Commons:Deletion requests/File:Generalgouvernement 1944 125 Burg Wawel in Krakau.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.

Per Commons:Copyright rules by territory/Germany stamps of this country are copyrighted until at least 70 years after the death of the artist. So this image is copyrighted until at least 2,061 since the artist, Roman Zenzinger, died in 1990. If not longer due to it's copyright status being renewed by the URAA. Although I'll leave that up to the closing administrator to decide. Adamant1 (talk) 20:15, 5 August 2023 (UTC)[reply]

 Comment I'm not sure why this was categorized as a work of Roman Zenziger, the description credits it to someone else named Stübinger. Per de:Roman Zenziger, he was active in the Balkans, Slovenia, Trieste during the Second World War, so Poland/Krakow does not really fit. --Rosenzweig τ 08:06, 7 August 2023 (UTC)[reply]
If German copyright rules apply then this file is in the public domain according to {{PD-Germany-§134-KUG}}. -- Robert Weemeyer (talk) 10:07, 8 August 2023 (UTC)[reply]
How so? It's not really helpful to say something is public domain without giving the reason why you think that's the case. --Adamant1 (talk) 00:29, 9 August 2023 (UTC)[reply]
He did state a reason by linking the appropriate template. Basically, stamp published before 1966 by a legal entity under public law without naming the author. The question is if the General Governorate for the Occupied Polish Region can be considered a German legal entity or not. --Rosenzweig τ 06:08, 9 August 2023 (UTC)[reply]
OK. I still would have appreciated a more clear reason, but whatever. Tangentially related but I'm still not convinced that it matters if the author is named or not in cases where we know who they are since Commons:Copyright rules by territory/Germany says "The copyright term for anonymous and pseudonymous works is 70 years after publication unless A. the author reveals their identity within that period of time" and there's no other way we can know who created the stamp unless they revealed their identity. Admittedly the template doesn't say that, but it is based on the guideline and it doesn't say anywhere in the "Anonymous and pseudonymous works" sections that stamps are exempt from the rule. What it does say though is " all anonymous or pseudonymous works created prior to 1 July 1995 the term of copyright must be calculated as follows." If that's not the case, cool. But the guideline and template should be changed to reflect it if that's the case so it doesn't keep coming up or people don't just cite the template when/if it's wrong. --Adamant1 (talk) 06:31, 9 August 2023 (UTC)[reply]
COM:Germany does not cover all special cases of German copyright law. The cases covered by {{PD-Germany-§134-KUG}} and {{PD-Germany-§134}} – works not naming an author (a person) and published by a legal entity under public law – are based on older copyright laws which were replaced by the current law in 1966, but are still relevant for these older works. For these special cases they override the other rules. There are only few relevant applications for these exemptions here, stamps being the most important one. --Rosenzweig τ 11:59, 12 August 2023 (UTC)[reply]

Deleted: Unlike the Protectorate of Bohemia and Moravia, the General Governorate for the Occupied Polish Region was apparently not formally annexed by the German empire, so I don't think we can apply German law here, even if this stamp was probably created and published by Germans in what was then nominally still Poland. We do have the name of an author (Stübinger, not Zenziger, as explained above), but no year of death, so the file can be restored in 2065 with {{PD-old-assumed}}. The US copyright (restored by the URAA) will expire before that at the end of 2039. --Rosenzweig τ 11:59, 12 August 2023 (UTC)[reply]

Peter Stübinger died in 1987 - undelete in 2058. -- Robert Weemeyer (talk) 21:21, 13 August 2023 (UTC)[reply]