File:Victor Lanoux, 1962, Studio Harcourt.jpg
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This media file has been nominated for deletion since 20 October 2024. To discuss it, please visit the nomination page.
Do not remove this tag until the deletion nomination is closed. Reason for the nomination: The Studio Harcourt photographs have been discussed numerous times. The lengthiest discussions were probably those this year, 2024, a few months ago at Commons:Village pump/copyright. See Commons:Village pump/Copyright/Archive/2024/07#Copyright status of photos by French photo studio Harcourt and Commons:Village pump/Copyright/Archive/2024/09#Studio Harcourt (PD before 1992). These discussions were rather thorough, and the outcome was that the majority of the Studio Harcourt photos Wikimedia Commons is hosting today are not under a free license, and they are also not in the public domain in the United States or not in the public domain in both France and the United States.
A short recap (details at the COM:VPC links above): Studio Harcourt was a photo studio founded in Paris in 1934. The studio soon gained prominence as a "celebrity" studio, which means many of its photos are of notable people and interesting for Commons. Studio Harcourt ran into economic difficulties and had to sell some of its assets, including some 5 million photos and the economic rights (copyrights, or patrimonial rights in France) to those photos. These photos and the rights were acquired by the French state in 1989/1991, directly or from third parties (there were at least two batches). User:Günther Frager found a 2003 French court case, Studio Harcourt vs Mélodie (Tribunal de grande instance de Paris, 4 février 2003, 2001/17786), which confirmed that the French state owned those rights at least in 2003. And indeed, on various websites offering the photos the French state claims a copyright for them to this day. The original Studio Harcourt was liquidated (even if User:Tisourcier insists that this is not the case because some photo historian wrote it in a book, the court case clearly indicates the liquidation happened). The Studio Harcourt brand name and logo was sold in an auction and acquired by others. These others then opened a new photo studio under the traditional Harcourt name. There were several name changes, see the VPC archives for details. This "new" Studio Harcourt was one of the two parties involved in the 2003 court decision cited above. It also, as User:Studio Harcourt, uploaded 100 newer photos to Wikimedia Commons in 2010 (these 100 files are not nominated for deletion with this deletion request). Finally, the "new" Studio Harcourt was also a party involved in another court decision from 2014, which decided that in France, photos from Studio Harcourt are collective works, giving them a copyright of 70 years from creation/publication (and not 70 years after the photographer's death which would be the norm in France). So accd. to the 2014 court decision, as of 2024, all Studio Harcourt photos from 1953 or older are in the public domain in France. Since France had a copyright term of 58 years and 120 days on its URAA date (January 1, 1996), all Studio Harcourt photos from before 1937 should also be in the public domain in the US, because their US copyrights were not restored by the URAA. Any more recent photos are however still protected in the US by the usual 95 year term. Which means this deletion request nominates Studio Harcourt photos from 1937 or newer. We will be able to undelete those after 95 + 1 years, so those from 1937 in 2033, from 1938 in 2034 etc. I'll add notes to those files which don't have a year (or a wrong year) in the file name. During the COM:VPC discussions and before, a number of arguments came up claiming that these files were released under a free license or into the public domain, by the French state or by the "new" Studio Harcourt:
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{{subst:delete2|image=Files in Category:Photographs by Studio Harcourt|reason=The Studio Harcourt photographs have been discussed numerous times. The lengthiest discussions were probably those this year, 2024, a few months ago at Commons:Village pump/copyright. See Commons:Village pump/Copyright/Archive/2024/07#Copyright status of photos by French photo studio Harcourt and Commons:Village pump/Copyright/Archive/2024/09#Studio Harcourt (PD before 1992). These discussions were rather thorough, and the outcome was that the majority of the Studio Harcourt photos Wikimedia Commons is hosting today are not under a free license, and they are also not in the public domain in the United States or not in the public domain in both France and the United States.
A short recap (details at the COM:VPC links above): Studio Harcourt was a photo studio founded in Paris in 1934. The studio soon gained prominence as a "celebrity" studio, which means many of its photos are of notable people and interesting for Commons. Studio Harcourt ran into economic difficulties and had to sell some of its assets, including some 5 million photos and the economic rights (copyrights, or patrimonial rights in France) to those photos. These photos and the rights were acquired by the French state in 1989/1991, directly or from third parties (there were at least two batches). User:Günther Frager found a 2003 French court case, Studio Harcourt vs Mélodie (Tribunal de grande instance de Paris, 4 février 2003, 2001/17786), which confirmed that the French state owned those rights at least in 2003. And indeed, on various websites offering the photos the French state claims a copyright for them to this day. The original Studio Harcourt was liquidated (even if User:Tisourcier insists that this is not the case because some photo historian wrote it in a book, the court case clearly indicates the liquidation happened). The Studio Harcourt brand name and logo was sold in an auction and acquired by others. These others then opened a new photo studio under the traditional Harcourt name. There were several name changes, see the VPC archives for details. This "new" Studio Harcourt was one of the two parties involved in the 2003 court decision cited above. It also, as User:Studio Harcourt, uploaded 100 newer photos to Wikimedia Commons in 2010 (these 100 files are not nominated for deletion with this deletion request). Finally, the "new" Studio Harcourt was also a party involved in another court decision from 2014, which decided that in France, photos from Studio Harcourt are collective works, giving them a copyright of 70 years from creation/publication (and not 70 years after the photographer's death which would be the norm in France). So accd. to the 2014 court decision, as of 2024, all Studio Harcourt photos from 1953 or older are in the public domain in France. Since France had a copyright term of 58 years and 120 days on its URAA date (January 1, 1996), all Studio Harcourt photos from before 1937 should also be in the public domain in the US, because their US copyrights were not restored by the URAA. Any more recent photos are however still protected in the US by the usual 95 year term. Which means this deletion request nominates Studio Harcourt photos from 1937 or newer. We will be able to undelete those after 95 + 1 years, so those from 1937 in 2033, from 1938 in 2034 etc. I'll add notes to those files which don't have a year (or a wrong year) in the file name. During the COM:VPC discussions and before, a number of arguments came up claiming that these files were released under a free license or into the public domain, by the French state or by the "new" Studio Harcourt:
For mass deletions: If you want to nominate several related images, please make a mass request by manually adding Note: This template is for requests that may require discussion in order to be deleted. For speedy deletions, you can use
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Summary
[edit]DescriptionVictor Lanoux, 1962, Studio Harcourt.jpg |
Français : L'acteur français Victor Lanoux photographié par le Studio Harcourt en 1962. |
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Source |
https://www.photo.rmn.fr/archive/08-539406-2C6NU0T5RBKD.html https://pop.culture.gouv.fr/notice/memoire/APU296521VH |
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Author |
creator QS:P170,Q3041606 |
Licensing
[edit]Public domainPublic domainfalsefalse |
This work has been released into the public domain by its copyright holder, Studio Harcourt / French government. This applies worldwide. In some countries this may not be legally possible; if so: Studio Harcourt / French government grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law. Public domainPublic domainfalsefalse |
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This work is free and may be used by anyone for any purpose. If you wish to use this content, you do not need to request permission as long as you follow any licensing requirements mentioned on this page.
The Wikimedia Foundation has received an e-mail confirming that the copyright holder has approved publication under the terms mentioned on this page. This correspondence has been reviewed by a Volunteer Response Team (VRT) member and stored in our permission archive. The correspondence is available to trusted volunteers as ticket #2020112910005534. If you have questions about the archived correspondence, please use the VRT noticeboard.
Ticket link: https://ticket.wikimedia.org/otrs/index.pl?Action=AgentTicketZoom&TicketNumber=2020112910005534
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File history
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Date/Time | Thumbnail | Dimensions | User | Comment | |
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current | 03:00, 24 July 2024 | 478 × 650 (33 KB) | Groupir ! (talk | contribs) | Uploaded a work by {{Creator:Studio Harcourt}} from https://www.photo.rmn.fr/archive/08-539406-2C6NU0T5RBKD.html https://pop.culture.gouv.fr/notice/memoire/APU296521VH with UploadWizard |
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