User:Josve05a/GRAFFITI

Occasionally graffiti will be kept, using the claim that an author might be denied any copyright relief based on an illegal act; however, there is no evidence of this legal theory being tested.

— Template:Non-free graffiti

Official Commons policy is Commons:Project scope/Precautionary principle, which rejects claims such as "The copyright owner will not bother to sue or cannot afford to." or "Nobody knows who the copyright owner is".

— Template:Non-free graffiti

Given that the second argument (quote) above describes that even though it will be hard for a graffiti painter to sue for copyright infringement, we should err on the side of causion.

The {{Non-free graffiti}} is just a tag, like {{NoFoP-Italy}} to warn re-users that it might not be completely ok. These tags are not magical tags you can place on an image and use as a exemption from deletion. If the image is in violation, it needs to go. Those are the rules we play by, until any legal theory regarding graffiti has been tested, and we can see some real case law examples.

Any graffiti that is not verified by some credible source to be illegal (and/or taken in a country restricting FOP) cannot be uploaded to Commons, because as a (likely) sanctioned work [or assumed to be sanctioned per COM:PRP] it becomes a derivative of non-free content.

— Fastily; edited in parts by Josve05a.

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All quotes are copied and licensed under CC BY-SA 3.0 (link at the bottom). Quote emphasis are my own and additions to quotes are noted with brackets.

Commons' precedence

(to be expanded when Josve05a nominate files for deletion. Last edited and updated by Josve05a (talk) 19:41, 9 September 2015 (UTC))

Pending

1. Commons:Deletion requests/File:Curico, grafiti (9491896404).jpg
2. Commons:Deletion requests/File:Memorial to Pavlos Fyssas, Killah P, killed by fascists September 2013, Athens.jpg

Kept

1. Commons:Deletion requests/File:Pregnant graffiti.jpg
   • Kept by George Chernilevsky without proper reason, or evidence that the graffiti is illegal, disregarding COM:PRP and our policies of graffiti.
2. Commons:Deletion requests/File:Graffiti sobre portón - Florencio Varela.JPG
   • Kept by George Chernilevsky without proper reason, or evidence that the graffiti is illegal, disregarding COM:PRP and our policies of graffiti.
3. Commons:Deletion requests/File:Abstract graffiti in Piazzale Pino Pascali 03.JPG
   • Kept by George Chernilevsky without proper reason, or evidence that the graffiti is illegal, disregarding COM:PRP and our policies of graffiti.
4. Commons:Deletion requests/File:Memorial in Exarchia district, Athens, to Berkin Elvan who died from tear gas canister injuries in March 2014.jpg
   • Keyyp by Yann for the same reason as George Chernilevsky above.
5. Commons:Deletion requests/File:016 Barcelona (5603802751).jpg
   • Kept by Taivo claiming it is permanently placed and that Spain's FoP allows DW of 2D-works. Good call.
6. Commons:Deletion requests/File:028 Barcelona (5604390210).jpg
   • Kept by Taivo claiming it is permanently placed and that Spain's FoP allows DW of 2D-works. Good call.

Deleted

1. Commons:Deletion requests/File:Abstract graffiti in Piazzale Pino Pascali 09.JPG
   • Deleted by Ymblanter for being a Derivative work of the graffiti-artwork, as well as the graffiti itself being a DW of Disney's Donald Duck.
2. Commons:Deletion requests/File:Abstract graffiti in Piazzale Pino Pascali 11.JPG
   • Deleted by A.Savin for not being excluded under Freedom of Panorama, nor being within Commons educational scope.
3. Commons:Deletion requests/File:Abstract graffiti in Piazzale Pino Pascali 08.JPG
   • Deleted by A.Savin for not being excluded under Freedom of Panorama, nor being within Commons educational scope.
4. Commons:Deletion requests/File:Abstract graffiti in Piazzale Pino Pascali 04.JPG
   • Deleted by A.Savin for not being excluded under Freedom of Panorama, nor being within Commons educational scope.
5. Commons:Deletion requests/File:LG graffiti 1.jpg
   • Deleted by Natuur12 per COM:PRP.
6. Commons:Deletion requests/File:Abstract graffiti in Piazzale Pino Pascali 01.JPG
   • Deleted by Natuur12.
7. Commons:Deletion requests/File:Wild Style Le Havre jnl.jpg
   • Deleted by Natuur12.
8. Commons:Deletion requests/File:Impasse Saint-Denis, Paris 3 July 2015.jpg
   • Deleted by Natuur12.
9. Commons:Deletion requests/File:Abstract graffiti in Piazzale Pino Pascali 02.JPG
   • Deleted by Natuur12.
10. Commons:Deletion requests/File:The Owls are not What They Seem (12130594676).jpg
    • Deleted by Natuur12. Evidence was provided that this was a legal mural, and not an illegal graffiti, and therefore not exempt under FoP.