Commons:Deletion requests/File:Lastschalter KKK.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.
Privately taken photograph from the inside of a nuclear power plant. No permission given from the owner. Quartl (talk) 09:41, 30 July 2009 (UTC)
Keep - Not a copyrightable object, no permission from "owner" required. --Latebird (talk) 23:34, 30 July 2009 (UTC)
- Surely, the image is subject to copyright law, since it was taken from the inside of a non-public building. Freedom of panorama doesn't apply here. Sincerely, --Quartl (talk) 05:14, 31 July 2009 (UTC)
- No- it's machinery, it's appearance is not protected by copyright unless it has some artistic merit beyond its utilitarian aspects, I believe. See this explanation. J Milburn (talk) 16:15, 31 July 2009 (UTC)
- Sure it's machinery but that doesn't make it an utilitarian object. It is most probably one-of-a-kind and a trade secret. You cannot go into a factory, secretly shoot images of the things there and publish them without the given assent of the owner. --Quartl (talk) 16:39, 31 July 2009 (UTC)
- No- it's machinery, it's appearance is not protected by copyright unless it has some artistic merit beyond its utilitarian aspects, I believe. See this explanation. J Milburn (talk) 16:15, 31 July 2009 (UTC)
- Surely, the image is subject to copyright law, since it was taken from the inside of a non-public building. Freedom of panorama doesn't apply here. Sincerely, --Quartl (talk) 05:14, 31 July 2009 (UTC)
- This is getting more and more absurd. What exactly is machinery supposed to be if not an utilitarian object? Also, Commons policies don't care about trade secrets or house rights that may or may not (pure speculation!) have been violated. Those are the photographer's problem (if at all), not ours. --Latebird (talk) 12:55, 1 August 2009 (UTC)
- In Germany, it is forbidden to take photographs from the interior of nuclear power plants. So you're saying that is the problem of the photographer and not of Wikimedia Commons. If that is really so, then this is fine with me. Note that the uploader seems to have given his real name and since he cannot revoke the licence, he cannot undo his "crime". If that is also okay with you, by all means keep the image. --Quartl (talk) 12:11, 2 August 2009 (UTC)
- Why do you believe so? There is no German law forbidding to show photographs or other images from NPP, taken in- or outside from.
- In all German NPPs, visitors are explicitly forbidden to take pictures inside. I do not know the exact legal source for this, since I am no lawyer, but after Atomgesetz §7, operators of NPPs must ensure the security of the plant, so this may be the foundation. --Quartl (talk) 18:12, 3 August 2009 (UTC)
- Answers:
- > In all German NPPs, visitors are explicitly forbidden to take pictures inside.
- The photo was taken by an employee of KKK NPP.
- > I do not know the exact legal source for this,
- There isn't any.
- > since I am no lawyer, but after Atomgesetz §7, operators of NPPs must ensure the security of the plant, so this may be the foundation.
- How could the photo of the circuit breaker compromise nuclear security? Despite this, § 7 AtG does not say so: <http://bundesrecht.juris.de/atg/__7.html>, and it is a requirement to the operating company, not to the photographer or the publication medium.
- Who are you, who abetted you to initiate suppressing the image? It shows a pneumatical actuated DR 36 circuit breaker made by http://en.wikipedia.org/wiki/ABB_Group ABB Power Products, with a rated switch-off current 100 kA at 36 kV. Why must Wikipedia visitors not see this circuit breaker?
- It is not visible from the image description that the photographer is an employee of the plant. This is new information to all of us and if you know him you could contact him about this discussion to clear things up. In any case, and this is all what I am critizising, it is not visible from the image description that the photographer has the permission of the owner of the plant (his employer) to publish the picture. If Wikimedia Commons does not care about this permission, see Latebird's remark above, this is completely fine with me and, by all means, keep the image.
- Please refrain from accusations about my person. I am a regular editor to the German Wikipedia and Wikimedia Commons and in no way associated with the NPP or the constructor of the switch. --Quartl (talk) 04:38, 4 August 2009 (UTC)
Keep copyright paranoia --Simonxag (talk) 23:00, 1 August 2009 (UTC)
Kept. Our only concern is about copyright, and as long as the photographer releases the image under a free license, a picture of an utilitarian object is free of copyright restrictions. Whether or not the photographer was authorized to take pictures inside the power plant is not our problem. –Tryphon☂ 08:20, 7 August 2009 (UTC)
