Commons:Deletion requests/Files in Category:Murals in Guatemala

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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 in Guatemala

[edit]

No FoP in Guatemala, permission from the painter is required.

A1Cafel (talk) 08:48, 12 November 2022 (UTC)[reply]


Permission of the painter is not required for art displayed in public spaces. Article 64(d) of "LEY DE DERECHO DE AUTOR Y DERECHOS CONEXOS DE GUATEMALA DECRETO NÚMERO 33-98 EL CONGRESO DE LA REPÚBLICA DE GUATEMALA" - not sure that is enough to save these photos though, unless we can find out who painted the murals:
ARTÍCULO 64. Respecto de las obras ya divulgadas también es permitida, sin autorización del autor, además de lo dispuesto en el artículo 32:
d) La reproducción de una obra de arte expuesta permanentemente en lugares públicos, o de la fachada exterior de los edificios, realizada por medio de un arte distinto al empleado para la elaboración del original, siempre que se indique el nombre del autor, si se conociere, el título de la obra, si lo tuviere, y el lugar donde se encuentra.
Simon Burchell (talk) 10:43, 14 November 2022 (UTC)[reply]
English version: The reproduction for personal use of a work of art permanently exhibited in public places or on the exterior façade of buildings, made by means of an art different from that used in the making of the original, provided that the name of the author, if known, the title of the work, if it has one, and the place it is located are indicated.. It limit to personal use only, which means it is not acceptable on Commons because it doesn't allow commercial use and the creation of derivative works. --A1Cafel (talk) 07:48, 17 November 2022 (UTC)[reply]
No, sorry, the Spanish text doesn't mention reproduction "for personal use" at all. In fact, reading it more carefully, I think we can KEEP these photos because it indeed does say "as long as the name of the author is provided, if known" (my italics). Simon Burchell (talk) 09:58, 17 November 2022 (UTC)[reply]
@Simon Burchell: if you are contesting the new interpretation of the Guatemalan law you are free to say your inputs at COM:VPC#FOP guatemala is all wrong which I started, after I discovered that since 2006 Guatemalan legislature has severely abolished freedom of panorama by limiting free uses to personal use only. Maybe you cited an old version of the law that is no longer in effect in Guatemala. The current copy at this one government site from Guatemala bears the personal use restriction.
Sad to say I am also highly disappointed but, we have nothing to do if the Guatemalan government does not want to allow freedom of panorama, since 2006. For me,  Delete all images nominated here. Note that Guatemala did this restriction on the same year Honduras and Nicaragua restricted their FOP to personal use too, and two years before Costa Rica restricted theirs too (to non-commercial). El Salvador and Panama remain the Spanish-speaking states of Central America between Mexico and Colombia that still recognize FOP. JWilz12345 (Talk|Contrib's.) 07:11, 18 November 2022 (UTC)[reply]
You're right - I checked the linked version and it does indeed say "personal use" - I must have got an old version that was floating around somewhere. Simon Burchell (talk) 10:17, 18 November 2022 (UTC)[reply]

Deleted: per nomination. --Krd 07:34, 19 November 2022 (UTC)[reply]

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