Commons:Deletion requests/Files in Category:Cambridge Theatre, London

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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:Cambridge Theatre, London

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COM:DW of either posters/artwork or in one case the set.

LGA talkedits 23:17, 29 November 2013 (UTC)[reply]

Object to all. These are photo's of theatres. Theatres always have production in them therefore it is impossible to take photos of them without signage or promotion in them. This effects a wide range of articles, and would mean virtually all in Category:Broadway theatre buildings would have to be deleted as promotion. Blethering Scot (talk) 23:40, 29 November 2013 (UTC)[reply]
These theatre related deletion request should be considered along with Commons:Deletion requests/Files uploaded by Blethering Scot. The majority bar two are the same issue.Blethering Scot (talk) 23:42, 29 November 2013 (UTC)[reply]
The images should be uploaded to a project that allows for a claim of fair use on the elements that are copyrighted. LGA talkedits 00:05, 30 November 2013 (UTC)[reply]
Can't see en:wiki being happy about uploading images of theatres which are free to them because part of the image would be covered by fair use because of the very small production element. Seems farcical to me. Also if you consider all images of one theatre I.e the Cambridge to be like this please nominate every theatre so a proper discussion can be held.
enwp has lots of images that are part free and part not free and have FUR's for the non-free elements; some images (but none in this group) may be totally free in the US due to different levels of COM:TOO that apply in the US to the rest of the world and can be freely hosted at enwp as {{PD-ineligible-USonly}}. LGA talkedits 00:28, 30 November 2013 (UTC)[reply]
Disagree entirely with you. These are historical buildings that are freely available. I think relevant projects should be notified as this has a massive effect that has not been applied in the past. Blethering Scot (talk) 10:59, 30 November 2013 (UTC)[reply]
Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film or broadcast.
Thus, we come to the question whether the inclusion of the posters is accidental. If we turn to case law, Football Association Premier League Ltd and others v Panini UK Ltd could be of interest where in the sections 26 and 27 it is accepted that there is no necessary dichotomy between "integral" and "incidental". A test is then proposed (consider work 'A' the poster, and work 'B' the photograph):
That, as it seems to me, turns on the question: why – having regard to the circumstances in which work 'B' was created – has work 'A' been included in work 'B'? And, in addressing that question, I can see no reason why, if the circumstances so require, consideration should not be given as well to the commercial reason why work 'A' has been included in work 'B' as to any aesthetic reason.
In summary, the depicted posters are an essential element of the photographs, they add to the aestetics of the pictures, and add to their authenticity. Even if it happens to be incidental which poster is actually showed on display, its inclusion does not appear to be incidental on these photographs. --AFBorchert (talk) 17:23, 30 November 2013 (UTC)[reply]
Wait. There eithier incidental or they aren't. Im maybe not following but that last part seems to contradict to me.Blethering Scot (talk) 02:44, 1 December 2013 (UTC)[reply]
You can assume that the photographer chose to photograph this building with the poster in it as important part of its composition. However, it is unlikely that the photographer was waiting for a particular poster to be shown. Through the range of these photographs you will find different posters on display like, for example, that for Razzle Dazzle, Matilda, or Jerry Springer. In other words: the inclusion of a poster is not incidental even if it appears to be incidental which actual poster is to be seen. But in regard to copyright we leave the domain of de minimis if an element is a significant element of the composition that strongly adds to its aesthetics and makes it more authentic. The cited decision points into this direction. --AFBorchert (talk) 07:36, 1 December 2013 (UTC)[reply]
I kind of foliow the incidental part, but are you saying its not de minimis, which means its not allowed. Because i don't have a proper crasp of it i would of said it was reading that page, however you clearly understand it fully and i don't.Blethering Scot (talk) 18:09, 1 December 2013 (UTC)[reply]
LOL! You may have meant the "set" of images....not a set designed by an artist.--Amadscientist (talk) 06:25, 7 December 2013 (UTC)[reply]
If deleted is there an automated process to move files currently in use to en:wiki with fair use licence. Blethering Scot (talk) 02:44, 1 December 2013 (UTC)[reply]
No. To be kept under fair-use under en-wp, each of them needs an individual fair-use rationale. This cannot be automated. Everyone is free right now to move used photographs to en-wp and to create a fair-use rationale for it. --AFBorchert (talk) 07:36, 1 December 2013 (UTC)[reply]
At present you could only do that as a separate file name. My issue is more under what fair use rationale would a building apply to as fair use rationales are complicated as it is. Do you happen to have any examples so i can see an example of one in use.Blethering Scot (talk) 18:09, 1 December 2013 (UTC)[reply]

Deleted: It is unfortunate, but true, that is is very difficult to photograph some buildings because they almost always have copyrighted billboards on them. The only solution is to pick a time when the theatre is not active, or, as suggested here, move these to WP:EN as fair use, with an appropriate rationale. .     Jim . . . . (Jameslwoodward) (talk to me) 23:59, 7 December 2013 (UTC)[reply]

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