Commons:Deletion requests/Files in Category:Views from the Louvre Pyramid

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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.

The pyramid was completed by architect I. M. Pei (1917–2019) in 1989. Unfortunately, there is no freedom of panorama in France. The copyright term lasted for 70 years, and the images can be undeleted in 2090.

A1Cafel (talk) 16:39, 23 November 2022 (UTC)[reply]

French case law admits an exception if the copyrighted artwork is "accessory compared to the main represented or handled subject" (CA Paris, 27 octobre 1992, Antenne 2 c/ société Spadem, « la représentation d'une œuvre située dans un lieu public n'est licite que lorsqu'elle est accessoire par rapport au sujet principal représenté ou traité »). French case law states that the said artwork must not be intentionally included as an element of the setting: its presence in the picture must be unavoidable (CA Versailles, 26 janvier 1998, Sté Movie box c/ Spadem et a.): File:Louvre Palace.jpg is a photo of the Louvre Palace. The pyramid is not the subject and is unavoidably included. This does not violate the copyright law. 72.190.148.161 16:51, 23 November 2022 (UTC)[reply]
The file "Palais du Louvre, reflet sur la Pyramide.jpg" should not be deleted under French copyright law and/or case law, as it does not show the protected work (The Pei Pyramid) itself. It only shows The Louvre Palace (not protected) as seen in the reflection of a panel (fragment) of the Pei Pyramid. That fragment is blurred and distorted, therefore making it unrecognizable. Furthermore, this photo is not licensed (nor actually used) for commercial use. Blue 439 (talk) 16:55, 23 November 2022 (UTC)[reply]
  • I agree that that photo should be kept, because we see no distinctive element of the pyramid, only a view through glass. That said, all photos hosted on Commons have to be available for commercial use, but again, I don't see how there could be a problem with this picture. -- Ikan Kekek (talk) 17:42, 23 November 2022 (UTC)[reply]
@Blue 439: "not licensed (nor actually used) for commercial use" violates COM:Licensing#Forbidden licenses. While the image file may have been nominated by mistake (and I think it is OK since a single panel is not copyrightable, but multiple panels may be), your declaration that it is for non-commercial use only makes the photo's commercial CC license questionable. JWilz12345 (Talk|Contrib's.) 18:12, 23 November 2022 (UTC)[reply]
I don't think their declaration does anything to the license, as they are not the photographer; they just don't understand the requirements of Commons. -- Ikan Kekek (talk) 21:32, 23 November 2022 (UTC)[reply]
@Ikan Kekek: Blue 439 is the photographer of File:Palais du Louvre, reflet sur la Pyramide.jpg as seen in the description page (and proven by file history). In terms of the artistic work, it is de minimis for me (a single panel is not an architect's output), but Blue 439's statement of "Furthermore, this photo is not licensed (nor actually used) for commercial use" contradicts with the commercial CC license used in the photo and may run afoul of COM:Licensing#Acceptable licenses. JWilz12345 (Talk|Contrib's.) 05:22, 3 December 2022 (UTC)[reply]
 Keep all of them: precedent. 2804:14D:5C32:614F:2199:B458:3713:8252 06:24, 5 January 2023 (UTC)[reply]

File:Le Louvre (155547755).jpeg and File:Lines (202649459).jpeg is to  Keep, the main subject is not protected, the pyramid is not enough to be under copyright. -- Rodrigo Tetsuo Argenton m 19:03, 25 November 2022 (UTC)[reply]


Kept: So many of these are free that it's not worth sorting through them. Please re-nominate any with real issues. —‍Mdaniels5757 (talk • contribs) 01:51, 9 January 2023 (UTC)[reply]