Commons:Deletion requests/File:Koreabattery.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.

File:Koreabattery.JPG

[edit]

Sculpture by Mac Adams, dedicated in 1991 [1]. Image is not in public domain, modern sculpture images in US are not allowed. --Gryffindor (talk) 17:51, 9 May 2010 (UTC)[reply]

Hmmm... Would need more info on the sculptor and the date/circumstances of the creation. Could be PD-USGov if he had the official task to create a monument. --PaterMcFly (talk) 20:43, 9 May 2010 (UTC)[reply]
A PD-USGov tag is a photo by the US government or US government agency, not about a work of art for the US government. Gryffindor (talk) 01:15, 10 May 2010 (UTC)[reply]
PD-USGov can cover any work done by an employee of the US Government. I don't think this is one, though.--Prosfilaes (talk) 05:01, 10 May 2010 (UTC)[reply]
I doubt that simply because a government employee took a picture of a copyrighted work of art, it automatically makes it public. The copyright of the artist cannot be overridden simply because a government employee took a picture. Gryffindor (talk) 05:54, 10 May 2010 (UTC)[reply]
I'm not talking about the picture but about the statue. Also that one could be a work of a sculptor working for the government. --PaterMcFly (talk) 14:00, 10 May 2010 (UTC)[reply]
Well then how do you explain this disclaimer Category:Korean War Veterans Memorial [2]? Gryffindor (talk) 17:46, 10 May 2010 (UTC)[reply]
That is about another monument of another sculptor. I'm not saying that the sculptor really did work for the government at that time but that it is possible. We need more information to judge this. --PaterMcFly (talk) 08:16, 11 May 2010 (UTC)[reply]
I'm afraid I don't quite follow your argument. Modern works of art per law cannot be public images in the United States Commons:Freedom_of_panorama#United_States unless there is specific statement regarding the artwork making it under freedom of panorama. Unless there is a specific statement by the sculptor Mac Adams (b. 1943), which I don't see. Gryffindor (talk) 13:32, 11 May 2010 (UTC)[reply]
  •  DeleteMcFly is completely correct. If the artist were on the US Government payroll or, because of the USA work for hire rule, was not careful in writing a contract with the US Government, the statue could well be PD-gov. This is true of any work, not just photos, made by an artist working for the government. For example, all the works made by the Works Progress Administration are PD-gov.
However, that was not the case here. The Korean War Veterans Memorial Committee was a private group and the US Government had nothing to do with it.. . . . Jim . . . . Jameslwoodward (talk • contribs) 14:53, 16 May 2010 (UTC)[reply]
  • Not sure if this debate is still open, but the logical thing to do (in the months this has been open) would have been to contact the Korean War Veterans Memorial Committee and the designer and ask them about the copyright situation. Find out (instead of speculating) whether it was a work for hire or not, and if it was a work for hire find out (instead of speculating) what the Korean War Veterans Memorial Committee's stance is on copyright. You might find there is room for something that allows photos such as this under a license Commons will accept if you take the time to ask. Carcharoth (Commons) (talk) 07:23, 24 July 2010 (UTC)[reply]
    Have been unable to find details for the 'Korean War Veterans Memorial Committee' (some sources call it a 'commission'), but it is possible to contact the artist here. Will see what comes of that. Carcharoth (Commons) (talk) 09:59, 25 July 2010 (UTC)[reply]
    My (brief) correspondence with the sculptor indicated to me that delete is the best option here, at least until things are clearer. I have offered to put the sculptor in contact with OTRS volunteers if he or his representatives want to resolve this issue quicker than the timescale of this deletion debate, but have yet to hear back from him. Carcharoth (Commons) (talk) 14:45, 31 July 2010 (UTC)[reply]

Deleted. Per Carcharoth's excellent research, there is no clear evidence from either public records or the original artist indicating that the work is or was intended to be public domain. The artist can donate their own version at a later time through OTRS if they become available. Dcoetzee (talk) 01:01, 1 November 2010 (UTC)[reply]

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