Commons:Deletion requests/Image:4GatsIssue1.jpg
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This deletion debate is now closed. Please do not make any edits to this archive.
This magazine cover features a work by Ramon Casas, a Spanish painter dead in 1932. According to Spanish law, works enter into the public domain eighty years after the author's death (that is, it wouldn't be yet in the public domain). However, the magazine was published in 1899 and it's unclear for me whether the copyright of the magazine cover is kept by the author or transferred to the magazine. Opinions? Ecemaml (talk to me/habla conmigo) 22:32, 26 December 2007 (UTC)
Keep The magazine would have paid for the rights to the image. -Nard 01:29, 27 December 2007 (UTC)
Comment Or they may have bought a non-exclusive right to use the work, which isn't the same thing. Lest anyone should wonder about the "80 years" thing, this page explains that "if the artist died before 11th November 1987 their work is protected for life plus 80 years" (emphasis added). Lewis Collard! (talk, contribs, en.wp) 07:11, 27 December 2007 (UTC)
- Comment That should be December 7, 1987, the date when the law of November 11 entered in force. See the transitional provisions in the 1996 law. Lupo 17:21, 28 March 2008 (UTC)
Delete Since we don’t know (and probably won’t be able to find out) if the magazine bought the exclusive rights on the image and at the same time the 80-year-law is pretty unambiguous I’m tending to delete it – additionally it’s not really an important work of Casas and the image quality (resolution) is quite poor. --Gepardenforellenfischer 10:17, 28 December 2007 (UTC)- Keep Magazine cover is a public work, citation to refer it is here fair use.--Paco ✉ 17:12, 18 January 2008 (UTC)
- Comment Fair use? Don't think it's allowed here... --Ecemaml talk to me/habla conmigo 14:59, 22 January 2008 (UTC)
- What is this 80-year law? I see no mention of an 80-year term in Spanish copyright law[1]. -Nard 21:33, 18 January 2008 (UTC)
- CommentIt's in the second transitional provision. The translation has a typo since it says: "Those legal entities that under the Law of January 10, 1879, on Intellectual Property had acquired original ownership of intellectual property rights in a work shall exercise the exploitation rights within a period of 80 days following the publication thereof." Obviously, it should say "years" as the original in Spanish says. Mind that the current law was passed in 1996, superseding the former law (passed in 1987), which in turns superseded the original from 1879 (1987's bill is rather similar to that of 1996). So that, the 1987 law shortened the protection period from 80 to 70, but it's currently irrelevant since only in 2057 such a distinction will be useful. Hope it's clearer now. --Ecemaml talk to me/habla conmigo 22:40, 20 January 2008 (UTC)
- Comment Didn't the 1987 law reduce the copyright term to sixty years? See article 26ff of the 1987 law. Not that it mattered, as it kept the 80-year term for works of authors who died before December 7, 1987 (or published before, if copyright owned by a legal entity), and since the 1996 law raised the term again to 70 years (in accordance with EU directive 93/98/EEC). Lupo 17:21, 28 March 2008 (UTC)
- Delete The magazine surely acquired some of Casas's rights in order to publish it, but we have no way of knowing whether there was a full transfer of copyright (all involved rights), or whether they just got a license to print it, and if so, whether that license was exclusive or not. I don't like guessing, and the simplest assumption absent evidence to the contrary is that the work would be treated as Casas's work and hence the copyright in Spain would expire at the end of 2012. Lupo 17:21, 28 March 2008 (UTC)
Per Lupo, we have no way of knowing how the magazine was licenced, so I am deleting as a precaution. Reupload it in 4 years time please. -mattbuck (Talk) 21:06, 30 May 2008 (UTC)
