Commons:Deletion requests/Files in Category:Murals by Arturo García Bustos

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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:Murals by Arturo García Bustos

[edit]

Copyright violation? Are these mural in the public domain of Mexico? The painter, Arturo García Bustos (1926-2017), died less than 100 years, so no PD for this reason. Does FOP in Mexico also applies to interiors of museums and palaces? If "yes" then these pictures can stay; and then please add a message why they are in PD. Otherwise they need VRT permission.

JopkeB (talk) 13:24, 5 December 2021 (UTC)[reply]

 Comment Please note the now stalled discussion at Commons:Deletion requests/File:Juarez and 11 men.jpg Timtrent (talk) 22:42, 5 December 2021 (UTC)[reply]
 Comment Some of these are in Wikipedia Oaxaca en la historia y en el mito. But not the Mitla or Marriage codex or Siete regiones. The two of Arturo Garcia Bustos painting the mural arenot FOP and should in my opinion be deleted. David notMD (talk) 04:27, 9 December 2021 (UTC)[reply]
There is some confusion in my mind where I should place my comments. Originally I posted them to my user talk page because that is where I read the comments about possible deletions. But when I read the instructions on the page I realized that maybe my comments should be posted here, where I am writing now. Please confirm.
I agree that the image of Arturo Garcia Bustos painting should be deleted and I did delete it. I also removed the Mitla image, although I took the photo.
The daughter of Garcia Bustos sent me the picture of her father painting and told me that I can use it. But yes, it is not a photo that I took. I suppose I could ask her to upload it but I don't know her well and I don't know if she has that capacity.
I am not certain what the marriage codex image is that is referred to above. Must be from the first draft of the article.
I took the other photos in March of 2020 in Oaxaca or maybe some are from earlier visits to the mural.
I'm going to cut and paste material that I think permits me to take photos of the mural that the article is about and to use these photos in the Wikipedia article.
After reading the material below I will add proper attribution of the source of the images, when I figure out how to d that.
Perhaps there is no new information below for you and you have other thoughts and documents to back up you thought that the images should be deleted. I'm putting all the raw information below for your information and for the information of others.
From https://en.wikipedia.org/wiki/Freedom_of_panorama
Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works. The phrase is derived from the German term Panoramafreiheit ("panorama freedom").
From the same document in Wikipedia
Mexico[edit]
The copyright law of Mexico provides for a freedom of panorama provision at Article 148(VII):
Article 148. - Literary and artistic works that have already been disclosed may only be used in the following cases without the consent of the owner of the economic rights and without remuneration, provided that the normal exploitation of the work is not adversely affected thereby and provided also that the source is invariably mentioned and that no alteration is made to the work:
VII. Reproduction, communication and distribution by means of drawings, paintings, photographs and audiovisual processes of works that are visible from public places.
From Wiki Commons
Freedom of panorama[edit]
Shortcut
COM:FOP Mexico
See also: Commons:Freedom of panorama
OK
The photographical reproduction of this work is covered under the article 148, VII of the Mexican copyright law (Ley Federal de Derechos de Autor), which states that
«Literary and artistic works already published may be used, provided that normal commercialization of the work is not affected, without authorization from the copyrightholder and without remuneration, invariably citing the source and without altering the work, only in the following cases: […]
VII. Reproduction, communication, and distribution by means of drawings, paintings, photographs, and audiovisual means of works visible from public places». See COM:CRT/Mexico#Freedom of panorama for more information.
English | español | français | italiano | македонски | +/−
Mexico's federal copyright law, Article 148, allows reproduction without compensation in certain circumstances:
Literary and artistic works that have already been disclosed may only be used in the following cases without the consent of the owner of the economic rights and without remuneration, provided that the normal exploitation of the work is not adversely affected thereby and provided also that the source is invariably mentioned and that no alteration is made to the work:"[1996-2018 Art.148]
Reproduction, communication and distribution by means of drawings, paintings, photographs and audiovisual processes of works that are visible from public places (lugares publicos).[1996-2018 Art.148(VII)]
The term lugares publicos has been interpreted to include both interior and exterior public places. Government-owned places such as libraries, markets, parks and public gardens have no restrictions against freedom of panorama. However, due to the ambiguity of the article, on some occasions, some establishments like the Mexico City Metro (a government-owned system) have required users to request permission to film or photograph inside the facilities. The Federal Law of Telecom and Broadcasting also uses the term "public places". It defines public places as: "...those that are in the charge of dependencies of federal, state or municipal entities, or under public programs of any one of the three orders of government..." Public places under this law (page 7) would include:
Schools, Universities, and every kind of building used for education;
COMMENT FROM ArbyBB. THEY MURAL IS IN A GOVERNEMENT BUILDING THAT HAS BEEN COVERTED TO A MUSEUM.
Clinics, Hospitals, and every kind of building used for health care;
Government offices of all types;
Community Centers;
Free admission and open places such as parks, green areas and sports centers
Places that collaborate in public federal programs.
Hope this helps ArbyBB (talk) 17:21, 10 December 2021 (UTC)[reply] ArbyBB (talk) 21:20, 10 December 2021 (UTC)[reply]
Reply
  1. Yes, I confirm, comments should be posted here, not on your personal page.
  2. If the daughter of Garcia Bustos would like to confirm that you may use one or more pictures, than it/they may be kept. That applies to the one she sent to you and might also apply to the other pictures if she is his (only) heir. She then needs to send a (VRT) Declaration to Commons, see Declaration of consent for the details. So it is not necessary that she herself uploads the picture, she only needs to send a declaration of consent.
  3. You need to change the name of the author in the file of the photo she sent to you. You may do so by clicking on the "Edit" tab, change the author and click on the blue button "Publish changes" at the bottom of the file.
  4. I leave it to the Commons experts whether FOP indeed applies to these murals. Question to the administrator who judges this deletion request: please give your verdict and if the conclusion is no FOP, then please leave time to ArbyBB to arrange a VRT Declaration from the daughter of the painter.
--JopkeB (talk) 05:18, 11 December 2021 (UTC)[reply]

Freedom of Panorama in Mexico covers also interiors. Has anyone heard of Rivera, Orozco and Siqueiros? The most notable murals of them are in interiors. More so, Muralism movement was created in the spirit of bringing art to the masses, to everyone, murals in public places belongs to the people and should be in Wikimedia with no doubt. These paintings are attached to the building, they are not easel painting, therefore are covered by FoP.--Mizael Contreras (talk) 03:04, 22 December 2021 (UTC)[reply]

Deleted: It appears interior murals are covered by COM:FOP. We can always undelete if COM:VRT is provided and approved. Thanks everyone for participating and if you disagree with this decision please take it to Commons:Undeletion requests - unless there is a tech issue. Thanks for assuming good faith and happy holidays!. --Missvain (talk) 18:32, 26 December 2021 (UTC)[reply]

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