Commons:Deletion requests/No FOP in France

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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.

No FOP in France

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With regrets I nominate a number of images (all from Category:Paris in 1981) of copyrighted buildings and sculptures in France, taken by a Bulgarian in 1981, published 2008 by a Bulgarian on our U.S. servers. Photos of copyrighted works are so-called derivative works; their publication is subject to the consent of the copyright owner of the work shown. For buildings, that's typically the architect, for sculptures, the sculptor. The "freedom of panorama" (FOP) exception to this does not apply because France has no such FOP, and in Bulgaria, it's limited to "informational and other non-commercial purposes". In the U.S., there is no FOP for sculptures, only for buildings. The source country of a building is the country where the building is located. We require that an image must be ok under both the laws of the source country and that of the U.S, see COM:L. Therefore, these images are not free, and should be deleted. Lupo 11:46, 26 June 2008 (UTC)[reply]

  •  Keep most of these buildings are clearly not original enough to warrant a status as work of art. The photographs of Chronos 10 display the sculpture in a landscape, a case for which something similar to FOP does exist. Rama (talk) 12:08, 26 June 2008 (UTC)[reply]
Incidentally, congratulations to the people who pin-pointed the locations of these images, that's really excellent work. Rama (talk) 12:12, 26 June 2008 (UTC)[reply]
As one of these people: thanks! Lupo 12:26, 26 June 2008 (UTC)[reply]
The sculpture photos deliberately include the sculptures and show them prominently. Similar photos could've been taken without including them. Therefore, the French decision that once held that depictions were fine if they were "accessory to the topic depicted, which was the representation of the plaza" does not apply. And about the originality of the Tour Totem or Les Choux, these clearly qualify. They are hallmarks of modern architecture! I think the others do or may do so, too; I was careful to only select those images where I thought we'd really run into the French no-FOP trouble. I did not, for instance, nominate Image:Paris-in-1981-059.jpg, which shows the same building as #68, 123, 124, precisely because here, I consider that depiction as "accessory". Lupo 12:26, 26 June 2008 (UTC)[reply]
  • For some of these, I feel that the depiction of copyrighted sculptures/buildings was "accessory and unavoidable" for such a shot of the street or the river: 087, 042, possibly 035 and 076. Also, I doubt that the building on photos 068, 123 and 124 passes the threshold of originality; this might also be the case of photo 155 (is this a building, or just some kind of barrier on the side of the périphérique?). I think we can  Keep those; sadly, the others, including the most interesting photos (Tour Totem, Les Choux) are clearly copyrighted and should be  Deleted. Pruneautalk 12:49, 26 June 2008 (UTC)[reply]
    • Maybe... but wouldn't the whole plaza in #87, 42 be covered by the architect's copyright as part of the whole ensemble? It's not some modern thing on an old square; it's a modern square within a whole contiguous modern development consisting of several connected modern buildings, and furthermore adorned with a black-white graphic floor pattern that itself might be subject to copyright... In #76, there are actually two artworks shown. Both could've been avoided by simply walking up to that iron ball and taking a shot over the river. Not unavoidable, methinks. Lupo 13:04, 26 June 2008 (UTC)[reply]


Okay, if I get it right from the discussion so far, there is a consensus that images 008, 025, 036, 037, 076, 091, 098, 156 are definitely due to deletion because of their artistic input. If no voices against, I'm gonna delete these in a couple of days. Many thanks to everybody who helped recognizing and locating the places. Personally for me, no matter if the images remain on Commons or not, understanding these locations was also very, very precious. :-) →Spiritia 08:28, 15 July 2008 (UTC)[reply]

Deleted. Looks like all of these that needed to go are gone. Lupo 12:18, 15 December 2008 (UTC)[reply]

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