Commons:Deletion requests/File:Minha Criança Trans.png

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File:Minha Criança Trans.png

[edit]

Per Commons:Undeletion_requests#File:Minha_Criança_Trans.png_and_File:Thamirys_Nunes_com_bandeira_Minha_Criança_Trans.jpg, there is debate whether the heart logo is within Commons:TOO Brazil. The Squirrel Conspiracy (talk) 03:30, 30 December 2024 (UTC)[reply]

 Comment I've created File:Minha Criança Trans (text only).png in case this file is deleted. If this file is kept, that file can be deleted. The Squirrel Conspiracy (talk) 03:35, 30 December 2024 (UTC)[reply]
 Pinging original participants @Skyshifter, RodRabelo7, Abzeronow, DarwIn, and Mdaniels5757: The Squirrel Conspiracy (talk) 03:37, 30 December 2024 (UTC)[reply]
No problem with the hearth and the lettering, but the human stylization seems very original (it's also in prominent display at the association flag), which, from what I know about the way COM:TOO Brazil works, would not be allowed there on court. I recall the new logo of... - I think it's the Supreme Court of Brazil itself - on the documentation says, for instance, that the originality of the combined set of colours used there is protected by copyright itself, and apparently was produced that way, with such specific colours, just for that, along with the original drawing. On this case it's just the human stylization, but for me that's enough to vote  Delete unless it is demonstrated that the drawing was copied from some free source or at least very closely based on it. Darwin Ahoy! 03:51, 30 December 2024 (UTC)[reply]
@DarwIn I think something was cut off in your second sentence. Also, where did the Supreme Court of Brazil say these things? I didn't see anything like that on the COM:TOO Brazil page... —‍Mdaniels5757 (talk • contribs) 04:22, 30 December 2024 (UTC)[reply]
@Mdaniels5757 The "..." were because I was unsure about the specific logo, but it's the new one of the STJ indeed. You can read the manual here. The interesting bit is in page 5, where an entire case is made for to establish the creativity of what could otherwise be seen as simple geometrical shapes and simple colours, certainly for the purpose of using it on court, if needed. I've not added it to COM:TOO Brazil because it's not directly related to it, it's just an example of what is considered creative works by a Brazilian institution, the Supreme Court of Justice in this case. On the other hand, if you read the cases that were added there, you'll notice that even if in Brazil there is significant liberty when you are simply reproducing something else that already exists and is free to use, if a case can be made for the work being the product of a process of creativity the chances get high that you could be successfully sued. In this specific case I do see significant creativity on the human figure, so my opinion is that it should be deleted from Commons, unless a valid license is provided for it. Darwin Ahoy! 04:45, 30 December 2024 (UTC)[reply]
  •  Keep. On the US side, I think this is below COM:TOO US. The choice of colors is derivative, not original: they are the Transgender pride colors. The closest thing on COM:TOO US is the Nikken logo, and I think that is quite similar to this in terms of creativity. This symbol is the figure of 1 person, overlayed on a heart. In Nikken: "the combination of relatively few elements -- a square and a minor variation of a common symbol for man -- does not rise to the level of copyrightable authorship required" by US law. In another decision, the copyright office remarked that the "heart shape... [is a] common and familiar shape[], in the public domain".
With the STJ logo, I think that would likely be copyrightable under US law: the closest comparison on COM:TOO US is probably the American Airlines logo, which is copyrightable. The familiarity of the shapes being arranged is a factor, and the shapes of a human and a heart seem likely to be viewed as much more familiar than the an angled, curved aircraft tail with an element "evoking the head of an eagle" in the American Airlines case, or the abstract rounded shapes (including multiple translucent shapes) in the STJ logo. So I don't think the STJ's remarks about its logo are a basis for thinking that Brazil's threshold of originality has dropped from "considerably higher than the United States" (COM:TOO Brazil), to below it.
To me, since the logo is below COM:TOO US, and since there is no reason to think that COM:TOO Brazil has dropped from "considerably higher than the United States" to below the US's, this strongly points against the logo being above the Brazilian threshold. —‍Mdaniels5757 (talk • contribs) 05:29, 30 December 2024 (UTC)[reply]
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