Commons:Deletion requests/File:South African 2019 election posters DA and GOOD.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.
No COM:FOP in South Africa. Patrick Rogel (talk) 11:55, 24 March 2019 (UTC)
Keep, This photograph passes as commentary and critical review which is a copyright exception under South Africa's fair dealing regime as outlined in the South African Copyright Act of 1978 (section 12 (b) and (c) sentence 40-45, page 17. Most specifically section 12 (b) which states that "Copyright shall not be infringed..." "for the purposes of criticism or review of that work or of another work;" Fingers crossed this will not be a problem by the end of this year as the current Copyright Amendment Bill before the South African parliament changes the foundation of South African Copyright law from Fair Dealing to Fair Use and also has a Freedom of Panorama clause as well.--Discott (talk) 15:22, 25 March 2019 (UTC)- P.S. In the future please add the appropriate wiki-link (COM:FOP) to the regulation you are quoting. It is a greatly appreciated courtesy that makes the process of discussing the deletion nomination easier for everyone. I am far more involved than most people on copyright related issues and a long time editor and even I need to double check the bureaucratic codes used. Much appreciated and many thanks, --Discott (talk) 15:34, 25 March 2019 (UTC)
- @Discott: Section 12 (b) is about fair use but there's no fair use in Commons. For freedom of panorama I'm refering to Commons:Copyright rules by territory/South Africa#Freedom of panorama. If the law has changed since 1978 please link to the correct text. --Patrick Rogel (talk) 16:29, 25 March 2019 (UTC)
- @Patrick Rogel: , there is currently no such thing as "fair use" in South African Copyright law just as there is no such thing as freedom of panorama, only fair dealing. I am arguing that the pictures are covered by an exception in the fair dealing list of exceptions in South African Copyright law as mentioned in my previous comment. Namely sections 12 (b) and (c) with section b being most applicable.--Discott (talk) 16:50, 25 March 2019 (UTC)
- @Discott: Frankly after reading en:Fair dealing#South Africa:
- Copyright shall not be infringed by any fair dealing with a literary or musical work
- (a) for the purposes of research or private study by, or the personal or private use of, the person using the work;
- (b) for the purposes of criticism or review of that work or of another work; or
- (c) for the purpose of reporting current events
- (i) in a newspaper, magazine or similar periodical; or
- (ii) by means of broadcasting or in a cinematograph film;
- I don't see the connection with Commons since Commons is not a newspaper and these posters are neither literary or musical works. But let's an Administrator decide. --Patrick Rogel (talk) 18:21, 25 March 2019 (UTC)
- I agree, this is a perfect decision for an administrator to make. I would argue though that a poster fits the above description as they are predominantly text and not, necessarily, works of public art which is what Freedom of Panorama typically is designed for. Incidentally enough I had a chance to check this with a copyright lawyer today (I am involved in the effort to change the South African Copyright Act to allow for Freedom of Panorama and Fair Use) and he (Sean Flynn of American University) pointed out that the photograph of election posters should be covered by this exception.--Discott (talk) 18:34, 25 March 2019 (UTC)
- It occurred to me as I was writing my previous comment that the exception might only cover the work(s) in question in the context of the article (South African 2019 general elections) that are used in. In which case they should rather live on Wikipedia and not Commons. Which I suppose is your point(?). Well lets see what an admin has to say about it and move on from there. --Discott (talk) 18:40, 25 March 2019 (UTC)
- I agree, this is a perfect decision for an administrator to make. I would argue though that a poster fits the above description as they are predominantly text and not, necessarily, works of public art which is what Freedom of Panorama typically is designed for. Incidentally enough I had a chance to check this with a copyright lawyer today (I am involved in the effort to change the South African Copyright Act to allow for Freedom of Panorama and Fair Use) and he (Sean Flynn of American University) pointed out that the photograph of election posters should be covered by this exception.--Discott (talk) 18:34, 25 March 2019 (UTC)
- @Patrick Rogel: , there is currently no such thing as "fair use" in South African Copyright law just as there is no such thing as freedom of panorama, only fair dealing. I am arguing that the pictures are covered by an exception in the fair dealing list of exceptions in South African Copyright law as mentioned in my previous comment. Namely sections 12 (b) and (c) with section b being most applicable.--Discott (talk) 16:50, 25 March 2019 (UTC)
Deleted: per nomination. --Well-Informed Optimist (talk) 13:16, 13 May 2019 (UTC)
