Commons:Deletion requests/File:Mount Takao Tokyo Metropolis Wikivoyage banner.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:Mount Takao Tokyo Metropolis Wikivoyage banner.jpg

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This file was initially tagged by A1Cafel as Copyvio (copyvio) and the most recent rationale was: Commons:Deletion requests/Files in Category:Takaosan Yakuouin Ikan Kekek (talk) 08:21, 5 July 2021 (UTC)[reply]

  •  Comment I am challenging this speedy delete nomination because I would like to know how old this shrine is and understand what the rationale really is for deletion. The claim is copyright violation, but the claim at Commons:Deletion requests/Files in Category:Takaosan Yakuouin was "No FoP in Japan for statues.", and I would call the portion of the statue in this pagebanner incidental, considering its size on the page. How old is the statue, anyway?
I'd also like to strongly object to nominating any Wikivoyage pagebanner for speedy deletion. Give us time to make a decision about what to do, as we have exception (fair use) rules that you do not have on Commons, where the image is the only thing, by contrast with text-heavy Wikivoyage pages that use some illustrative images to inform travelers about a place they are thinking or planning to visit. -- Ikan Kekek (talk) 08:27, 5 July 2021 (UTC)[reply]
 Comment: We don't know how old it is and it really depends. I also strongly agree with Ikan here SHB2000 (talk) 08:36, 5 July 2021 (UTC)[reply]
I see that the link to the deletion nominations which included the photo this pagebanner was extracted from states that "These en:Tengu statues in ja:高尾山 (en:Mount Takao), named "大小天狗像" or "大天狗・小天狗像", was erected in 平成17年 (= 2005)". But I maintain that this pagebanner is not about the statue. -- Ikan Kekek (talk) 08:39, 5 July 2021 (UTC)[reply]
I've let the Japanese Wikivoyage also know about this. SHB2000 (talk) 08:41, 5 July 2021 (UTC)[reply]
 Comment I came from the Japanese Wikivoyage. The statue must indeed be a Tengu. I verified the fact by searching on Google with the keywords "Mt. Takao" and "Tengu". The wing on the back of those photos matches the object on the left side of the commons photo.
I also think the Tengu statue was made in 2005. The official website of Mt. Takao Yakuoin says "The year 2005 is the 1,200th anniversary of Kobo-Daishi's visit to Tang Dynasty China, so the Tengu statue was created to commemorate the occasion.". --Tmv (talk) 09:59, 5 July 2021 (UTC)[reply]
 Comment Article 46 of the Japanese Copyright Law states the following:
Article 46　It is permissible to exploit an artistic work the original copy of which is permanently installed in an outdoor location as provided for in paragraph (2) of the preceding Article or an architectural work, in any way whatsoever except the following:
  • (i)　producing additional copies of a sculpture or offering such additional copies of the sculpture to the public by transferring them;
  • (ii)　reproducing an architectural work by means of construction, or offering copies of an architectural work so reproduced to the public by transferring them;
  • (iii)　reproducing a work in order to permanently install it in an outdoor location as provided for in paragraph (2) of the preceding Article;
  • (iv)　reproducing an artistic work for the purpose of selling copies of it, or selling such copies.
(Translation is taken from [1].)
The photo isn't intended for sale, so I don't think this photo is a copyright violation in Japan. --Tmv (talk) 11:00, 5 July 2021 (UTC)[reply]
@Liuxinyu970226: Are you talking about Commons:Deletion requests/Files in Category:Takaosan Yakuouin? I did not wrong in that DR. Please do not slander me without evidence. --Yuraily Lic (talk) 13:54, 5 July 2021 (UTC)[reply]
Liuxinyu970226, if you think Commons:Deletion requests/Files in Category:Takaosan Yakuouin is wrong, please submit Commons:Undeletion requests and state your opinion there. --Yuraily Lic (talk) 14:26, 5 July 2021 (UTC)[reply]
@Yuraily Lic: I'm not asking if your former DR is wrong, but rather if your former rationale can be simply applied to this particular case or not. --Liuxinyu970226 (talk) 00:04, 6 July 2021 (UTC)[reply]
 Keep I don't think there is any copyright issue. --Tmv (talk) 08:31, 7 July 2021 (UTC)[reply]
 Keep Per Tmv, utilitarian stuffs don't join Japanese copyright protections. --Liuxinyu970226 (talk) 01:38, 9 July 2021 (UTC)[reply]

Kept: the tengu statue seems to be cropped enough to avoid copyright issue. --Yasu (talk) 15:28, 7 August 2021 (UTC)[reply]

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