©1997-2017") is at the bottom of the source page , that mean the website is copyrighted and unfree , not referring to the news that includes pictures . In Mainland China , the photo that made for job (like the pictures made by journalists to record facts) are not defined as Photographs protected by Copyright Law or only protected in a very short time.（Chinese Version:）"中国国际广播电台国际在线版权所有©1997-2017"這行文字出現在網頁最底部僅僅是保護了網頁的著作權，并不是指包括圖片在内的這條時事新聞。在中國大陸，為公事而拍的照片（如記者為記錄事實所拍的照片）則不被定義爲受版權法保護的攝影作品或者僅保護一段極短的時間。--Jacky Cheung (talk) 15:21, 20 January 2019 (UTC)

•  Another reason for deletion @Jackycheung0929: Moreover, the document is released in 2015-06-25. As all files on Wikimedia Commons must be free in their source country and the United States, the file regarding may be free in China, but not in America. As the file is new enough, I would say that Template:PD-US-expired is not appliciable for the file. Moreover, as the file is not licensed under a universally free license, for example, a free CC license, or a free governmental license allowing free usage (eg. Template:OGL, Template:KOGL and Template:GJSTU1), the file is likely to be unfree in the United States, so it may qualify for deletion.廣九直通車 (talk) 06:31, 26 January 2019 (UTC)

Reference

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Deleted: per nomination. .     Jim . . . (Jameslwoodward) (talk to me) 09:49, 11 March 2019 (UTC)