Commons:Deletion requests/File:H-O.Ramdor 1933.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.

This file, apparently a German passport photograph from 1933 with an author said to be unknown, was uploaded using three license tags.

The first, {{PD-Germany-§134}}, is a rather special license tag that does NOT apply to the image, because it was NOT "published by a legal entity under public law". Accd. to German law, "Legal entities under public law" , emphasis on under public law (de:Juristische Person des öffentlichen Rechts), are basically cities, counties/districts, the German states, the German nation state itself, some churches and some other public bodies. Also, to use this tag, the legal entity under public law in question must be named as a "Herausgeber" in/on the work, and at the same time no personal author must be named. None of this is shown to apply to this photograph.

The second tag, {{PD-old-70}}, claims that the photo is in the public domain because its author died at least 70 years ago. The author is said to be unknown, so how can we claim he died at least 70 years ago? Clearly this tag cannot apply as well.

The third tag, {{PD-Polish}}, refers to photographs by Polish authors or first published in Poland before 1994. This is a photo showing a German SA member in (likely) 1933, so why should it be a Polish phootgraph? Unless further details are given that convincingly show otherwise, we have to assume that PD-Polish does not apply as well.

{{PD-EU-no author disclosure}}, another license tag often used by uploaders as a sort of catch-all for older works, isn't applicable to German works before 1995, since German law says that pre-1995 anonymous works are only really anonymous if the author was never publicly disclosed anywhere, not even in a lecture or similar. One cannot prove that, so pre-1995 "anonymous" works from Germany are not suitable for Commons (or de.wp).

A 1933 photograph is also not old enough to assume that the photo must be in the PD anyway, since the author easily could have lived beyond 1950. There is {{PD-old-assumed}}, but the photo would have to be at least 120 years old for that.

tl;dr: There is not enough information for us to be able to keep this file. It should be deleted per the precautionary principle unless conclusively shown to actually be in the public domain or under a free license. Rosenzweig τ 10:27, 2 October 2021 (UTC)[reply]

 Comment In 1933, it was not Polish. So I don't agree that Polish law would apply to this. --Rosenzweig τ 22:52, 12 December 2021 (UTC)[reply]

Deleted: per nomination. --Ellywa (talk) 21:54, 9 April 2022 (UTC)[reply]