Commons:Deletion requests/File:Francisco Goñi.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.

Author is not "Herrera Casado" (Antonio), since he was born (1947) after the person depicted died (Francisco Goñi, 1873-1936). Source is not CC BY-SA 4.0 licensed, either. Data about original publication needed in order to determine copyright status (maybe public domain, maybe not, depending on author, publishing date, possible anonymous publishing, etc). Strakhov (talk) 17:43, 7 July 2022 (UTC)[reply]

To meet the requirements of the Commons:Precautionary Principle you must present "significant doubt", not just your opinion that this is not a "simple photograph" but perhaps show an expert opinion that this represents a "complex photograph" beyond just pressing the button to activate the shutter on the camera. See for example: File:Salvador_Dali_A_(Dali_Atomicus)_09633u.jpg, for a complex photograph requiring unique set dressing and multiple attempts. --RAN (talk) 13:10, 8 July 2022 (UTC)[reply]
Mimicking you; "to meet the requirements of Spanish copyright regarding meras fotografías you must present evidence of why this is a mera fotografía, not just your opinion". Spoiler -> you haven't. Strakhov (talk) 16:04, 8 July 2022 (UTC)[reply]
Anyway: underwater photography -> not mera photography in Spain, 500 000 pesetas of penalty fee. Now surely you can provide proof of what a mera fotografía is and why would that exception apply to studio photography. Strakhov (talk) 16:20, 8 July 2022 (UTC)[reply]
  • Sorry, I have no clue to what "underwater photography" has to do with this particular image of Francisco Goñi. The image doesn't meet the complexity of this known image of Salvador Dali: File:Salvador_Dali_A_(Dali_Atomicus)_09633u.jpg, the standard for complex art photography worthy of more protection. Pressing the shutter button, even at a commercial studio, does not raise the image to an art form. If the law was meant to protect specifically commercial photographs, it would have mentioned commercial photography in the law. --RAN (talk) 02:28, 13 July 2022 (UTC)[reply]
  • Sorry, I have no clue to what that photo of Dalí has to do with Spanish case law regarding simple photographs (sources, please??). In the other hand, "underwater photography" is one of the few examples you will be able to find on Spanish judges determining what a mera fotografía is. And that example is one pretty much lowering the originality bar at what you contemptuously call "pressing the shutter button". Cheers. Strakhov (talk) 18:56, 13 July 2022 (UTC)[reply]
  • It looks like that the subject posed for this photo. So, it is may not be just a simple photo - it is looks like that the photo was staged. Ruslik (talk) 10:58, 12 August 2022 (UTC)[reply]
  • In other countries, photographs where the photographer had control over the entire scene -- such as studio photographs -- were often full works, and not simple photographs. In those situations, the pictured content can also be part of the photographer's expression, as opposed to simple snapshots. I have not looked at Spain's specific wording or cases, though. Another source for the photo is here, where they credit it to Agrupación Fotográfica de Guadalajara, and also Archivo Histórico Provincial de Guadalajara, which holds Goñi's archives. It could be a self-portrait, I suppose, but it doesn't say that so maybe it's anonymous and it could be PD that way. Sounds like Goñi's archives were not found until 1980. Carl Lindberg (talk) 16:36, 12 August 2022 (UTC)[reply]

Kept: per RAN. The surroundings and the level of detail of the photo do not allow to evaluate the composiiton or a made-up set. Must be "simple photo". Ruthven (msg) 08:13, 10 October 2022 (UTC)[reply]