Commons:Deletion requests/Image:Morte di Pavarotti.jpg
This deletion debate is now closed. Please do not make any edits to this archive.
Derivative work of copyrighted photograph 62.216.198.20 02:18, 3 January 2008 (UTC)
Delete - Per nom. — Giggy 02:25, 3 January 2008 (UTC)
- So a picture of his guestbook at his funeral isn't allowed because his photo is near it? So very sad. This photo of him appears to be from when he was a bit younger than when he died, and appears to be previously unpublished (I can't find it online). Might I go out on a limb and argue the photo has no copyright because under Italian law for a photograph of a person to bear copyright, the authorized copy of it must contain attribution of authorship? (See article 90[1]) And in any case would expire 20 years after making the photograph? (I know PD-Italy was deleted, but in some cases it may be appropriate to utilize this provision of law). Pavarotti looks younger in this photo, possibly more than 20 years younger. -Nard 05:25, 3 January 2008 (UTC)
- Italy has ratified the EU directive harmonizing the term of copyright protection (see [2]), so 70 years pma apply. --62.216.198.20 11:40, 3 January 2008 (UTC)
- No they haven't (entirely). That's why if you go to the Italian Wikipedia article on Pavarotti and click on most of the photos you'll see a warning not to copy the files to Commons, because Commons does not accept this exception in Italian law (even though we do for other countries in Europe for what the Germans call lichtbild or roughly "simple photos", for example at {{PD-Denmark50}}. See also Template talk:PD-Italy). And so I am arguing that in some cases we should allow these photos, even though generally we do not. This photograph was legally taken in Italy. It is not a "derivative work of copyrighted photograph" as you allege in the deletion request. -Nard 12:00, 3 January 2008 (UTC)
- I see your point. But I do not agree that we should make an exception for this picture, since the fact that the photograph is only a part of the overall composition probably does not alter its copyright status in most EU countries. Just the photograph of Pavarotti would not be kept here on Commons. In any case, the current CC-BY-SA license is misleading. The picture should be deleted and uploaded locally on it.wp. --62.216.198.20 12:58, 3 January 2008 (UTC)
- No they haven't (entirely). That's why if you go to the Italian Wikipedia article on Pavarotti and click on most of the photos you'll see a warning not to copy the files to Commons, because Commons does not accept this exception in Italian law (even though we do for other countries in Europe for what the Germans call lichtbild or roughly "simple photos", for example at {{PD-Denmark50}}. See also Template talk:PD-Italy). And so I am arguing that in some cases we should allow these photos, even though generally we do not. This photograph was legally taken in Italy. It is not a "derivative work of copyrighted photograph" as you allege in the deletion request. -Nard 12:00, 3 January 2008 (UTC)
- Italy has ratified the EU directive harmonizing the term of copyright protection (see [2]), so 70 years pma apply. --62.216.198.20 11:40, 3 January 2008 (UTC)
- Delete It's primarily a photograph of a copyrighted portrait, not a photo of his funeral guestbook. If it were possible to crop the copyvio out of the shot then a revised version might work, but that's really the central element. Durova 20:43, 3 January 2008 (UTC)
Question (since I'm not too familiar with the Italian law): Inside Italy, is the Pavarotti photograph considered public domain? And if so, in Italy (the country of origin for this photograph), would the uploader be considered the full owner of copyright in this image? If so, technically the copyright status of the uploaded photo is fine in Italy and also the U.S. (since the U.S. uses the country of origin's law to determine the copyright owner). However if countries in the rest of Europe would consider this photo a copyrighted derivative work of the Pavarotti photograph, that may still be a problem for keeping it on commons. Carl Lindberg 07:05, 4 January 2008 (UTC)
- You've hit the nail on the head. That's why generally these images are not allowed on Commons. However since the photo was legal to take, it is NOT a derivative work. -Nard 17:43, 15 March 2008 (UTC)
- Delete The subject of this photo is Pavarotti's photograph, and it would be of minimal or no value at all if it didn't contain it, so it is a derivative work if not in part copy of the original photo. Geraki TLG 17:25, 26 April 2008 (UTC)
Deleted -- Bryan (talk to me) 15:06, 29 April 2008 (UTC)
