Commons:Deletion requests/Files in Category:Fleischer and Famous Studios Superman images

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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:Fleischer and Famous Studios Superman images

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These are images of Superman (or Lois Lane) which are taken from a film that is now in the public domain. There are at least two copyrights that are important here: (1) the copyright of the film, a derivative work, and (2) the copyright of Superman and Lois Lane. To create the film, the producers had to purchase rights from the copyright holder to use the Superman characters in their derivative work. Although the film (1) is public domain, the licensed rights are not. As the rights holder to (2) has not released their rights under a free license, and WikiMedia has not purchased these rights, we can not distribute the film (or at least the parts of the film that are directly based on the rights the producers were licensed to use).

See Commons:Deletion requests/Image:Donaldduck-thespiritof43-2.jpg for a similar deletion discussion, and also see w:en:It's_a_Wonderful_Life#Ancillary_rights. At least one of these images was not deleted in a previous discussion here, but I believe they should be deleted in this discussion.

Odie5533 (talk) 19:43, 13 January 2013 (UTC)[reply]

  •  Comment Results from searching the Library of Congress's catalog of copyright renewals: Third Series: 1966: Title Index: page 1456 has "Superman. SIEGEL, JEROME (R)." I used Google Books and scrolled down to the Jan to June S-entries. This is 28 years after the first appearance in Action Comics June 1938. According to wikimedia's Commons:Hirtle chart, for "Works Registered or First Published in the U.S." if the date of publication is "1923 through 1963" and "Published with notice and the copyright was renewed" then the copyright term is "95 years after publication date", or until 1st January 2034 in this case. The 1938 index contained no entries for "Action comics", "Clark Kent", or "Lois Lane". A similar search in "Catalog of Copyright Entries. Third Series: 1966: January-June", Books and Pamphlets section (see page 1194), and in "Catalog of Copyright Entries. Third Series: 1967: January-June" (pages 1200 to 1201) finds more details of Superman registrations by Shuster and Siegel, naming Action Comics and long lists of dates from 1938 to 1940. -84user (talk) 11:57, 14 January 2013 (UTC)[reply]
Impressive research! I don't know much about copyright catalog research, but does it give any details on what exactly was copyrighted? "Superman" probably refers to the Superman comics, which include Lois Lane, Clark Kent, and Action Comics. Given that Superman was already exceedingly popular by 1967, I would assume the copyright holders took every necessary step to renew the copyrights on the comic series. And provided the original publication of the character(s) had copyright notices, they would all still be copyright. --Odie5533 (talk) 08:16, 4 February 2013 (UTC)[reply]
  •  Comment Entonces ¿se deberían borrar las fotografías de publicidad que están en dominio público como esta [[[1]]? Aunque los personajes podrían no estar en dominio público la fotografía lo está. ¿Las imágenes tomadas de algún trailer en dominio público no pueden ser tomadas porque la película original no lo está como esta [[2]]? (ver permisos).--Inri (talk) 16:17, 18 January 2013 (UTC)[reply]
    Yes, that first image should probably be removed. There are two copyrights here: (1) that of the photograph and (2) that of the characters. Although the photograph is not copyright, the rights holders still hold the copyright to the characters depicted in the image. As they have not granted us a license to use their characters, we can't distribute depictions of the characters. As soon as the characters are not copyright, the photograph will be free of any copyright because the photo's copyright is already lost. The converse of this is, imagine the Superman rights holders published a comic (as they do each month) in December 2033. The next month, January 2034, the copyright to Superman will enter the public domain. But that comic they just published will not be public domain until the year 2129, because the comic still has a copyright even though it is derived from Superman which is now, in the year 2034, public domain. --Odie5533 (talk) 08:16, 4 February 2013 (UTC)[reply]
  • Keep: Estoy totalmente de acuerdo con Inri, además establezco que no se pueden interpretar las normass de wikipdeia de forma tan restringida, en el caso de los trailers, existe un ley especial que los pasa a dominio público de forma automática, en caso de los cortos de superman, queda claro que están también en dominio público (salvo el logo de la paramount) independientemente sobre los personajes que aparezacan, tendriamos que borrar (poster del mago de oz) está imagen porque algunos de sus personajes tienen copyright si tuvieramos que hacer la interprertación de este usuario [OF OZ ORIGINAL POSTER 1939.jpg]. Saludos. --Lizerlig (talk) 16:44, 25 January 2013 (UTC)[reply]
    The trailers are an interesting loophole in a way because their public domain status relies on the fact that they were published before the movies themselves. This is not the case for these images. If the trailers had been released after the film was released, they would be considered a derivative work of the film and be copyright. --Odie5533 (talk) 08:16, 4 February 2013 (UTC)[reply]

Deleted: Looks like the copyright of these images was renewed :/ FASTILY (TALK) 00:48, 30 March 2013 (UTC)[reply]

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