Commons:Deletion requests/Files in Category:Photographs by Leonard Sempoliński
According to Commons:Copyright rules by territory/Poland#Retroactive changes, photographs were retroactively put under copyright protection for life+50 years in 1994 and subsequently extended to life+70 years. Since the photographer is known and died in 1988, this would mean that the photograph is not currently PD in either source country or US.
Most of the photographs can be undeleted in 2059 (1988+70+1), however File:Spółdzielnia Artystów Plastyków "Ład" – 40 lat Ładu (2) – Izabela Szerska-Sternińska.png and File:Spółdzielnia Artystów Plastyków "Ład" – 40 lat Ładu (1).png were published in 1967 and would be copyrighted in US until 2062 (according to Commons:Hirtle chart).
_%E2%80%93_Izabela_Szerska-Sterni%C5%84ska.png){kind=link}
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- Undelete in 2059
- File:Cellars of Raczyński Palace in Warsaw (1945).jpg
- File:Franaszek factory ashes of Wola massacre victims 01.jpg
- File:Franaszek factory ashes of Wola massacre victims 02.jpg
- File:Kosciol jezuitow Warszawa 1945.png
- File:Lozko Dluga 7.jpg
- File:Opera Narodowa zwloki.jpg
- File:Organ of Parish Church Kazimierz Dolny.jpg
- File:Piwnice szpitala Dluga 7.jpg
- File:Ruiny pałacu Branickich przy ul. Miodowej.jpg
- File:Spichlerz Kazimierz Dolny.jpg
- File:Wanna z prochami Waski Dunaj.jpg
.jpg){kind=link}
- Undelete in 2062
- File:Spółdzielnia Artystów Plastyków "Ład" – 40 lat Ładu (1).png
- File:Spółdzielnia Artystów Plastyków "Ład" – 40 lat Ładu (2) – Izabela Szerska-Sternińska.png
Buidhe (talk) 04:47, 17 June 2020 (UTC)
- Public domain as published before May 1994
All these photographs are treated as public domain, because were published before May 1994.--Szczebrzeszynski (talk) 07:24, 17 June 2020 (UTC)
- They were public domain, but subsequently recopyrighted according to Polish law. Buidhe (talk) 07:27, 17 June 2020 (UTC)
- No. Before May 1994 Polish law required for photographs that author had to claim copyright directly on copy of the photograph when first published. If there was no explicit copyright statement - photographs were not copyrighted at all, technically in public domain by lack of will of the author to claim the copyright. So they were never copyrighted. The retractive statement in current Polish law says that if copyright expired according to the previous versions of copyright law it is retroactively recoprygithed. But it apply to the works which were copyrighted under previous versions of Polish law, not for works which were never copyrighted, as their copyright never expired. I does never existed at all. Polimerek (talk) 08:49, 17 June 2020 (UTC)
- I searched through the law and found "prawa majątkowe gasną z upływem lat siedemdziesięciu: 1) od śmierci twórcy, a do utworów współautorskich – od śmierci współtwórcy, który przeżył pozostałych;" ("the author's economic rights shall expire after the lapse of seventy years: 1) from the death of the author, and in case of joint works -from the death of the coauthor who has survived the others,"). I searched through the law but could not find anywhere where the law stated that this did not apply to photographs or to works originally published without a copyright license.[1][2] Buidhe (talk) 09:03, 17 June 2020 (UTC)
- You should browse the Polish copyright law for the time when picture was first published. The intepretation that current retroactivity does not work for works which were not-copyrighted at the time of first publishing is widely accepted by lawyers in Poland and also accepted by courts. See the complete explanation (unfortunately in Polish): [3], [4], [5]. Polimerek (talk) 19:28, 17 June 2020 (UTC)
- If there was no visible copyright mark on the work, the work was not copyrighted, so the copyright rights of the author couldn't expire, because there were none. If the copyright rights of the author couldn't expire, then it's no subject in the meaning of the 1994 copyright law. There is only a question: were these photographs (as work, not print or reproduction, as it was downloaded here) not visible copyrighted? — Paelius
discussion15:53, 17 June 2020 (UTC)
- I searched through the law and found "prawa majątkowe gasną z upływem lat siedemdziesięciu: 1) od śmierci twórcy, a do utworów współautorskich – od śmierci współtwórcy, który przeżył pozostałych;" ("the author's economic rights shall expire after the lapse of seventy years: 1) from the death of the author, and in case of joint works -from the death of the coauthor who has survived the others,"). I searched through the law but could not find anywhere where the law stated that this did not apply to photographs or to works originally published without a copyright license.[1][2] Buidhe (talk) 09:03, 17 June 2020 (UTC)
- No. Before May 1994 Polish law required for photographs that author had to claim copyright directly on copy of the photograph when first published. If there was no explicit copyright statement - photographs were not copyrighted at all, technically in public domain by lack of will of the author to claim the copyright. So they were never copyrighted. The retractive statement in current Polish law says that if copyright expired according to the previous versions of copyright law it is retroactively recoprygithed. But it apply to the works which were copyrighted under previous versions of Polish law, not for works which were never copyrighted, as their copyright never expired. I does never existed at all. Polimerek (talk) 08:49, 17 June 2020 (UTC)
+ 
Keep According to Polish copyright law (1994), all photos published before 1994 without clear copyright notice made direct on photo are copyfree. Clear regulations of 1926 and 1952 Polish copyright acts. Andros64 (talk) 13:14, 17 June 2020 (UTC)
- The authorship is uncertain when it comes to those two photos: File:Spółdzielnia Artystów Plastyków "Ład" – 40 lat Ładu (1).png and File:Spółdzielnia Artystów Plastyków "Ład" – 40 lat Ładu (2) – Izabela Szerska-Sternińska.png. The source says it was either Jerzy Proppe or Leonard Sempoliński or Andrzej Żuk. Perhaps the category Category:Photographs by Leonard Sempoliński should be removed? Zoedyta (talk) 15:50, 17 June 2020 (UTC)
- Keep I've spent a while in Lex Omega database at work today to explore this Article 124, including court rulings. The Commons information that photographs were retroactively put under copyright protection for life+50 years in 1994 is incorrect. No such thing. On the contrary – the Lex retro non agit is mentioned. If the author did not claim the copyright when his/her work was published, it is not copyrighted. The 1994 Act has not changed that. Boston9 (talk) 20:22, 17 June 2020 (UTC)
Kept: Speedy kept: no valid reason for deletion; published before 1989 without copyright notice. Authors' death dates are irrelevant. --Ankry (talk) 22:19, 17 June 2020 (UTC)