Commons:Deletion requests/File:Peter Mahringer - 20030227.jpg
Also:
Privacy violation. Photo was taken in private environment without consent for publication from one of the persons on the photo. See OTRS ticket #2020012110005817 Mussklprozz (talk) 20:45, 21 January 2020 (UTC)
I have added File:Elisabeth and Peter Mahringer - 20030227.jpg to this DR. File:Elisabeth and Peter Mahringer - 20030227.jpg is identical to the first version of File:Peter Mahringer - 20030227.jpg. This is effectively merging this DR with Commons:Deletion requests/File:Elisabeth and Peter Mahringer - 20030227.jpg, which has an identical rationale to this DR and no responses. Brianjd (talk) 11:39, 20 June 2020 (UTC)
These comments were made before File:Elisabeth and Peter Mahringer - 20030227.jpg was added to this DR, but some comments apply to both files
Keep Take it easy please, Peter Mahringer died 17 years ago! SV1XV (talk) 10:07, 14 June 2020 (UTC)- The request comes from his family, and there is a second person on the photograph. Besides, the right of privacy does not expire with a person's death. --Mussklprozz (talk) 11:51, 14 June 2020 (UTC)
- There is no second person on this specific photograph. I believe this deleteion request sets a bad precedent on Wikimedia projects and must be rejected. SV1XV (talk) 12:56, 14 June 2020 (UTC)
- There is still this version in the file history. Besides, when publishing a photo of a dead person, his relatives have to be asked. See [1] about the legal situation. --Mussklprozz --Mussklprozz (talk) 14:00, 14 June 2020 (UTC)
- The "other version" is ittelevant" in this DR. It seems that this DR has been dragging on without comments for six months now. I hope that the admins of the site and the Wikimedia legal department close it ASAP one way or the other, preferably with a "keep" deciision. SV1XV (talk) 14:23, 14 June 2020 (UTC)
Comment I can't see the ticket (perhaps it's in a queue I've got no permission).If we hide the historial of the file and keep only the last file, could be an acceptable solution? --Ganímedes (talk) 16:54, 14 June 2020 (UTC)- Comment I have several different comments here:
- The first revision of this file appears identical to File:Elisabeth and Peter Mahringer - 20030227.jpg, which has its own DR. Should the DRs be merged? [update: it is bit-for-bit identical]
- Both files are old (uploaded 2011). That means we should lean towards keep, unless we have a very good reason to delete. (But it sounds like we might actually have a very good reason here.)
- In my opinion, the right of privacy should expire with a person’s death. A request from the family should be taken into account, but not automatically honoured. As for legal implications, does anyone have an English source?
- Is there any specific reason to keep either file? I note that they are the only files in Category:Peter Mahringer – that’s a start.
- I also note that neither file is in use and that the dewiki article has no images. Brianjd (talk) 12:01, 15 June 2020 (UTC)
- It *was* used on the dewiki article.[2] However it looks like it was replaced with another image, which was quickly deleted due to lack of permission, and this photo was not restored on the article afterwards. Carl Lindberg (talk) 03:48, 16 June 2020 (UTC)
- Hrrrm. Would seem that it was not taken in a public place. However, I'm not sure the right to privacy extends beyond death, unless there are other human rights of their family at issue (for example, death scene or autopsy photos are likely to still need permission, I think). The linked rationale on the legal situation was about a portrait right, and needing permission from family members. However that right expires 10 years after the person's death, and that has passed. Secondly there are some exceptions to even that right -- those may only apply to commissioned portraits. Other photos like this may need a weighing factor on the greater interest. For the other DR, his widow was still alive in at least 2012 so that would still be under the 10-year period, if that applies, and may also be a privacy issue, depending on where this was taken. But don't think that applies to this crop. Carl Lindberg (talk) 03:48, 16 June 2020 (UTC)
- Thanks for all the comments! According to German law, right of privacy extends to 10 years after death and can be claimed by the descendants of the dead person. Mahringer died 17 years ago, hence at the time the picture was uploaded, in 2011, the right of privacy was violated. Whether the woman on the picture is dead or when she died is not known, so at least the old version in the history should be deleted, even the more since she is not a person of public interest. File:Elisabeth and Peter Mahringer - 20030227.jpg should be deleted for the same reason. Yes, it is a good idea to merge both requests, I appreciate if someone can do that, myself not knowing how it is done technically. --Mussklprozz (talk) 06:37, 16 June 2020 (UTC)
- If the right expires, it expires -- it doesn't "attach" itself to the photo and last forever because it was uploaded earlier. Also, it's a portrait right, part of their old copyright law which has never been repealed -- completely different than privacy; it's an additional right really. It just seems that both rights no longer apply, that's all. Carl Lindberg (talk) 08:51, 16 June 2020 (UTC)
These comments were made after File:Elisabeth and Peter Mahringer - 20030227.jpg was added to this DR
- Please distiguish carefully between the two pictures. The woman shown in File:Elisabeth and Peter Mahringer - 20030227.jpg is definitely a private person, and it is not even clear whether she is still alive. --Mussklprozz (talk) 08:56, 22 June 2020 (UTC)
Kept: Per discussion: File:Elisabeth and Peter Mahringer - 20030227.jpg deleted and the first file revision of this image due to personlity rights of the wife. The man itself died 17 years ago. --Raymond 09:42, 22 June 2020 (UTC)
the request comes from his family the picture was not taken in a public place the picture shows another picture in the backyard of an artist without consent of the artist the right of privacy does not expire with a person's death 81.223.91.218 13:50, 21 July 2021 (UTC)
- Keep All these issues were already discussed. The painting in the background is de minimis. The right of privacy and the wishes of the family are not related to copyright. SV1XV (talk) 06:27, 22 July 2021 (UTC)
Kept: no new arguments wrt to previous deletion request, which was closed keeping the image. --Ellywa (talk) 17:23, 12 February 2022 (UTC)
