Commons:Deletion requests/Files in Category:Adidas Teamgeist

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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 in Category:Adidas Teamgeist

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Whilst the balls are utilitarian objects, the designs on the ball are copyrightable, and these files should be deleted as being derivatives of copyrightable works.

russavia (talk) 16:56, 3 January 2014 (UTC)[reply]

Doesn't Ets-Hokin v. Skyy Spirits, Inc. apply in this case as well? Meaning: The logos etc. on the balls are protected, but the balls themselves as "underlying works", being "everyday, functional, noncopyrightable objects", are not, and as long as the photograph is of the whole ball and not of the logo only, that photograph is not a derivative of the protected logo. See Commons:Deletion requests/Files in Category:Whisky bottles. So I say  Keep. --Rosenzweig τ 13:02, 6 January 2014 (UTC)[reply]
  •  Delete I don't agree that the Skyy Spirits case is a good case, the logos and designs on these balls are more than DM and need to have fair use rationales for use, that means they need to be on projects that alow for Fair use and not here. LGA talkedits 10:09, 9 January 2014 (UTC)[reply]

 Comment The Ets-Hokin decision was not about de minimis. Even if the designs etc. on the ball themselves are copyrightable, it does not matter as long as the photo is of the entire ball, which in itself is not copyrightable. --Rosenzweig τ 11:39, 9 January 2014 (UTC)[reply]

 Question Is the geometrical form pictured on the ball original again to gain legal protection? If yes the pictures should be deleted. If not, there's no reason to delete. Before opening such DRs one should be sure with no doubt that design are beyond the threshold of originality. -- SERGIO (aka the Blackcat) 12:43, 9 January 2014 (UTC)[reply]

Adidas is a German company, don't know where the balls are produced. But US law is relevant for Commons per the Copyright rules. --Rosenzweig τ 19:31, 2 February 2014 (UTC)[reply]
Yes, of course but also the law of the country where the pictures are taken and maybe where the company is located and where the balls are produced. Natuur12 (talk) 19:48, 2 February 2014 (UTC)[reply]
That'd most likely be Germany, and I don't think those balls would be protected by copyright (trademarks are a different matter of course) under German law. To be certain, you'd need a court decision. --Rosenzweig τ 21:16, 2 February 2014 (UTC)[reply]

Kept: The only copyrightable part I see on most balls is the logo with the smiling faces, which is depicted so small and totally not prominent, that de minimis applies. Jcb (talk) 20:52, 10 February 2014 (UTC)[reply]

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