Commons:Deletion requests/File:Gustav Klimt 2012 Pressefoto09.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.

I'd like to view the oppinions of the community regarding two problems with this file (and other similar photos). I don't really want the file to be deleted, since I'm the uploader. The first problem is that it is not in the public domain in the US, but this is also the case with other photos of Gustav Klimt, by the same photographer (Josef Anton Trčka): File:Klimt.jpg, File:Trcka04.jpg, as well as all the photos in Category:Josef Anton Trčka (and many other photos or paintings with authors deceased between 1926 and 1940). The second problem is that the Wien Museum claims copyright on this photo (see [1]) and says "The reproduction of the images is only in connection with the exhibitions of the Wien Museum free of charge". I'm not sure such a claim is valid, regarding of a picture which is out of copyright in Austria (the source country and the country of residence of the museum). Razvan Socol (talk) 15:43, 25 November 2011 (UTC)[reply]

 Keep - see also {{Not-PD-US-URAA}}. /Pieter Kuiper (talk) 23:08, 1 December 2011 (UTC)[reply]
Are you certain that it was not published before 1923? If it was, even outside of the USA, then it is not under copyright in the USA, because it fails the fourth point of the Wikipedia:Non-U.S._copyrights#Four-point_test.
I would ignore the claim by the Wien Museum -- it is certainly PD there, and they are possibly committing Copyfraud.      Jim . . . . Jameslwoodward (talk to me) 16:07, 2 December 2011 (UTC)[reply]
I didn't realize that the 1923 criteria applies in this case (after reading only Commons:Licensing#Uruguay_Round_Agreements_Act). Considering that the image is dated 1914, it was probably published before 1923. I now understand that in this case, we should also remove the {{Not-PD-US-URAA}} tag. Razvan Socol (talk) 18:46, 2 December 2011 (UTC)[reply]

Kept: PD -- URAA does not apply.      Jim . . . . Jameslwoodward (talk to me) 00:38, 3 December 2011 (UTC)[reply]