Commons:Deletion requests/File:Shooting 'Film Ghetto Theresienstadt'.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.

The copyright tag is dubious. First of all, although the film was filmed in 1942, according to Margry, Karel (August 1999). "The First Theresienstadt Film (1942)". Historical Journal of Film, Radio and Television. 19 (3): 309–337.; none of the footage was rediscovered before the 1990s and therefore it cannot have been made "available to the public". Also, both Germany and the Czech Republic are in the EU, so wouldn't the tag be incorrect anyway? This could probably be claimed as fair use on most of the places where it is used, but is not PD. Catrìona (talk) 23:16, 30 October 2018 (UTC)[reply]

  •  Keep. I provided the Margry source because he was the first one to identify correctly the image, but his 1999 article has been made obsolete by more recent works. Lutz Becker claims the film was completed and screened in Prag (Holocaust and the Moving Image: Representations in Film and Television Since 1933, p. 95) ; Murmelstein says the film was used in German propaganda shorts during the war (Terezin. Il ghetto modello di Eichmann, p. 35) and Peter A. Schauer says he saw the film in the late 1940s [1]. Not to mention Drubek who claims it was included in the 1945 "second film" [2]. — Racconish💬 13:49, 31 October 2018 (UTC)[reply]
  • @Racconish: Well, the USHMM hosts two clips of the 1942 clips[3][4] and marks both as copyright. It also considers the 1944 film to be copyrighted:[5][6][7][8] This is probably because most of the footage has only one copy, and copyright law holds that the person who acquires the only remaining copy of a copyrighted work also inherits the copyright. Both films were screened privately, but it would be a stretch to call that "releasing to the public". According to some of the sources, some clips were used in newsreels, but is there any evidence that this image in particular was used in any such newsreel? Catrìona (talk) 19:39, 31 October 2018 (UTC)[reply]
    My comments above were just an attempt to explain the 1942 film was indeed screened during the war. I think you are making a confusion between surviving fragments of the film, such as the cabaret scene, and the image we are discussing, which is a still [9], a photo of the shooting, which also exists in a derivative version, a photogram of the film. It is not known who took this picture, not even if it was a prisoner or a soldier, but it is known there is a photogram of it in a surviving fragment of the film, which implies it was published during the war under this form. As a side note, I don't think your theory that "copyright law holds that the person who acquires the only remaining copy of a copyrighted work also inherits the copyright" is valid and there is more than one surviving set of fragments of this film. — Racconish💬 20:19, 31 October 2018 (UTC)[reply]
  •  Keep as per Racconish. Yann (talk) 07:20, 18 December 2018 (UTC)[reply]

Kept: as per Racconish. --Yann (talk) 07:21, 18 December 2018 (UTC)[reply]