Commons:Deletion requests/Files in Category:Most-wanted Iraqi playing cards

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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:Most-wanted Iraqi playing cards

[edit]

There is no evidence that any of the photographs on these cards were taken by US government employees. For example, File:Khamis Sirhan al-Muhammad.jpg states this was taken either before or after his capture; it doesn't make sense. That the US government has used these images, does not detract from the possibility that the underlying works are copyrighted by third non-US government sources.

russavia (talk) 05:02, 19 April 2013 (UTC)[reply]

If these photos are not made by US guys (of course they are not made by them, you do not need to be an expert to understand that), then the only interesting question is if they were made before 1999 or not. All Iraqi photos before 1999 are public domain now. --Roxanna (talk) 16:21, 19 April 2013 (UTC)[reply]


Public domain
This work was first published in Iraq and is now in the public domain because its copyright protection has expired by virtue of the Law No. 3 of 1971 on Copyright, amended 2004 by Order No. 83, Amendment to the Copyright Law (details). The work meets one of the following criteria:
  • It is an anonymous work or pseudonymous work and 50 years have passed since the year of its publication or it was published prior to 1 May 2004
  • It is a work where the copyright holder is a legal entity or a work of applied art and 50 years have passed since the year of its publication
  • It is a photographic or cinematic work that is not compositive (artistic in nature) first published before 1 May 1999
  • It is work published in Iraq before 1 May 1954, and the author died before 1 May 1979
  • It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
  • It is one of "collections of official documents, such as texts of international laws, regulations and agreements, judicial judgements and various official documents."
  • It is the work of a body corporate, public or private, published by January 1st, 1980 (Article 20, 1971 law).

العربية | English | 日本語 | 中文 | Español | +/−

Iraq
Copyright notes

Copyright notes 		Per U.S. Circ. 38a, the following countries are not participants in the Berne Convention or Universal Copyright Convention and there is no presidential proclamation restoring U.S. copyright protection to works of these countries on the basis of reciprocal treatment of the works of U.S. nationals or domiciliaries:
  • Eritrea, Ethiopia, Iran, Iraq, Marshall Islands, Palau, Somalia, Somaliland, and South Sudan.

As such, works published by citizens of these countries in these countries are usually not subject to copyright protection outside of these countries. Hence, such works may be in the public domain in most other countries worldwide.

However:

  • Works published in these countries by citizens or permanent residents of other countries that are signatories to the Berne Convention or any other treaty on copyright will still be protected in their home country and internationally as well as locally by local copyright law (if it exists).
  • Similarly, works published outside of these countries within 30 days of publication within these countries will also usually be subject to protection in the foreign country of publication. When works are subject to copyright outside of these countries, the term of such copyright protection may exceed the term of copyright inside them.
  • Unpublished works from these countries may be fully copyrighted.
  • A work from one of these countries may become copyrighted in the United States under the URAA if the work's home country enters a copyright treaty or agreement with the United States and the work is still under copyright in its home country.
Iraq has enacted Law No. 3 of 1971 on Copyright (Arabic) which came into force on 21 January 1971. Iraq has enacted Regulation No. 10 of 1985 on the National Committee for the Protection of Copyright (Arabic) which came into force on 2 September 1985. Iraq has enacted Order No. 83, Amendment to the Copyright Law (Arabic) (unofficial English (WIPO) translation) which came into force on 1 May 2004.


Strong keep. Many of these individuals, such as Qusai Hussein and Uday Hussein, are dead, so it is not possible to obtain new PD photos of them. The face images are very small and of low quality, so even if some of them are under copyright, they clearly fall under Fair Use guidelines, as they do not infringe on the original photographer's commercial rights, if any. Moreover, some files in this list, such as File:Flickr - davehighbury - Royal Artillery Museum Woolwich London 110.jpg, are clearly not subject to deletion, as they are original photos uploaded to Wikipedia or Wikimedia Commons, not images obtained from other Web sites. Finally, I find the wholesale nomination of images in this manner highly irregular and the motives of the nominator, russavia, questionable. — Quicksilver@ 03:02, 22 April 2013 (UTC)[reply]
I have no opinion on the copyright status of these cards. I would like for them to be kept, but have no reason to support such a demand. Fair Use is clearly not allowed on Commons. If some files are needed for articles on Pedias they should be transferred there. Sinnamon Girl (talk) 03:33, 22 April 2013 (UTC)[reply]
I haven't examined 100% of the files in the list above, but of the ones I have, it appears they were transferred to Commons from the English Wikipedia and others, after being on the different sites for years without copyright issues. I'm questioning why russavia has now decided they no longer meet the criteria. Instead of simply deleting the files, which is the "easy" way out, he should be looking for alternative images that are free of copyright, or examining the sources more closely to determine if there's any way they can continue to stay on Commons.
  • In the case of File:Poker Saddam Ace.JPG, it is a photo that has been released into the public domain by the uploader; it shows parts of of a set of the Most-wanted Iraqui playing cards, but in no case is a complete card or complete face visible.
  • In the case of File:Flickr - davehighbury - Royal Artillery Museum Woolwich London 110.jpg, it appears russavia doesn't even know what he's looking at. There's no claim that this image was the work of a U.S. government employee; it is merely a photo that someone took while visiting a museum and uploaded to Flickr, like hundreds, possibly thousands of other photos copied from Flickr to Commons. This particular image has been tagged as having been reviewed by Matanya and has been approved for keeping on Commons.
(Note that in examining russavia's contributions list, he has personally transferred dozens of photos from Flickr to Commons.) In fact, if you delete the list of images posted above, it wipes out the entire Category:Most-wanted Iraqi playing cards, with the exception of the faceless silhouette cards. There is something weird going on in this Deletion request, and it has nothing to do with concerns over copyrights. The request appears to be either frivolous or malicious, and should be denied. — Quicksilver@ 23:15, 22 April 2013 (UTC)[reply]
I don't think that russavia engages in any attempt and censorship here. Trust me, I'd be the first one to scream about that. The copyright does seem to be questionable. It is true that cards themselves are PD, but some of them seem to incorporate images of unknown status. Yes it does mean that US gov't is potentially engaging in copyright violation, but this is not unlike them to commit crimes that they send others to prison for. Sinnamon Girl (talk) 02:29, 23 April 2013 (UTC)[reply]

If the photos which the US used for these cards are from Iraqi sources before 1999, then the PD status is not questionable. --Roxanna (talk) 08:15, 23 April 2013 (UTC)[reply]

Deleted: Unclear copyright status. Unless we have clear, explicit written/textual, tangible evidence indicating that these files are indeed freely licensed under a Commons compatible license, we cannot host them on Commons. Fair use is prohibited on Commons. For that to apply, an image must be uploaded locally at another wiki FASTILY 22:59, 23 May 2013 (UTC)[reply]

What about File:Muhammad Mahdi al-Salih.jpg ? --Roxanna (talk) 12:24, 25 May 2013 (UTC)[reply]

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