Commons:Deletion requests/File:KORWARM2.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.
Artist has challenged unlicensed reproductions in the past--see notice at top of Category:Korean War Veterans Memorial DanielPenfield (talk) 09:18, 14 November 2023 (UTC)
- Need Understanding of Deletion Nomination
Not sure why this is nominated even though listed the National Register of Historic Places Korean War Veterans Memorial. Does that mean I shouldn't take pictures of such things or is Wikimedia protecting itself from an artist that created something for all American to see or National grounds? I have another photo KORMEM1 also nominated for deletion. Same issue? 54conphotos (talk) 13:49, 14 November 2023 (UTC)
- @54conphotos: kindly reply on the nomination page itself instead of talk pages, no one (except a handful of) users will ever notice your response in the talk pages (I propose that the talk pages of deletion requests be disabled). Regarding the monument, it is not a free monument that can be commercially used. Wikimedia Commons does not permit content that cannot be freely used by commercial re-users. The U.S. copyright law does not provide a freedom of panorama provision for copyrighted monuments. Numerous images of this unfree public monument have been deleted in the past, see Category:Korean War Veterans Memorial-related deletion requests/deleted for the successful deletion requests. JWilz12345 (Talk|Contrib's.) 22:07, 25 November 2023 (UTC)
- Delete per nom and COM:FOP US. I added File:KORMEM2.jpg. — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 13:38, 26 November 2023 (UTC)
- Delete @54conphotos: Such photos are probably fine in non-commercial situations due to fair use. Unfortunately, the Korean memorial is relatively recent, and the sculptor retained the copyright despite it being commissioned by the US government. As such, photographs where the sculptures are the main subject are derivative works which the sculptor can selectively prosecute. This has actually happened; the U.S. Post Office made a stamp featuring a photo of this memorial in winter with snow; they got a license from the photographer, but not the sculptor, and they lost. See here, which was appealed but upheld. So, you can't for example put your photo on a t-shirt and sell it, without permission from the sculptor's estate. (There was a similar case, won by the sculptor, on a t-shirt of a photo of the Vietnam Women's memorial statue.) For works put up before 1978, a copyright notice was often not there resulting in the statue becoming public domain, but since 1978 that is unlikely (see Commons:Public art and copyrights in the US). It is frustrating, but it is the law. Carl Lindberg (talk) 16:11, 26 November 2023 (UTC)
- Keep: “United States 17 USC 120(a) (United States Copyright Law) does not allow free reproductions of non-architectural artistic works” a wall ist clearly “architectural” --Zenwort (talk) 08:28, 28 November 2023 (UTC)
- @Zenwort: This is not about a wall, this is about the various sculptures of the soldiers. See also Commons:Deletion requests/File:KORMEM1.jpg. — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 13:11, 28 November 2023 (UTC)
Deleted: Fantastic photo but sadly the statue is not covered under FOP. --Gbawden (talk) 13:54, 14 December 2023 (UTC)