Commons:Deletion requests/Not-PD-US-URAA portraits by László from NPG

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Not-PD-US-URAA portraits by László from NPG

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These five images were among those obtained from the National Portrait Gallery, London by me a while ago. They are in the public domain in the UK (because László died more than 70 years ago) but not in the US due to the URAA (all were created in 1923 or later). Three of them were re-uploaded by User:Yann after having already been deleted for this same reason, while two are previously undetected. Given their litigiousness, I'd like to ensure that the NPG uploads are definitely all public domain. Unfortunately all are in use, some widely. If they are deleted, please place them in the appropriate undeletion categories by adding 96 to their year of first publication. --Dcoetzee (talk) 03:28, 28 February 2011 (UTC)[reply]

  • Delete. Unfortunately but, like the nomination says, because of the special litigiousness around the NPG images. (That is still unresolved?) -- Asclepias (talk) 19:31, 28 February 2011 (UTC)[reply]
  •  Comment These works fell (I presume) under the en:Copyright Act of 1909 when first published, which provided for a copyright duration of 28 years starting from the date of publication unless the copyright was renewed for another 28 years. Unless there was such a renewal, these images have long since entered the public domain in the US. --Prüm (talk) 18:00, 1 March 2011 (UTC)[reply]
    • Not quite. Unfortunately, for works published between 1923 and 1977, the en:Copyright Term Extension Act retroactively extended the copyright terms of any work still under copyright to 95 years after the date of first publication. It was possible for works published in 1923 to still be copyrighted in 1998 due to retroactive copyright term extensions already provided by the en:Copyright Act of 1976. On top of this, the en:Uruguay Round Agreements Act excuses for works first published abroad the normal copyright formalities required for protection in the US, such as registration and notice. The combination of all these laws means that these works are currently in copyright in the US. Dcoetzee (talk) 19:33, 1 March 2011 (UTC)[reply]
      • I was under the impression that none of these acts restored the copyright of works which had previously entered PD, which would here be the case if there was no copyright extension by renewal of these works. --Prüm (talk) 14:27, 2 March 2011 (UTC)[reply]
        • The URAA does restore copyright of works that had previously entered the public domain in the US, if they were still in copyright abroad (this is precisely the basis on which its constitutionality has been challenged). Dcoetzee (talk) 20:12, 2 March 2011 (UTC)[reply]

Kept. - as long as we don't have the practice to delete Not-PD-US-URAA files which are PD in the country of origin - Jcb (talk) 11:36, 2 April 2011 (UTC)[reply]

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