Commons:Deletion requests/Files found with Jokarl Huber

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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.

Files found with Special:Search/Jokarl Huber

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These files shows 1940s and 1950s works by German artist JoKarl Huber inside buildings in Germany (a train station and a church). There is no freedom of panorama inside buildings in Germany. Since Huber died in 1996, these works are still protected by copyright in Germany until the end of 2066, and the files should be deleted. The files can be restored in 2067; US copyrights will have expired by then as well.

Rosenzweig τ 10:41, 24 September 2023 (UTC)[reply]

  1. Freedom of Panorama in Other Countries: While freedom of panorama rights may not be recognized in Germany for capturing images inside buildings, there are other countries where this photo could be legally published under the freedom of panorama principle. Wikimedia Commons is an international platform, and the freedom of panorama law applies in some countries, allowing the publication of images of public buildings.
  2. Educational and Historical Value: It can be argued that the photo has educational and historical value. The image can serve as a source of information about the artistic works of JoKarl Huber and as historical documentation, which is important for art enthusiasts and historians.
  3. Public Domain in the U.S.: Note that the works of JoKarl Huber are not under copyright protection in the United States, so the photo may be legally accessible and published on the Wikimedia Commons platform under U.S. law.
  4. Access to Art and Culture: Wikimedia Commons promotes access to cultural heritage and art for the general public. Preserving this photo allows for the wider dissemination of these artworks to a broader audience, which can have a beneficial impact on education and art understanding.
  5. Fair Use or Fair Dealing: In some jurisdictions, there is a doctrine of "fair use" (in the United States) or "fair dealing" (in some other countries), allowing the use of copyrighted works in certain contexts, such as for educational purposes, criticism, news reporting, etc. It can be argued that this photo meets the fair use or fair dealing criteria.
  6. Cultural Heritage: Artworks with cultural and historical significance should be accessible to society as part of cultural heritage. Preserving these works on the Wikimedia Commons platform can contribute to the preservation and promotion of cultural heritage.

Zwiadowca 21 11:02, 24 September 2023 (UTC)[reply]

@Zwiadowca21: You obviously know very little to nothing about the principles of Wikimedia Commons. We don't allow "fair use" files (Commons:Fair use), and we only allow works that are free in both the US and their source country (Commons:Licensing). These works are also not free in the US because an American law, the URAA, restored their copyright in the US (Commons:URAA-restored copyrights). And "Educational and Historical Value", "Access to Art and Culture" and "Cultural Heritage" are no arguments to keep files which are not ok as far as copyright is concerned. --Rosenzweig τ 11:42, 24 September 2023 (UTC)[reply]
@Zwiadowca21 sorry but the German law must need to be followed, as the artwork depicted is physically located in Germany. U.S. copyright does not matter as by the time it falls public domain in Germany its U.S. copyright has expired. For U.S. copyright, see COM:URAA. JWilz12345 (Talk|Contrib's.) 13:29, 24 September 2023 (UTC)[reply]

Deleted: per nomination. --Christian Ferrer (talk) 09:16, 9 January 2024 (UTC)[reply]

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