Commons:Deletion requests/File:Raquel Oliveira @ Festival Flamenco Lisboa 03.jpg
because it is a copyrighted photography with personality rights Raquel Oliveira (talk) 19:05, 27 January 2011 (UTC)
Keep File was licensed with a free license at the time of the upload, so this file is copyrighted but with a free license. Also this photo as taken, as can be seen in the description "Portuguese dancer who performed in the first part of the concert by Jeronimo Maya, guitarist, at the Aula Magna, June 19.", so this photo was taken in a concert in a (very) public space where there isnt much expectation of privacy because according to the portuguese law, in paragraph 2 of the article 79 of the portuguese civil code, makes several exceptions to the image rights.
A rough translation:
"Its not necessary the consent of the person portrayed when so justify by their notoriety, his job, requirements of police or justice, scientific, educational or cultural purposes, or when the reproduction of the image comes framed in public places, or the facts of public interest or that has occurred publicly."
So this image is fine for several reasons:
1- Was taken in a public event in a 1st part of a concert on one of the greatest cocert halls in Portugal, made covered by the Portuguese photopress.
2- Its a notorious person.
3- The person portrayed is, dancing, so acting on its most notorious job.
3- Its framed in a public place and in a event that has occurred publicly.
4- Its a fact of the public interest.
So i ask the deletion requester to expand on its reasoning to want this image deleted. Tm (talk) 12:40, 28 January 2011 (UTC)
DELETE Personality rights is a common or casual reference to the proper term of art "Right of Publicity". The Right of Publicity can be defined simply as the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of one's identity. Personality rights are generally considered to consist of two types of rights: the right to publicity, or to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. A commonly cited justification for this doctrine, from a policy standpoint, is the notion of natural rights and the idea that every individual should have a right to control how, if at all, his or her "persona" is commercialized by third parties. Usually, the motivation to engage in such commercialization is to help propel sales or visibility for a product or service, which usually amounts to some form of commercial speech (which in turn receives the lowest level of judicial scrutiny).
personality rights 79.168.8.197 09:47, 3 February 2011 (UTC)
personality rights, the photograph was obtained ilegally 79.168.8.173 23:36, 4 February 2011 (UTC) The Auditorium whilst being a "public place" was subject to restrictions because the public was forbidden from photographing or filming.
personality rights 79.168.5.234 09:34, 5 February 2011 (UTC) The photographs were ilegally obtained.The Auditorium were they were taken, whilst being a "public place", was subject to restrictions because the public was forbidden from photographing or filming. And if the photographer hadn't placed without consent the photographs on Flickr, these would not have been online with the possibility of being copied. These photographs were placed online without the proper authorization. It was never given verbal or written authorization to the organization of Flamenco Festival of Lisbon or to the photographer to use the images, outside the scope of the Festival and beyond the dates of the Flamenco Festival 2009
Kept. Image is legal and free, already marked with {{Personality rights}}. A public place restricting photography, even forbidding photography, doesn't prevent images from being taken and uploaded under a free license. Bidgee (talk) 10:09, 5 February 2011 (UTC)
