Commons:Deletion requests/Files in Category:L'Eixample (sculpture)

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Files in Category:L'Eixample (sculpture)

In most countries, all paintings, sculpture, architecture, text, and other creative works have copyrights which last for 70 years after the death of the creator. An image of a work that is still under copyright is a derivative work, and infringes on the copyright so that we cannot usually keep the image on Commons. In some countries, there is a special exception to the copyright law which allows such images under certain circumstances. We call that exception freedom of panorama (FOP). Unfortunately there is no applicable FOP exception in Spain. The sculptor, Josep Maria Subirachs, died in 2014. Therefore his works will be under copyright until 2084 and these images cannot be kept on Commons without a free license from his heir. See OTRS for the procedure that the heir must follow.

. Jim . . . . (Jameslwoodward) (talk to me) 12:46, 25 March 2015 (UTC)[reply]

This sculpture is situated in the hall of a metro station in Barcelona, that's a public place, and it's clearly visible from outside the turnstiles. The Freedom of Panorama is not appliable there? --Enfo (talk) 14:57, 25 March 2015 (UTC)[reply]

Keep There IS a FOP exception in Spain - and very wide. Furthermore, this sculpture is in Metro hall, but visible from outside the premises. In fact, some of my photographs were taken using entrance barriers as support for my camera. Therefore, there is no doubt that FOP apply.--Pere prlpz (talk) 21:52, 25 March 2015 (UTC)[reply]

It is true that the Spanish FOP is very broad, including all copyrighted works, even text. However the copyrighted work must be out of doors. Therefore, I think you are both misinterpreting the Spanish law:

"Las obras situadas permanentemente en parques, calles, plazas u otras vías públicas pueden ser reproducidas, distribuidas y comunicadas libremente por medio de pinturas, dibujos, fotografías y procedimientos audiovisuales."

Works permanently located in parks or on streets, squares or other public thoroughfares may be freely reproduced, distributed and communicated by painting, drawing, photography and audiovisual processes.

translator: WIPO

This work is not located in any of the permitted places. Unlike the German law, which governs the location of the photographer, the Spanish law governs the location of the copyrighted work. All of the named places are out of doors. . Jim . . . . (Jameslwoodward) (talk to me) 22:18, 25 March 2015 (UTC)[reply]

You say FoP applies in public thoroughfares. Here you have a dictionary definition of "thoroughfare": A place of passage from one location to another. The underground public places of passage can be considered public thoroughfares. Please also note that the word "outdoors" (al aire libre) is not written at that Spanish law.--Jordiferrer (talk) 14:37, 26 March 2015 (UTC)[reply]

Kept: I looked up the word thoroughfare in my Oxford advanced learners dictionary and the given definition is:

A public road or street, especially a main road in a city or town.

A walking area in the subways wouldn't define as a thoroughfare imho. Yes its public but no you can't call it a public road or street. However, we use the FOP-section at com:FOP as a reference which Jim has pointed out in the past. Com:FOP says:

Works permanently located in parks, streets, squares or other public places may be freely reproduced, distributed and communicated by means of paintings, drawings, photographs and audiovisual processes.

A subway, just like train stations and airports before going to customs often apply as public area's in Europe. Based on our translation of Spanish law I would say that it is okay to host those files. If we want to use a different translation of Spanish law that needs to be discussed at the talk page of the FOP-page. Natuur12 (talk) 17:23, 12 April 2015 (UTC)[reply]

Commons:Deletion requests/Files in Category:L'Eixample (sculpture)

Files in Category:L'Eixample (sculpture)

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