Commons:Deletion requests/Files in Category:Raúl Alfonsín

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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.

PD-AR-Photo files in Category:Raúl Alfonsín

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Although these photos are now in the public domain in Argentina (source country), which has a copyright term for photos of 25 years from creation and 20 years from publication, they were still copyrighted on 1/1/1996 and had US copyright restored via URAA. Copyright expirations will vary, but none will expire earlier than about 2054 (1983 photo: 70 years pma if the photographer is known and died that year) and many will stretch decades beyond that. Files on Commons must be free in both the source country and the US.

cmadler (talk) 18:28, 25 July 2012 (UTC)[reply]

  •  Delete Although I uploaded several of those photos, the situation has changed since then. Fortunately, we still have Argentina.RaulAlfonsin.01.jpg, which has another license. Cambalachero (talk) 20:44, 25 July 2012 (UTC)[reply]
  •  Delete Although all these images are public domain in Argentina, they are not in the USA. Alpertron (talk) 22:12, 25 July 2012 (UTC)[reply]
  • DON'T. I don't understand how a USA law can be applied to a human action developed en Argentina. Each country rules over the humans actions devolped within its limits. Sorry if I don't understand the point, but is there something I'n missing here? --Roblespepe (talk) 01:31, 28 July 2012 (UTC)[reply]
    • The photos were taken in Argentina, but the servers are located in the US. Commons:Licensing requires that contents in commons should be free both in the source country and in the US. This has been that way since the begining. The problem here is the "Uruguay Round Agreements Act" or "URAA", a US law that extended the protection on foreign works if they were not in public domain in their country in 1996. It was appealed as unconstitutional, so Commons chose to ignore it as if it wasn't into force. But when we began this year, that appeal was rejected, so the law is now fully in force. There was a long discussion at Commons:Deletion requests/All files copyrighted in the US under the URAA on what to do: it was decided to delete the images after checking their specific status. We are in July now, half a year afterwards. There was time for discussions, there was time for the specific wikipedias to discuss what (if anything) to do about this, now we are in the stage of specific deletion requests. All Argentine photos from 1971 and afterwards are in this situation, we just go in small theme samples to keep things easier to manage. If there is some legal explanation to mantain that these photos (or at least some of them) were really free in the US as of 1996, that would change things, but I don't know if there is any Cambalachero (talk) 02:22, 28 July 2012 (UTC)[reply]
    • By the way, there is an ongoing discussion at es:Wikipedia:Café/Portal/Archivo/Noticias/Actual#Borrado de imágenes en Commons. Nobody seems to come with a solution either. Cambalachero (talk) 02:29, 28 July 2012 (UTC)[reply]
      • (ec) Wikimedia Foundation, including Commons, is subject to US laws. The Foundation is incorporated in the US, has offices in the US, and has servers in the US. On top of all this, the US claims jurisdiction over all websites using .com, .net, .org, and .info top-level domains. cmadler (talk) 02:24, 28 July 2012 (UTC)[reply]

Oh, and another comment. This is none of my business, and none of Commons' business, but as those things make clear, it is the law of the United States which rules over Wikipedia in Spanish, not the law of Argentina, Spain or whatever. Which is a disadvantage in this specific case, but it provides advantages that Wikipedia in Spanish may reconsider... advantages such as "fair use". That is an alternative, not for Commons but for Wikipedia in Spanish, to retain some of those photos and prevent the articles about the 70's and 80's in Argentina to be pure text (of course, the usage rules should be different than with Commons files, but that's better than nothing). Fair use has always been rejected because it does not exist outside the US, but now you may have a broader discussion about that. Which law rules over Wikipedia in Spanish? If it is the US law, there's no reason to avoid fair use; and if it is the local laws, there's no reason to avoid files that are free in the source countries and not in Argentina. Either way, one of both options should be allowed. Cambalachero (talk) 02:57, 28 July 2012 (UTC)[reply]

The official Wikimedia Foundation is that all projects must, at a minimum, comply with US law, although some language-specific projects do push this. cmadler (talk) 12:37, 28 July 2012 (UTC)[reply]
 Delete Thank you very much Cambalanchero. All these is really a legal cambalache :-) Very interesting your comment about using the USA fair use rule in the Spanish Wikipedia. Ok, I understand. So I (painfully) change my vote.--Roblespepe (talk) 14:15, 28 July 2012 (UTC)[reply]

Deleted: FASTILY (TALK) 01:29, 1 August 2012 (UTC)[reply]

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