Commons:Deletion requests/File:Kaiser Wilhelm Gedächtniskirche 0665.jpg

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.

File:Kaiser Wilhelm Gedächtniskirche 0665.jpg

Image has the sculptural figure of Christ as the important or integral subject (instead of accessory). As this is indoors, this is not covered by the German freedom of panorama. Regrettably, its author, sculptor Karl Hemmeter, is not yet dead for more than 70 years (died in 1986). German freedom of panorama only applies to exteriors of architectures and works of art permanently found in public places, that is, outdoors and not indoors. JWilz12345 (Talk|Contrib's.) 02:18, 22 May 2022 (UTC)

Quoting from COM:FOP Germany#Public: "Whether a place is "public" for purposes of § 59(1) does not depend on whether it is public or private property. Instead, the question turns on its actual accessibility, which, according to the prevailing view, needs to be such that one can infer a (sufficient) dedication to the public....Buildings such as museums, public collections, churches, or administrative buildings are not "public" within the meaning of the statute, and thus photographs of works exhibited in their interior do not qualify for § 59(1)." JWilz12345 (Talk|Contrib's.) 02:33, 22 May 2022 (UTC)

I had to laugh at "Regrettably, its author, sculptor Karl Hemmeter, is not yet dead for more than 70 years (died in 1986)." If only he had died a bit sooner.... But who am I to break the law? Dosseman (talk) 08:12, 22 May 2022 (UTC)

@Dosseman: the admins can undelete or restore your photo at the 70th anniversary of his death. 1986+70+1 (plus one to complete the calendar) = January 1, 2057. By that time his heirs have no more patrimonial rights to control peoples images of his sculptural work. JWilz12345 (Talk|Contrib's.) 13:05, 22 May 2022 (UTC)

I did not know this. So there may be a goldmine in undeletable stock? I do not think I'll live to see the day (73+50+1=124 years of age). Is this a general rule, or specific to German law? At any rate, thanks for updating me. I will be back in Berlin in four weeks, and careful. Dosseman (talk) 19:18, 22 May 2022 (UTC)

@Dosseman: for your first question yes. Deleted files are not forever deleted from Commons, rather these are just made hidden to non-admins like us regular users, and more so the people (general public). There is always undeletion, either through COM:UNDEL or via arranged method (which I did by adding "Category:Undelete in 2057," which contains deleted files to be restored on January 1, 2057 by future admins).

Restoration/undeletion can be sooner if you can contact the heirs of the sculptor and ask them to permit your image to be released under the free license you choose. This can be achieved through COM:VRTS method.

For the second question, that is part of the German law. It is outlined at Commons:Copyright rules by territory/Germany. Regards, JWilz12345 (Talk|Contrib's.) 00:44, 23 May 2022 (UTC)

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Deleted: . --Didym (talk) 00:12, 30 May 2022 (UTC)