Commons:Deletion requests/Files in Category:Art works by Jimmy Liao

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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:Art works by Jimmy Liao

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These photos show non-incidental inclusions of artworks by w:en:Jimmy Liao, who is still alive. But there is no commercial freedom of panorama in Taiwan. A commercial license permit from him is required.

JWilz12345 (Talk|Contrib's.) 12:30, 29 January 2023 (UTC)[reply]

May I know why aren't File:新竹市晶品城幾米廣場1.jpg and File:新竹市晶品城幾米廣場2.jpg "向公眾開放之戶外場所長期展示之美術著作" since they are located at the outdoor plaza of J.Piin Mall? I assume that J.Piin Mall has already paid money to Jimmy Liao for this public art work.克勞棣 (talk) 13:58, 29 January 2023 (UTC)[reply]
@克勞棣: if the copyright law of Taiwan does not indicate public indoors, then the situation is the same: artworks indoors cannot be exploited freely. Copyright laws operate on "what is not written in the law is forbidden" principle. If the law prohibits commercial FOP for public art outdoors, more so the public art indoors are not OK for commercial use because indoor works are not mentioned in the law.
Assuming that your assumption is true, that does not mean the work can be freely exploited by anyone. Perhaps there has been an agreement that the mall can freely use the work, but this means the artist only gave exclusive commercial license to the mall allowing them to make profit over his work, and the mall has no right to further give away that license to others. For all peoples around the world to freely "consume" this public art, they must obtain license from the artist first.
Another situation may be that artist already transferred his copyright or economic rights to the mall via a written agreement. But that only transfers copyright and does not magically remove it. Assuming this second case is true, then licensing permission from the mall is required.
In both cases, Wikimedians who took photos of these works or imported Flickr photos of such need to contact the copyright holder (whether the artist or the mall, in first or second cases respectively) via COM:VRTS correspondence to secure commercial license authorizations. JWilz12345 (Talk|Contrib's.) 14:21, 29 January 2023 (UTC)[reply]
But the outdoor situation is not the same to the indoor situation. It is "written in the law":
COPYRIGHT ACT
Article 58
Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:
1.Reproduction of a building by construction of another building.
2.Reproduction of a work of sculpture by production of another sculpture.
3.Reproduction for the purpose of long-term public display in locales specified in this article.
4.Reproduction of artistic works solely for the purpose of selling copies.
The plaza is indeed outdoor and open to the public.克勞棣 (talk) 15:50, 29 January 2023 (UTC)[reply]
@克勞棣: it does not matter if it is open to the public. What matters is the fourth restriction for non-architectural works: "4. Reproduction of artistic works solely for the purpose of selling copies." This restriction makes Taiwanese FOP for non-architecture incompatible for Commons. JWilz12345 (Talk|Contrib's.) 16:39, 29 January 2023 (UTC)[reply]
@JWilz12345: But what did I sell? If I sell something, I should get money or other valuable things for exchange. But I earned nothing.克勞棣 (talk) 17:12, 31 January 2023 (UTC)[reply]
@克勞棣: kindly read COM:Licensing. Commons only allows free licenses that do not restrict commercial reuses, like CC Attribution and CC Share-Alike, or both. Non-commercial licensing is not allowed. What matters is that files must be freely reusable by anyone in the world, something that is being restricted by copyright laws of several countries like Taiwan with regards to public space works still under sculptors' copyrights. JWilz12345 (Talk|Contrib's.) 17:57, 31 January 2023 (UTC)[reply]
 Neutral At the moment, due to zh:Wikipedia:互助客栈/其他#有关维基共享资源台湾全景自由问题一事. Liuxinyu970226 (talk) 04:11, 19 February 2023 (UTC)[reply]
 Info see my input here, regarding TIPO's reaffirming of their restrictive stance on Taiwanese FOP. @克勞棣: , FYI. JWilz12345 (Talk|Contrib's.) 05:02, 19 March 2023 (UTC)[reply]

Deleted: per nomination. ✗plicit 03:59, 26 April 2023 (UTC)[reply]

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