Commons:Deletion requests/Files in Category:Sky Mirror at Rockefeller Center

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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.

Artist's copyright violation. This version of w:en:Sky Mirror is not located in the United Kingdom (which has full FOP), but in the United States which has only limited freedom of panorama (for architecture only, not public art). The author, w:en:Anish Kapoor, is still alive.

JWilz12345 (Talk|Contrib's.) 05:10, 29 December 2022 (UTC)[reply]

  • Keep all. The sculpture is a simple geometric shape, so these photographs do not depict anything from it that is copyrightable. Postdlf (talk) 11:58, 29 December 2022 (UTC)[reply]
    @Postdlf: the sculpture is a well-thought work of Kapoor. Kapoor aimed at bringing viewers into his works. As per [1], "he is bringing the viewer into the work, removing the possibility of using art as an escape. You cannot be a passive observer when viewing a mirrored artwork." It is a form of a conceptual art in a minimalist style, just like his Cloud Gate which is slightly more elaborate than this. Unlike logos, U.S. courts tend to favor sculptors in their court rulings. JWilz12345 (Talk|Contrib's.) 12:42, 29 December 2022 (UTC)[reply]
    It’s a reflective convex concave disc, and these photographs merely copy that unoriginal shape. The concepts he applies to it don’t change that. Postdlf (talk) 13:15, 29 December 2022 (UTC)[reply]
  •  Keep. This is just a simple convex concave mirror. It is considerably less original than Cloud Gate. IronGargoyle (talk) 00:41, 5 January 2023 (UTC)[reply]
    @IronGargoyle: I don't think so. Per Infusion Lawyers, the Davidson v. United States case has set precedent for very low U.S. TOO for 3D public space works (this is in contrast to high TOO for logos and letterings). And since Kapoor has successfully struck NRA with regards to Cloud Gate, it is very likely that U.S. courts will rule in favor of him over users in the case of his Sky Mirror. U.S. courts tend to favor artists than users in terms of public space works like sculptures. JWilz12345 (Talk|Contrib's.) 01:14, 5 January 2023 (UTC)[reply]
The threshold of originality in the United States for public space works may be low, but this is still well below it. The Las Vegas Statue of Liberty case has nearly zero relevance for this case. That was comparing two superficially similar (but very different) works of art. The Las Vegas Statue of Liberty isn't simple. It's a monumentally complex statue which utilizes a completely different foam-and-fiberglass construction method than the copper Statue of Liberty in New York. Sky Mirror is a functional object of absurd simplicity. It's like comparing apples and oranges giant green women. IronGargoyle (talk) 03:26, 5 January 2023 (UTC)[reply]

Kept: per discussion. —‍Mdaniels5757 (talk • contribs) 19:51, 26 March 2023 (UTC)[reply]