Commons:Deletion requests/Files uploaded by Chanchokit

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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 uploaded by Chanchokit (talk · contribs)

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方幹民 was a Chinese painter who died in 1984. His works will not fall into the public domain until 2035.

4nn1l2 (talk) 22:16, 28 January 2018 (UTC)[reply]

Also:

Wcam (talk) 03:24, 29 January 2018 (UTC)[reply]

Thank you for your request, 4nn1l2.

In reply, according to Article 21 of the Copyright Law of the People’s Republic of China of February 26, 2010 (http://www.wipo.int/wipolex/en/text.jsp?file_id=186569), where a work is created in the course of employment where a legal person (cf. natural person) enjoys the copyright, the right of publication, the right of exploitation and the right to remuneration in respect of the work shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such work, in contrast to the usual rule that copyright expires fifty years after the lifetime of the author.

In relation to the 11 works flagged, File:1936 孙中山先生授嘱图.jpg was created by Fang Ganmin during his employment by the National History Department of the Chinese Nationalist Party (中國國民黨黨史編纂委員會史畫部). In relation to File:1934 白鸽.jpg, 蔡元培像.jpg, 静物.jpg, 男裸体肖像.jpg and 秋曲.jpg, they were created by Fang Ganmin during his employment by the the China Academy of Art (中國美術學院前身). I can provide further details if you so request. Accordingly, their copyrights had all expired on or before year 2000 and the works therefore belong in the public domain under Chinese law (PD-PRC).

In relation to the five remaining works (File:1982 江南水乡.jpg, File:1982 西子湖边夕照明.jpeg, File:西湖黄龙洞.jpg, File:秋光丽色.jpg, File:拱寰橋北河道風光方幹民.jpg), I agree that they be deleted from Wikipedia Commons. Thank you. Chanchokit (talk) 23:17, 28 January 2018 (UTC)[reply]

 Comment Although some of these works were created during his employment by these agencies/organizations, there is no indications that these works were created to fulfill his job duties. These works are personal works, as he signs his work with his own name with no mention of the employers. Therefore, the employers/legal persons are not the copyright holders. --Wcam (talk) 02:06, 29 January 2018 (UTC)[reply]

 Comment 孙中山先生授嘱图 was clearly created during the course of Fang's employment and in the fulfilment of his duties. The agency of his employ was the KMT Historical Record Department. The very purpose of Fang's employment was to create artwork FOR the department and its archive. Such is the case with all departments of this nature. The content of the painting is especially telling - it is the record of a historical event and was likely to have been used for political or propaganda purposes. All indications point towards this not being the work of a private or personal nature. Note that there is no personal signature on the painting and it was never published on Fang's own behalf.

In relation to 白鸽.jpg and 秋曲.jpg, likewise there is no personal signature on the paintings. They may have been created during his employment by the China Academy of Art for the purpose of being used as class material. The fact that they were retained by the China Academy of Art (where the copyrights currently reside), even after Fang's departure, is indicative.

Therefore, in relation to these three works, I am of the opinion that their copyrights belonged to legal persons, and accordingly insist that they are now in the public domain according to Chinese law. They should not be deleted from the commons. Chanchokit (talk) 14:08, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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Painter 胡善餘 died in 1993. Per {{PD-China}}, paintings not PD in China until 2043.

Wcam (talk) 03:08, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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Painter 顏文樑 died in 1988. Per {{PD-China}}, paintings not PD in China until 2038.

Wcam (talk) 03:15, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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Painter 羅工柳 died in 2004. Per {{PD-China}}, paintings not PD in China until 2054.

Wcam (talk) 03:17, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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Painter 詹建俊 is still alive. Per {{PD-China}}, paintings not PD.

Wcam (talk) 03:22, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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Painter 高泉 died in 2014. Per {{PD-China}}, paintings not PD in China until 2064.

Wcam (talk) 03:28, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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Painter 朱士傑 died in 1990. Per {{PD-China}}, paintings not PD in China until 2040.

Wcam (talk) 03:39, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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Per {{PD-China}}, photos takes in 1980s are not PD.

Wcam (talk) 03:44, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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Per {{PD-China}}, photos takes in 1980s are not PD.

Wcam (talk) 03:46, 29 January 2018 (UTC)[reply]

Files uploaded by Chanchokit (talk · contribs)

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{{PD-PRC-exempt}} is irrelevant and does not apply to these images.

Wcam (talk) 12:45, 29 January 2018

The copyrights of the three pictures of 李鐵夫 are clearly in the public domain. These pictures were undoubtedly taken before 1967 (Li died in the 50s), putting them safely beyond the 50 years expiry period. PD-PRC is clearly relevant. I object to their deletion. Chanchokit (talk) 13:31, 29 January 2018 (UTC)[reply]

{{PD-PRC-exempt}} is clearly irrelevant, if you read its content at all. {{PD-China}} may be relevant, but you need to provide when and where the photos were first published and who created them or held their copyright to make a definitive call, and also to prove that these images are in the public domain in the US to be kept on Wikimedia Commons. --Wcam (talk) 14:57, 29 January 2018 (UTC)[reply]

 Comment I said PD-PRC is relevant. If the photos are in the public domain but the wrong label was used, it seems entirely backwards to delete the photos altogether instead of editing to to PD-PRC. Chanchokit (talk) 20:04, 29 January 2018 (UTC)[reply]

Please note that {{PD-PRC}} does not exist. There is no such label here on Commons. It is your responsibility, as the uploader, to provide correct source and copyright info for images you upload. If you claim the photos are in the public domain, the burden of proof is on you. --Wcam (talk) 20:34, 29 January 2018 (UTC)[reply]

Deleted: per nomination. --Jcb (talk) 17:18, 5 February 2018 (UTC)[reply]

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