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The architect (or the artist), Robert Mallet-Stevens, died in 1945. There is no Freedom of panorama in France. Cette œuvre de Robert Mallet-Stevens, mort en 1945 ne peut être diffusée sous licence libre. En effet, la loi sur le droit d'auteur en France interdit toute diffusion de reproductions d'une œuvre sans le consentement de l'auteur ou de ses ayant-droits, et ce jusque 70 ans après le décès de l'auteur (pas de liberté de panorama). Sauf cas particulier, cette photo sera restaurée sur Wikimedia Commons en janvier 2016. Trizekfrom FR22:47, 8 September 2015 (UTC)[reply]
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Deutsch: Meiner Ansicht nach ist dies kein Fall von "PD-Art" oder "PD-old-70". Der Schöpfer des Gemäldes (Oswald Birley) starb 1950. Damit ist der Bildinhalt nicht gemeinfrei, damit ist eine Bedingungen für PD-Art nicht erfüllt.
English: In my opinion this is not a case of "PD-art" or "PD-old-70". The creator of the painting (Oswald Birley) died in 1950. Thus, the contend of the image is not public domain
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The information on the description is taken straight from a promotional website, and the photo doesn't look like it is self made either. OTRS needed to confirm license. It's also the only edit by uploader. -- Deadstar (msg) 11:58, 8 September 2015 (UTC)[reply]
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I would tag this {{Npd}}, however it is highly used and three years old. A "Garvin Gray" - the photographer credited in this file's information template has stated that the license is incorrect and he is not the uploader in this OTRS ticket. Storkk (talk) 12:00, 8 September 2015 (UTC)[reply]
Comment the OTRS ticket claiming that this is a copyright violation seems convincing to me. I'd like to point out, though, that Garvingray (talk·contribs) added himself as the photographer to the information template. Reading my rationale above, it might seem that he was so credited by the initial uploader. Either way, I think we should delete unless Antwain (talk·contribs), a 1-global-edit account, miraculously shows up with convincing evidence. Storkk (talk) 11:08, 9 September 2015 (UTC)[reply]
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I passed this image and got a warning that this flickr account is blacklisted So, I am filing this DR and reverted my flickrpass. Regards. Leoboudv (talk) 08:14, 8 September 2015 (UTC)[reply]
As someone who's been a Commons member for nine years, I say this isn't a problem. This is a European Union entity, not some fly-by-night operation; we can trust that they have the rights to the images they upload. Images credited to individuals, like this one, can be trusted to be works for hire or works for which they contracted to obtain the rights. Meanwhile, we accept conflicting permissions statements if they're supplied by the same source and at least one is fine; even if the EFIX says "Editorial use only", an image is fine if they provide a Commons-accepted license on Flickr. NB, I've seen images with "Copyrighted" in the EXIF that are tagged as PD-self at upload by their creators; we won't delete them on those grounds. And finally, as a new admin, I would like to close this as "not a problem", but I don't know how properly to close a discussion, and I'm not sure that immediate closure be the best solution here anyway. Nyttend (talk) 00:40, 3 October 2015 (UTC)[reply]
Kept: This particular image was specifically tagged as CC-BY-SA-2.0, which is an acceptable license, and the EXIF information does not indicate a more restrictive license. There is a statement in the Flickr accounts profile about 'prior permission' being required for non-educational use in some cases, but it is reasonable to assume that the explicit release under a license without such restrictions constitutes such a permission. It's worth nothing, given the comments in their profile, that none of the persons in the image are individually identifiable. @Nyttend: Turn on the 'DelReqHandler' gadget, under 'Tools for authorized users'. Revent (talk) 21:45, 4 October 2015 (UTC)[reply]
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The subject of the photos is a sculpture by Eduardo Castrillo unveiled in the 1970s. Castrillo died in 2016 and copyright for sculptures in the Philippines lasts for 50 years after its sculptor's death. So until 2067, publication of photos of this monument would need the consent of the author's heirs since they are considered derivatives. There is also no FoP in the Philippines.
Thanks for your messages and good afternoon from hereat Bulacan, Philippines; before I took pictures of the landmarks in Santa Cruz, Manila, I proceeded to the nearby Barangay hall of the area concerned and inquired about the tourist spots; I was told that all the works thereat are owned by the City of Manila Government and some of the National Government, hence exempted from the coverage of prohibitions on Copyright law; I was granted express permission, and everybody takes selfies thereat; hence, I respectfully submit to the sound discretion of editors on the matter and very sincerely Judgefloro (talk) 04:58, 4 February 2020 (UTC)[reply]
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Sculptor Peter de Guzman is still alive. The monument was unveiled in 1995. There is no Freedom of Panorama in the Philippines and copyright for sculptures lasts for 50 years after the author's death.
Thanks for your message; before I took pictures of the subjects I proceeded to Intramuros Adminstration Office and I was granted permission and even assistance in the photography, respectfully submitted Judgefloro 06:35, 22 March 2019 (UTC)
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No freedom of panorama in the Philippines. According to this website, the sculptures were commissioned by Napoleon Abueva, who died in 2018. Copyright in the Philippines last for 50 years after the death of he author (2018 51=2069).
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Hello Kelly, actually, it was a repeated request on my talk page to take photos of this Landmark in Quezon city, Request by TagaSanPedroAko (Let's talk/Usap tayo); before I took photos, I asked express permission from the Quezon Circle and since the public was invited to the opening after Renovation of this Museum of the Memorial, we paid required minimal fees for entrance due to their educational and tourism values; all these are theirs, and almost all visitors take pictures; and it is respectfully submitted that under Philippine Laws, this falls under the exception to the rule on copyright law; but since, USA laws may be over and above this matter, I respectfully state that I have no objection to the deletion, sincerely and best wishes, Judgefloro (talk) 15:60 8 September 2015 (UTC)
Because it is not only the power but the sworn duty and mandate under Philippine Copyright laws and its implementing Rules and Regulations - Intellectual Property Code of the Philippines, officially known as Republic Act No. 8293, to issue a direct answer in writing upon written request, on the FOP issue under Commons, I, as User and editor of Commons personally went to and filed separate and duly marked and received by the respective offices of the a) National Historical Institutute, b) NCCA, c) Copyright Division of the Natonal Library, and c) IPO, requesting a Ruling of FOP, on the very issues in Wikimedia Commons; as proof may I quote the following: Category:National Historical Commission of the Philippines Building 92 photos Category:National Commission for Culture and the Arts (Philippines), photo of the duly signed and received Petition of Judge Floro and the Highly secured Office of Director Blancafloro, Category:Intellectual Property Center IP PHL 29 photos; the best proof, is that this Office could not possible be photographed if the photographer is not known to the Office itself, due to security reasons; please note, that due to integrity and personaly belief in principles, Judge Floro never followed up his petition for reasons - Judge Floro is the classmate of brother of sisters Attys. Yulos, both sugar magnate of Laguna Province; the Director of IPO in these photos is very related to Atty. Yulo; hence, how can this very office be photographed without the very courtesy granted to Judge Floro by the the lawyer since Director Blancaflor s abroad; I quote the following: "IPO Letter and Petition filed [2] IPO Letter FoP filed with the IPO Bureau of Copyright newly created by amendment law of 2013; the IPO promised to render and issue a legal opinion after arrival of the Director from abroad.IPO Letter FoP--Judgefloro (talk) 01:30, 7 March 2014 (UTC)"[reply]
Category:Intellectual Property Center IP PHL, in this building which I photographed including the 16th floor office of Director Blancaflor, I discussed the matter of my Petition on FoP with Atty. Limbo who said that the newly created on 2013 Bureau of Copyright will be the one under Director Blancaflor who is abroad but will be back soon to render and release a legal opinion on my Petition, Letter. --Judgefloro (talk) 02:35, 8 March 2014 (UTC)" : Considering that until now they failed to issue the promised Reply to Solve all the legal ramifications of the FoP, in good faith, I uploaded photos of Judge Florentino Floro who donated to me all these images, understanding that I leave the matter of deletion to any and all editors who deem it proper to raise these issues; suffice it to say that I was granted express but verbal permission to photography these photos for deletion, hence, I have no objection to the deletion and I hope my argument be duly noted, and sincerely, best regards, thanks --Judgefloro 14:53, 12 September 2015 (UTC)[reply]
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Delete I have no objection to the deletion of my contributions. Also no current PD-Philippines tag is applicable that will protect Freedom of Panorama Markoolio97 (talk) 00:23, 7 February 2019 (UTC)[reply]
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the entry at wikipwdia states it was erected in 1973. possibly the sculptor died recently or sometime between 1980 or 2010. no freedom of pano in the phils that allows all and free forms of reuse of photos of copyrighted bldgs and sculptures that doesnt compromise the rights of the creators or their heirs within the 50 yr copyright duration period
Keep Because the photos are unimportant DE MINIS so to speak and the photos are part of Tourist attractions or Heritage of the Local or National Government and theTourism Office of the Philippines, including the Museum of Political Arts etc. granted me express permissions to take Tourist and interesting points photos for it is for their political advantages in the comming election, hosting for free in a great encyclopedia; hence DE MINIS in Commons and Phil Law; No copyright exists in them, and
In support of my stance, opposition to the deltion and inputs, I am respectfully submitting to the editors and Commons adminstrators my legal treatise on the matter as I copy paste and discuss Strong Evidence against the Nominators Mass Deletion Requests, to wit:
I already talked with the IPO lawyers and they told me that they agree with my Cited Sycip Salazar secondary authorities that all your Mass Deletions are covered by Trifles or De Minimis, meaning Copyright Law does not prohibit Uploading in Commons on FOP; your position has no leg to stand while my OBJECTIONS to your Mass Deletions are supported not only by a) USA Jurisprudence b) very learned treatises of a Top Law Firm like Sycip Salazar, c) verbal replies to my queries by IPO lawyers and d) tons of Legal Discussions on the Matter; an editor here cannot just say this or that is Copyright law; I cited Statutory Construction and Legal Maxim rules, while you just copy paste the Law; nobody can say this is the meaning of the Copyright law without laying the predicate; even if there is no square ruling from the Supreme Court on FOP uploading, still, the secondary authorities and Learned lawyer's writings I quoted suffice to say that all your Mass Deletions have no leg to stand: I await the IPO and its Bureau on a Specific Ruling backing the verbal replies they gave to me and or DOJ Secretary's Opinion which is over and above the IPO's would be rulings; In Time, all our deleted photos would be undeleted, since they are just in the files of Commons;
Rejoinder II : the case of Yuraily Lic is 100x different in the Philippine Mass Deletions: Reason: our 2012 Cybercrime and Stalking Law is absolutely different from theirs, if any: I have no objection to Deletions by any editor or administrator regarding FOP cases in Philippines, but, but and but - the Mass Deletions Requests placed on my talk page since September by a single new editor falls squarely with the 4 corners of Cybercrime
* (My midnight thoughts out of no FOP in the Philippines frustration) It seems you are a "disciple" or follower of Yuraily Lic! I can notice your DR's nearly similar to their's, and Yuraily had an issue similar to yours at Commons:Administrators' noticeboard/User problems/Archive 79#Yuraily Lic, mass tagging and nominating copyrighted buildings and artworks for no FOP reasons with little or no evidences (other than links to Commons pages). Just my thoughts only. BTW, you seem to have some luck today, as the latest (as of today) copyright-related webinars in our country — the October 30, 2020 FB Live webinar of the Office for Alternative Dispute Resolution (OADR) (in which important people from IPOPHL were among its principal guests) — has no mention of FoP, de minimis or whatsoever. But nevertheless, our call and advocacy for full FOP in the Philippines continues, albeit intermittently now. JWilz12345(Talk|Contrib's.)17:20, 9 November 2020 (UTC)"[reply]
Q. What are the elements of the 2012 CybercrIme vis-a-vis Commons Mass Deletions in my Talk page? A. they are: from hacking to attacks online a) using a john or jane doe or anonymous account b) hiding the identity by use of such alternate accounts c) via a habit, scheme or design d) to attempt to delete, erase or in any manner take meta or mass date like photos from any internet site or legitimate forum, device or even media like Commons, Wikipedia, Flickr, phot bucket, Facebook; vide: SECTION 1 (h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law. SEC. 4. Cybercrime Offenses. —(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
Finally, I am submitting this proof to Commons Admins that your Deletion Request is not only without basis but a scheme, habit or plan to take off Valid Photos in Commons; the Statues is 18th Century; it took me 2 days to research on this to prove to Commons Administrators that this and most of your Mass Deletions are unlawful and contrary to Philippine Laws;
How does an 18th Century Statue of Pampanga De La Merced which is a National Treasure be clothed with Copyright? How, How and How?" sincerely respectfully submitted; very sincerely Judgefloro (talk) 06:30, 25 October 2020 (UTC)[reply]
Intellectual Property Mediation and many other innovations to prevent long court litigations does not make law; as I said only the present not past S. C. ruling on FOP will put finis to all of these pros and cons upon FOP including the finer points of law or grey areas of Copy fair use vio etc. At the very least, an IPO or DOJ not declining to issue Replies to any Letters of ours or yours, will suffice for the moment as Basis of Commons community of editors and admins to create a policy on FOP deletions or undelitions; may I repeat and underscore that even the SC of USA and ours often issue Bad Law or highly divided rulings like 5-4 or here 8-7 not beating the greatest Phil case of Javellana vs. Secretary which made infidels and believers stand weeping or even dancing during the Bagong Lipunan; I admit that there are Commons exact rules like on packaging and the like that does not need debate; for me this is the very beauty fo the Philosopy of Commons or its Founders that pros and cons here make this Commons world better that SC court USA and Phil toss coin decisions, specifically in the 9th Circus Court of California as CA Justice William Bedsworth wroth on me the the 3 elves; I am for inclusion ... thus you see my redundancy and duplicates ... but as I said, I am ahead of your times as I told Justice Regino C. Hermosisima, Jr. at 6:00 pm of Dec 24, 1999 Xmas my first Suspension Holiday : he scolded me for being off-tangent, off- topic; I told him that I am not of this world itong mundong mapaghuzga; soon, the Supreme Court will steal my Robes, Gavel and Golden Br. 73 Throne with is mine until age 70 or 2023 ... my names which as you said precedes all the SC Justices your nominated who cannot even hold my 87.55% Bar rating 12th Place Bar 1983, where UP Summa Cum Laude Napoleon Poblador now one to the top lawyers, failed to land in top 20 due to very low grade in Taxation which I topped at 86%; my classmate Ramon Caguioa sat beside us as my name made noises in the Ateneo since I could cite Volumes of the SCRA in exams but not the pages which is the only property of Ferdinand Edralin Marcos during the Arturo M. Tolentino debates; his younger brother Benjamin now Senior and candidate for CJ was nobody in the Ateneo; I say and know the Law, and I do not commit mistake; I am primary authority; but I underscore that I am co-equal with any editor here and I am just putting or sharing this input because of the present most difficult Mass Deletions that we experience, moro moro or moral farce so to speak; I have never contested nor objected to Deletions Request since my pictures are the subject and I stay neutral; that is why I created this Template: "Respectfully submitted to the sound discretion of editors and I have no objection to the Deletion ..." But Commons is facing a Signal No. 500 Mass Deletions ... and I still have no time yet as of this moment to finis my Legal Treatise to answer the Long Lines of Mass Deletions that appears in my Talk Page; one side of the coin like a pro or a coin can create here an alternate account and start the Mass Deletions; of course, the Mass Deletions were started since the editor said it, she or he is smart, and then admitted after being blocked to have done a great wrong... but then stated that a professor advised that the idea of Mass Deletions starting from smart notion could .... and I countered that my Fish Vendor and hired trike driver told me not to take photos of the fishes and the food Isusumbong nila ako kay Mayor; It's A Frank ... for gullibles and moro moro players I cannot like Justice William Bedsworth wait for the Next Mass Deletions to be copy pasted in my Talk Page;
I fervently hope that Commons editors would wait for the Reply or replies to my 2 letters or your would be filed draft to final letters to IPO or DOJ secretary; in the meantime; : "Respectfully submitted ..." as I register my Strong Objection to the Mass Deletions of a single Nominator very sincerely Judgefloro (talk) 07:47, 10 November 2020 (UTC)[reply]
Delete most (Keep four showing general views), as no COM:FOP Philippines. According to Tupang Gala website, the creator of the statue called Spirit of Pinaglabanan was w:Eduardo Castrillo who died in 2016. The sculpture will fall public domain in 2067 (50 1 years after his death), but as a non-architectural artwork outside the U.S. that complies with COM:URAA, undelete in 2070 (95 1 years after its erection a.k.a. "publication" date, which was 1974). The fact that government owns this work doesn't necessarily mean it is not covered by copyright, especially if it is commissioned (see sections "Commissioned work" and "Government work" at COM:Philippines). JWilz12345(Talk|Contrib's.)12:34, 6 January 2021 (UTC)[reply]
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Hello Kelly, before I took photos, I asked express permission from the management and officers, and I was even assisted since the public was invited to the due to their educational and tourism values; all these are theirs, and almost all visitors take pictures; here in the Philippines, there are lots of Facebook and other photo takers, and it is respectfully submitted that under Philippine Laws, this falls under the exception to the rule on copyright law; but since, USA laws may be over and above this matter, I respectfully state that I have no objection to the deletion, sincerely and best wishes, Judgefloro (talk) 15:60 8 September 2015 (UTC)
Because it is not only the power but the sworn duty and mandate under Philippine Copyright laws and its implementing Rules and Regulations - Intellectual Property Code of the Philippines, officially known as Republic Act No. 8293, to issue a direct answer in writing upon written request, on the FOP issue under Commons, I, as User and editor of Commons personally went to and filed separate and duly marked and received by the respective offices of the a) National Historical Institutute, b) NCCA, c) Copyright Division of the Natonal Library, and c) IPO, requesting a Ruling of FOP, on the very issues in Wikimedia Commons; as proof may I quote the following: Category:National Historical Commission of the Philippines Building 92 photos Category:National Commission for Culture and the Arts (Philippines), photo of the duly signed and received Petition of Judge Floro and the Highly secured Office of Director Blancafloro, Category:Intellectual Property Center IP PHL 29 photos; the best proof, is that this Office could not possible be photographed if the photographer is not known to the Office itself, due to security reasons; please note, that due to integrity and personaly belief in principles, Judge Floro never followed up his petition for reasons - Judge Floro is the classmate of brother of sisters Attys. Yulos, both sugar magnate of Laguna Province; the Director of IPO in these photos is very related to Atty. Yulo; hence, how can this very office be photographed without the very courtesy granted to Judge Floro by the the lawyer since Director Blancaflor s abroad; I quote the following: "IPO Letter and Petition filed [3] IPO Letter FoP filed with the IPO Bureau of Copyright newly created by amendment law of 2013; the IPO promised to render and issue a legal opinion after arrival of the Director from abroad.IPO Letter FoP--Judgefloro (talk) 01:30, 7 March 2014 (UTC)"[reply]
Category:Intellectual Property Center IP PHL, in this building which I photographed including the 16th floor office of Director Blancaflor, I discussed the matter of my Petition on FoP with Atty. Limbo who said that the newly created on 2013 Bureau of Copyright will be the one under Director Blancaflor who is abroad but will be back soon to render and release a legal opinion on my Petition, Letter. --Judgefloro (talk) 02:35, 8 March 2014 (UTC)" : Considering that until now they failed to issue the promised Reply to Solve all the legal ramifications of the FoP, in good faith, I uploaded photos of Judge Florentino Floro who donated to me all these images, understanding that I leave the matter of deletion to any and all editors who deem it proper to raise these issues; suffice it to say that I was granted express but verbal permission to photography these photos for deletion, hence, I have no objection to the deletion and I hope my argument be duly noted, and sincerely, best regards, thanks --Judgefloro 14:53, 12 September 2015 (UTC)[reply]
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Thanks for your message and concern, I have no objection to the deletion, I note however, that I and many students take pictures of this very public place, best regards.Judgefloro (talk) 12:20, 8 September 2015 (UTC)[reply]
IPO Letter FoP to IPO Director and other Heads of the 3 Copyright Philippine Offices - Because it is not only the power but the sworn duty and mandate under Philippine Copyright laws and its implementing Rules and Regulations - Intellectual Property Code of the Philippines, officially known as Republic Act No. 8293, to issue a direct answer in writing upon written request, on the FOP issue under Commons, I, as User and editor of Commons personally went to and filed separate and duly marked and received by the respective offices of the a) National Historical Institutute, b) NCCA, c) Copyright Division of the Natonal Library, and c) IPO, requesting a Ruling of FOP, on the very issues in Wikimedia Commons; as proof may I quote the following: Category:National Historical Commission of the Philippines Building 92 photos Category:National Commission for Culture and the Arts (Philippines), photo of the duly signed and received Petition of Judge Floro and the Highly secured Office of Director Blancafloro, Category:Intellectual Property Center IP PHL 29 photos; the best proof, is that this Office could not possible be photographed if the photographer is not known to the Office itself, due to security reasons; please note, that due to integrity and personaly belief in principles, Judge Floro never followed up his petition for reasons - Judge Floro is the classmate of brother of sisters Attys. Yulos, both sugar magnate of Laguna Province; the Director of IPO in these photos is very related to Atty. Yulo; hence, how can this very office be photographed without the very courtesy granted to Judge Floro by the the lawyer since Director Blancaflor s abroad; I quote the following: "IPO Letter and Petition filed [4] IPO Letter FoP filed with the IPO Bureau of Copyright newly created by amendment law of 2013; the IPO promised to render and issue a legal opinion after arrival of the Director from abroad.IPO Letter FoP--Judgefloro (talk) 01:30, 7 March 2014 (UTC)"[reply]
Category:Intellectual Property Center IP PHL, in this building which I photographed including the 16th floor office of Director Blancaflor, I discussed the matter of my Petition on FoP with Atty. Limbo who said that the newly created on 2013 Bureau of Copyright will be the one under Director Blancaflor who is abroad but will be back soon to render and release a legal opinion on my Petition, Letter. --Judgefloro (talk) 02:35, 8 March 2014 (UTC)" : Considering that until now they failed to issue the promised Reply to Solve all the legal ramifications of the FoP, in good faith, I uploaded photos of Judge Florentino Floro who donated to me all these images, understanding that I leave the matter of deletion to any and all editors who deem it proper to raise these issues; suffice it to say that I was granted express but verbal permission to photography these photos for deletion, hence, I have no objection to the deletion and I hope my argument be duly noted, and sincerely, best regards, thanks --Judgefloro 14:54, 12 September 2015 (UTC)[reply]
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These busts are among the 20 bronze sculptures of heroes in Rizal Park unveiled in 1998 and sculpted by Ros Arcilla, who is apparently still alive (source). These sculptures are still copyrighted in the Philippines which has no Commons-compatible Freedom of Panorama provision.
A humble but fervent appeal to Commons editors and administrators to look into the following history
please Keep all the photos nominated by this User on Legal grounds a) probable cause for violation of Philippine Cyberstalking and Cybercrime of 2012 b) a reasonable ground to believe that the Mass Deletions by this Nominator will Erase so many files from the Ownership of Commons resulting to irreparable damage and injury not only to Wikimedia Commons foundation but to the Cultural heritage of the Philippines and Tourism, landmarks and interesting points that are created here for the Next Gen and Millennials
Inputs by Judgefloro
Argument and Legal discussion with registration of a very strong Legal Objection to the Continuous Mass Deletions of herein Nominator who is not even Armed with IPO or DOJ Replies, Circulars and S.C. Jurisprudence or USA rulings on FOP; it is humbly submitted that the Mass Nominations are reckless and disturbing: here are my Legal reasons to Keep all the photos Nominated for Deletion by herein Nominator:
Commons:Requests for checkuser/Case/Howhontanozaz On hold - Need to discuss results with other CUs. Started on 9 September 2020 "Reason: I have had suspicions on Mrcl lxmna being a sockpuppet, since being a relatively new account but having the experience to do mass DR (typically newbies have no idea what a DR is let alone filing multiple files into a single DR) on Philippines related photographs (mostly on the basis of no FoP) and have a VFC script (which newbies struggle to understand). It has been brought to my attention by User:MGA73 on COM:AN/U that Howhontanozaz has been filing mass DR as well under the very same reasons as Mrcl lxmna. While the spelling used by Mrcl lxmna is sloppy shorthand the reasoning given are similar (Example) to those given by Howhontanozaz (Example). Bidgee (talk) 17:52, 9 September 2020 (UTC) Kindly block this account, its child account Mrcl_lxmna and IP range of 120.29.109.24 for reckless DRs. --exec8 (talk) 21:49, 9 September 2020 (UTC) User:Exec8 This is a data gathering exercise and checks will be run (or not run) based on actual evidence provided and our own assessment of its (de)merits. : Conclusion: On hold only but not dismissed;
Other editors or Administrators may re-nominate these subject photos in the future, once the IPO and DOJ Secretary issues Rulings on my 2 Letters;
Local government property and National Government properties are outside the scope for Copyright Law for it is the Local Government Code of 1991 that applies vis-à-vis RA 3019 Graft Law
DE MINIMIS: a legal bars to the Deletion of these photos
Keep Because the photos Historical National Treasures or at the very least, DE MINIS so to speak, in Philippine Law and Jurisprudence; and the photos are part of Tourist attractions or Heritage of the Local or National Government and the Tourism Office of the Philippines, including the Museum of Political Arts etc. granted me express permissions to take Tourist and interesting points-to-point angular photos, for the pictures uploaded are for their political advantages in the coming election, being hosted for free in a great encyclopedia; hence DE MINIS in Commons and Philippine Copyright - Intellectual property Law; No copyright exists in them;
I contradict argument that artists or sculptors and architects did not transfer their rights to the Administrator or owner of all these, like Rizal Park Administration; for how can the Government build build build any property without owning the accessories; this is a legal absurdity; accessory including all moral and absolute rights are ipso facto transferred to the Government or its agencies when it is the principal Owner in Fee simple or title holder;
In support of my stance, opposition to the deletion and inputs, I am respectfully submitting to the editors and Commons administrators my legal treatise on the matter as I copy paste and discuss Strong Evidence against the Smart One - Nominator of Mass Deletion Requests, to wit:
I already talked with the IPO lawyers and they told me that they agree with my Cited Sycip Salazar secondary authorities that all your Mass Deletions are covered by Trifles or De Minimis, meaning Copyright Law does not prohibit Uploading in Commons on FOP; your position has no leg to stand while my OBJECTIONS to your Mass Deletions are supported not only by a) USA Jurisprudence b) very learned treatises of a Top Law Firm like Sycip Salazar, c) verbal replies to my queries by IPO lawyers and d) tons of Legal Discussions on the Matter; an editor here cannot just say this or that is Copyright law; I cited Statutory Construction and Legal Maxim rules, while you just copy paste the Law; nobody can say this is the meaning of the Copyright law without laying the predicate; even if there is no square ruling from the Supreme Court on FOP uploading, still, the secondary authorities and Learned lawyer's writings I quoted suffice to say that all your Mass Deletions have no leg to stand: I await the IPO and its Bureau on a Specific Ruling backing the verbal replies they gave to me and or DOJ Secretary's Opinion which is over and above the IPO's would be rulings; In Time, all our deleted photos would be undeleted, since they are just in the files of Commons;
Q. What are the elements of the 2012 CybercrIme vis-à-vis Commons Mass Deletions in my Talk page? A. they are: from hacking to attacks online a) using a john or jane doe or anonymous account b) hiding the identity by use of such alternate accounts c) via a habit, scheme or design d) to attempt to delete, erase or in any manner take meta or mass date like photos from any internet site or legitimate forum, device or even media like Commons, Wikipedia, Flickr, phot bucket, Facebook; vide: SECTION 1 (h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law. SEC. 4. Cybercrime Offenses. —(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
Q. What are the elements of the 2012 Cybercrime vis-à-vis Commons Mass Deletions in my Talk page? A. they are: from hacking to attacks online a) using a john or jane doe or anonymous account b) hiding the identity by use of such alternate accounts c) via a habit, scheme or design d) to attempt to delete, erase or in any manner take meta or mass date like photos from any internet site or legitimate forum, device or even media like Commons, Wikipedia, Flickr, phot bucket, Facebook; vide: SECTION 1 (h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law. SEC. 4. Cybercrime Offenses. —(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
KeepSec. 176. Works of the Government. - Chapter IV WORKS NOT PROTECTED 176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit.
My Legal Challenge to the herein Nominator of Mass Deletions Requests: why don't you email the IPO Director or Bureau of Copyright Head, as I did before (letters to IPO Director and Directress) or the DOJ Secretary and submit your questions - Deletion requests here in Commons with specifics for Ruling, Reply and Opinion pending or awaiting a S.C. Ruling on FOP Commons Uploading vis-à-vis Copyright Infringement or De Minimis; and the very Lis Mota or Cruz of the Matter: Whether or not any editor of commons, including you, may ask for deletion of FOP photos allegedly owned but not proven by the Artist sculptor or Architect - heirs? Judgefloro (talk) 07:02, 3 January 2021 (UTC)[reply]
Comment to @Judgefloro: the sockpuppetry accusation against Howhontanozaz was weak and since having no hard evidences, that investigation ended up closed in a natural manner (archival). And take note, Howhontanozaz is one of a few Pinoy Wikipedians whom I contacted personally on Messenger (others include HueMan1, Exec8, IanLopez1117, Sky Harbor, and Higad Rail Fan), and this finally debunks any claim of Mrcl lxmna - Howhontanozaz connection. Any further accusations to be made by you may "boomerang" towards you (possibly instead of helping your defense, you may be faced at COM:ANU), so let us stop any more accusation (besides, that troll-like newbie nominator seems to have become tired, as I can no longer see their added nominations since late November). Like what many admins said before, let us stick the discussion to the nature of the FoP-reliant subject and not accusing the nominator themself.
For the work — the busts at Rizal Park by sculptor Ros Arcilla. While the government owns such artistic works (or even buildings like Malacañang Palace), their ownership doesn't automatically waive any subsisting copyright which is held by the creators. See also COM:CRT/Philippines#Government works (supported by Section 176.3 of the Republic Act No. 8293). For this case, there should be evidence that Arcilla did indeed transferred his copyright to the Rizal Park administration (via formal contract), otherwise the due ownership of copyright remains witg him. Payment of fees do not remove copyright ownership: Section 178.4 speaks of the commissioned works: "In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary." Per Commons:PCP, these files cannot be hosted here without concrete evidence that Arcilla (by contract) transferred his copyright.
Browsing through several images, none of them are de minimis: they are neither incidental nor accessory. So I'm afraid that all these should go. If possible, you must contact the management to ask "who is the copyright holder of the busts" (not "who owns the busts"). If they will respond that Arcilla indeed transferred his copyright via a contract (not a fee), such claim should be forwarded to COM:OTRS via email. Otherwise, these will remain deleted until FOP comes here in the Philippines. And it is not the nominator's or the Commons editors and admins to prove: Commons:Project scope/Evidence states that "the burden of proof lies on the uploader or other person arguing for the file to be retained."
By the way, I searched about the sculptor. According to [5], Ros Arcilla (or full name Rosalio Beltran Arcilla, Jr. was born in 1939, and died in 2006. So these sculptures will fall PD by 2057 (50 1 years after his death). But, as an artwork eligible for copyright in the United States (COM:URAA), I'm afraid these won't be undeleted until 2094 (95 1 years after the date of publication of the work, for this case the erection of busts in 1998). Unless FOP is finally introduced here. JWilz12345(Talk|Contrib's.)08:38, 3 January 2021 (UTC)[reply]
@Howhontanozaz: I'm not sure about this, but per comments by some admins here foreign works are protected for 95 years after the date of publication. Since this work was created in 1998, the time of URAA restoration (or establishment) of U.S. copyright for all Philippine works still in copyright, it passes URAA requirements. But URAA concept is too complicated (it doesn't apply to all non-U.S.buildings fortunately). I tend to apply the "date of publication 95 years". Pinging @Clindberg: for further clarification on URAA and when will Mr. Arcilla's busts at Rizal Park fall PD in the U.S.A.? JWilz12345(Talk|Contrib's.)07:44, 4 January 2021 (UTC)[reply]
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La esfera es de autor desconocido y unos arqueólogos dicen que datan de unos 2.000 años y otros hasta 12.000 años, la escultura es de autor desconocido y bastante antigua, en todo caso son propiedad del Estado, colocado en un edificio público propiedad del Estado: la Asamblea Legislativa, por lo cual queda fuera de las restricciones del libre panorama según la Ley de Derechos de Autor y Derechos Conexos No. 6683, según criterio jurídico consultado.--Axxis10 (talk) 20:44, 8 September 2015 (UTC)[reply]
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Out of scope - Video is not used by any project, has no educational value, and is part of an effort by IP editors to add a video of defecation on the en.Wikipedia defecation page, despite clear consensus against it. EvergreenFir (talk) 01:54, 8 September 2015 (UTC)[reply]
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Photo states on en.wiki, where the file was uploaded as File:Isaak Moiseevich Milin.jpg, that the image is from the family archives. It's a professional shot, unlikely to be the uploader's own work for these reasons. Diannaa (talk) 01:59, 8 September 2015 (UTC)[reply]
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You can delete it if you think this track is not interesting but this upload is not self promotion. And you know it. You have browsed all the tracks I have uploaded and you know that they come from different authors. ftiercel (talk) 20:22, 8 September 2015 (UTC)[reply]
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Coat of arms (brasão) of Brazilian municipality pt:Jaguariaíva created per municipal law Lei nº 1636 de 18 de julho de 2005 only in 2005 (collaborative work with input from "Arcinoé Antonio Peixoto de Faria"), failing {{PD-BrazilGov}} = "(...) published or commissioned (...) prior to 1983." No trivial text/shape logo, failing {{PD-textlogo}}/{{PD-shape}}. All coats of arms and flags of Brazilian municipalities are established by municipal law. Generally for most of the Brazilian coats of arms and flags: unlikely also that these symbols were digitized in there present form prior to 1983 (when "Internet" was available only for a few institutions, TCP/IP was standardized in 1982). Their creation date could be quite recent, maybe not even by an employee of the Brazilian government (mostly some years after official federal constitution, see also this extreme case, where a Brazilian municipality created his official symbols in 2014: 81 years after emancipation...). The actual Brazilian copyright law from 1998 makes no exception for government works.
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Different than "institutional symbols" (Symbols created to describe the municipality, state or federal government) which have copyrights defined (to that municipality), the flags, anthem and coats are per si public works. The law can be dated as an recently act, but in most cases the flag and coats are official symbols since older times, and the act comes to give an new text, add, edit or remove an official symbol. in this case, state symbols like the Coat of Arms of Ceará are eligible to deletion, since even being public symbol, are created, recognized or edited after 1998Jose8122 (talk) 02:25, 25 July 2017 (UTC)[reply]
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This file has the typical licensing information. The only bit of uncertainty surrounds the date. Most sources list the date as 'circa 1922'. We know that it was accepted for a prominent annual exhibition in the spring of 1923, but it is unknown if the painting was shown publicly before that (or when the painting was actually created). Without more information, we may want to delete the file to be safe. Kaldari (talk) 16:48, 8 September 2015 (UTC)[reply]
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Hey Jergen, it's true that I do not hold the copyright for this file. Meaning your right with your request for deletion. Still the owner asked me to use this file (Not the one I used before), because it's thaught to be used on the internet for representation of the Nerother Wandervogel. Since it's true that I have no prove at all of what I say I wanted to ask you weather there is any posibility to prove my right to use the file?
Thanks for your help!--Paulito89 (talk) 09:58, 8 September 2015 (UTC)[reply]
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The file was uploaded into linked site on 1st of April 2013, but into Commons earlier, on 13rd of March 2013. And I nominated the "better" photo for deletion, because "own work" is dubious. Taivo (talk) 10:30, 10 September 2015 (UTC)[reply]
Does it make sense to delete the "better picture" and not to delete the file Prince Ferfried of Hohenzollern.jpg which is also dubious? --Ernstol (talk) 09:11, 21 September 2015 (UTC)[reply]
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Copyright problematic. A picture with such a poor quality can not be the original photograph. File not used. Other pictures available. The quality of the picture is not acceptable.--Basil Dearden (talk) 18:33, 3 January 2018 (UTC)[reply]
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Keep at least for images depicting solely the plaques and the seal of Mexico which is public domain. Text or any official translation thereof is non copyright able. According to Philippine copyright law.--Hariboneagle927 (talk) 17:34, 2 October 2015 (UTC)[reply]
Deleted: Not below TOO and when it comes to the seal: while the original is surely PD I highly doubt that the sculpture doesn't hold a copyright for this specific rendering. Natuur12 (talk) 15:59, 12 October 2015 (UTC)[reply]
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Photo seems to be part of a promotional campaign to warn against malaria/promote malarial drug. It's unlikely self made. All user's uploads and the username refer to the campaign. This photo is used here for instance. The page is copyrighted. -- Deadstar (msg) 16:08, 8 September 2015 (UTC)[reply]
Also nominating the rest of the user's uploads except the logo (which is pd-text). None of these are likely self made, and OTRS is needed if uploader is handling on behalf of the Malaria40 program and is authorised.:
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@Amitie 10g: - It's a satellite image overlaid onto Google Earth. Base map is provided by Google, satellite is by NASA. Uploader cited Google Earth as their source. There are numerous free alternatives to this provided directly through NASA and NOAA. Cyclonebiskit (talk) 20:46, 8 September 2015 (UTC)[reply]
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There seem to be a handful out of the 100,000 supplied by disk with these odd problems. In this case the version available via the gallery page for 'manual' download in hires seems a perfect replacement after cropping off the credit bar. If you spot any more, it's worth investigating the source links given for possible replacement. --Fæ (talk) 18:55, 8 September 2015 (UTC)[reply]
I have to admit I don't really understand what you answered but I suppose launching a DR might not be the most clever thing to do since it seems to be a technical problem only, is it ? Sorry for that. --TwoWings * to talk or not to talk...20:13, 9 September 2015 (UTC)[reply]
Yes, it was a technical problem with the image originally given to me by the Wellcome. Fixed by downloading again from the source website. --Fæ (talk) 14:37, 10 September 2015 (UTC)[reply]
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No evidence uploader would be the creator or license-holder for a school's logo or seal, or that such an image would be any sort of free license DMacks (talk) 19:03, 8 September 2015 (UTC)[reply]
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Soul Waves in Rizal Park and Filipino-Korean Soldier Monument
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English: Building by Ieoh Ming Pei. There is no Freedom of panorama in France.
Français : Cette œuvre de Ieoh Ming Pei ne peut être diffusée sous licence libre. En effet, la loi sur le droit d'auteur en France interdit toute diffusion de reproductions d'une œuvre sans le consentement explicite de l'auteur, a fortiori pour une publication sous licence libre (pas de liberté de panorama).
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No freedom of panorama in the Philippines. The artist, Guillermo Tolentino, died in 1976 so this work will not be in the public domain in the Philippines until 2026.
The artwork has no copyright at it was commissioned by the Philippine government [7]. As per Philippine Intellectual Property laws "176.1. No copyright shall subsist in any work of the Government of the Philippines." Namayan (talk) 13:08, 4 October 2015 (UTC)[reply]
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Keep as per previous rationale as a government-commissioned work. As per Philippine Intellectual Property laws "176.1. No copyright shall subsist in any work of the Government of the Philippines."Hariboneagle927 (talk) 11:15, 4 September 2020 (UTC)[reply]
Comment: Bonifacio Day 2017 113017 Bonifacio Day (14).jpg in particular qualifies for de minimis. The main subject in these are the two government officials.Hariboneagle927 (talk) 11:22, 4 September 2020 (UTC)[reply]
Paging @Lymantria, Namayan, and De728631: (those either involved in the deletion of two files I requested to bevrestored before, and an admin who wrote their input at the undeletion request) for inputs. JWilz12345(Talk|Contrib's.) 02:47, 11 September 2020 (UTC) Also @Alan: who closed the first version of this DR 02:47, 11 September 2020 (UTC)[reply]
When I deleted a similar photograph, it was in a DR without mentioning of the commissioning of the government. I do see that as new information that could change opinion. Lymantria (talk) 05:22, 11 September 2020 (UTC)[reply]
@Lymantria: I searched for some sources since the link given by Namayan was dead. The following are some interesting sources:
Caloocan, which used to be a barrio in Tondo, Manila, was the center of the Philippine revolution that broke out in August 1896. Public Act No. 2760 of 1918 and Public Act No. 3602 of 1929 then authorized the erection of the Bonifacio Monument and characterized the structure as a “national monument to honor the hero’s historic contribution to the birth of the nation.” This bronze and granite masterpiece features a 45-foot obelisk topped by a figure of the “winged victory” by sculptor Guillermo Tolentino. The figure represents the triumph of the Filipinos over Spanish forces.
- The important excerpts are too long, I can't copy and paste them all here. But a reading of the crucial (middle or last part) horrifies me. It seems to be the same case as the Quezon Memorial Circle, in which this monument was made possible through a design competition. JWilz12345(Talk|Contrib's.)05:54, 11 September 2020 (UTC)[reply]
Trying to copy here the relevant excerpts of the Official Gazette article:
It would be Bonifacio and the effort would be pursued in a methodical manner. On February 5, 1915, the Philippine Assembly passed Act No. 2494, which appropriated funds for public works and monuments. In August 29, 1916, the United States Congress enacted the Jones Law making...replacing the American-dominated Philippine Commission with an all-Filipino Senate, which was inaugurated in October of that year.... On February 23, 1918, Act No. 2760 was passed, which approved the building of a memorial to Bonifacio, as well as the creation of national committee to oversee it....
...The national committee to build a monument then launched a contest for the design and the construction of the memorial. A total of thirteen artists participated, submitting their entries under aliases, and three notable Filipino artists of the time were assembled to judge over the results: the architect Andres Luna de San Pedro...as Chairman, along with fellow architect Tomas Mapua...and the sculptor Vicente Francisco. By July 15, 1930, the contest calling for the design of the monument had garnered thirteen entries, which was then narrowed down to seven by the 27th of July. Two days later, the committee after further deliberation, had its winners....
...The winning entry, which received a cash prize of Php 3,000, went to “Batang Elias,” the alias of Guillermo Tolentino. By then Tolentino was, as Alcazaren notes, “already an established sculptor, having come back a few years before from extended studies in sculpture in Washington D.C. and Rome.” The committee deemed Tolentino’s design to be in possession of all the necessary requirements, artistic and sculptural—an edificial equal to the greatness of the man in whose honor the monument was to be dedicated.
With the design on hand, the amount of Php 97,000 (roughly Php 29,906,056.27 in today’s money) was appropriated for the erection of the monument—under Act No. 3602, passed on December 2, 1929. On August 30, 1930, the committee announced the results of the public competition pursuant to the provisions of Act No. 3602. An additional Php 26,041.76 (about Php 8,028,931.53 in today’s money) came from voluntary contributions (Guillermo Masangkay, for one, had donated Php 10,000). Guillermo Tolentino had, at his disposal, the total amount of Php 125,000 (equivalent to about Php 38,538,732.39 today) to construct the monument and thus realize his vision for a bold, unprecedented, and lasting tribute to Andres Bonifacio.
As I wrote last year, I think "commissioned by the government" does not automaticly mean "work of the Government", but I am not specialized in Philippine Law. Lymantria (talk) 10:08, 16 September 2020 (UTC)[reply]
Comment@JWilz12345, Hariboneagle927, and Lymantria: Going through a different route for this one, at the time the monument was designed (1930s), the copyright law in force was Act No. 3134 (1924) which required registration and a notice for a work to be copyright-protected. As per Section 11 and 12 of the Act, copyright may be secured either by the "registration of the claim" and "by publication thereof with the required notice of copyright" or "by the deposit, with claim of copyright, of one complete copy of such work or of a photographic print or of a photograph or other identifying reproduction thereof" to the National Library. It is also clearly stated in Sec. 11 that "No copyright in any work is considered as existing until the provisions of this Act with respect to the deposit of copies and registration of claim to copyright shall have been complied with." Presidential Decree No. 49 s. 1972 which removed the requirements was not retroactive thus work published before 1972 had to comply with the requirements of Act 3134 to be eligible for copyright protection. Because of this, I suggest someone should contact the Intellectual Property Office or the National Library for records that would show Tolentino registered his design. -Howhontanozaz (talk) 04:36, 20 September 2020 (UTC)[reply]
Also, Act 3134 did not state that all government works are public domain, just publications and official documents. For us to conclude that Bonifacio Memorial Monument is public domain, we must first establish if whether or not Tolentino registered the design with the National Library within 30 days of publication. If he assigned the copyright to the government, Sec. 26 of the Act states that a copy of every assignment or conveyance of copyright or permission or license to use or inherit right should be filed with the National Library. Copyright under Act 3134 runs for 30 years from the date of registration. Assuming that Tolentino registered the design in 1930, copyright should have expired in 1960, after Berne convention but before the newer 1972 law. So the issue hinges on whether the National Library has in its Copyright Database a registration record of this monument by Tolentino. I have already contacted the NLP. -Howhontanozaz (talk) 06:36, 20 September 2020 (UTC)[reply]
Is there a copyright notice on these statues? If not, I would assume things were similar to the U.S., since they had the same notice requirements and presumably the same definition of "publication". In which case copyright would have expired immediately, and they would be fine. If there was a notice, renewal may well have been required after thirty years as well, though no idea how to check that -- unsure if their renewal volumes were published or are online. Agreed that there does not seem to have been any Philippine copyright law which restored PD works, so they seem to be non-retroactive.
I'm not sure whether the work would be considered a U.S. Government work -- but given the U.S. example, it may not. Works made under commission like that currently are not U.S. government works (court cases have ruled a valid infringement on a couple of newer statues on the National Mall in Washington DC). Older ones are probably moot due to lack of notice, or lack of renewal (the Iwo Jima monument in Washington DC does have a notice, but seems to have lacked a renewal, so expired that way).
As for whether notices were still required in the 1951-1972 period, I have no idea -- that question was mentioned in one essay I read, and it sounds like it was never brought up in a court case so nobody really knows, so the 1972 law was the only "answer". Even if the adoption of the Berne Convention did eliminate the notice requirements, I doubt they eliminated the renewal requirements -- when the U.S. adopted the Berne Convention, and did eliminate the notice requirements as they did, the renewal requirements on existing works were kept -- it took three more years before another law was passed removing those, and granting automatic renewal to works still not expired. So, it's probably reasonable to assume that the renewal requirements still existed for works published before 1951, even if they had notice (if no notice, they of course expired and remained that way by the looks of it). I do see there was a "Catalog of Copyright Entries 1964-1968" published by the Philippine National Library in 1972, so they were apparently still recording registrations and renewals in that period. I can't see the text of that book though, so not sure exactly what was in it (there were at least two volumes). Carl Lindberg (talk) 12:53, 20 September 2020 (UTC)[reply]
'New'Comment regarding the monument (I also support Keep for the image of the plaque as said by Seav): @Clindberg and Howhontanozaz: it appears this monument is copyright-protected after all, via the Republic Act No. 8293 and not the American colonial-era Act 3134. See this new Facebook post of IPOPHL for today which is Bonifacio Day, November 30. It applies the current rule of copyright for the Bonifacio Monument, as: "sculptures, like other literary and artworks, are protected by #Copyright from the moment of its creation." It credits its creator, Guillermo Tolentino. Does this mean R.A. 8293 is retroactive after all? Will this new FB post by IPOPHL also affect the de facto Commons view on Philippine buildings before 1972 or even 1951? JWilz12345(Talk|Contrib's.)04:34, 30 November 2020 (UTC)[reply]
I slashed my inputs as these became irrelevant since the Facebook reply of IPOPHL-Bureau of Copyright and Related Rights to my comment of their post last November 30, 2020. To quote the relevant parts of their reply (as that reply was also addressed to another person who commented on the same post):
Re:Andres Bonifacio Sculpture
In response to a post that IPOPHL made last November 30 on the above subject, we received two particularly interesting comments. One states that the sculpture is government property and, therefore, has no copyright, and the other inquires whether or not the sculpture is already part of the public domain....
...On the second point, and based on publicly available articles and references, Tolentino’s sculpture was inaugurated in 1933. It is thus created during the regime of Act 3134 which requires “the deposit of copies and registration of claim to copyright.” (Sec. 11) Assuming these requirements were satisfied by Tolentino, the same law also provides that copyright shall “endure for thirty years from the date it is registered,” (Sec.18) subject to renewal for another 30 years. (ibid.)
Act 3134 was repealed by Presidential Decree No. 49 in 1972. Copyright protection was expressly made applicable to works in which copyright protection obtained prior to said decree was still subsisting at the time of its effectivity. Note that by this time, more than 30 years have lapsed since the Bonifacio sculpture was inaugurated in 1933. Thus, unless the copyright claim was renewed by Tolentino in 1963, the work would have lapsed into the public domain. Only then would the copyright protection provided under PD No. 49 (i.e. lifetime plus 50 years after death) apply to the Bonifacio sculpture....
I'm not sure what kind of valid evidence we would need. Many years ago, we required an actual search be paid for at the U.S. Copyright Office because the renewal volumes were not online so that others could check/verify. Some of the older Philippine copyright catalogs might be online; the newer ones are as well but Google has no preview (they should be unambiguously PD since they were government works before 1972, but I'm sure they are conservative). On the other hand, I think a copyright notice was required anyways. Don't think it's worth deleting over these questions, as the odds of registration/renewal are pretty low and the copyright notice would be verifiable, and this is prominent enough that a renewal might have been researched and mentioned somewhere. That IPOPHL answer *does* seem to indicate that the renewal formalities under the old law continued after the Berne Convention was joined, so anything published before 1942 would need a renewal. Doesn't explicitly answer if notices were still required after 1951, but this was done long before that date anyways, so they were required then. I'd say Keep. Carl Lindberg (talk) 17:28, 25 March 2021 (UTC)[reply]
I sincerely hope that Editors will note my Underscoring of the 4 years Legal Bar on Deletion of FOP photos, I repeat from 2016, thus the tons of Mass Deletions tags by the Smart One on RamonFVelasquez should be stricken off the Talk Page as grave violations of Criminal Law ...
Keep Keep Because the Nominator has been blocked recently due to mass deletion nominations. It is fervently petitioned that - going to keep this for now until someone else can nominate if they see fit; Wherefore premises considered I humbly register my Strong Objection to this and the Mass Deletions Requests of this Single Editor, respectfully respectfully Judgefloro (talk) 08:02, 6 December 2020 (UTC)[reply]
Kept: according to COM:FOP Philippines the sculptures made before 1972 (applicable here) need a copyright registration, before 1942 (applicable here) need a registration and renewal to be copyrighted. As we have no information about registration and/or renewal and it is likely that is wasn't done, we can keep unless someone shows contradicting information. --rubin16 (talk) 17:23, 13 June 2021 (UTC)[reply]
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.
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.
Newspaper articles and historical photos. No evidence of permission(s). SGKozlova (talk) 03:40, 11 September 2015 (UTC)
Newspaper articles and historical photos. No evidence of permission(s).[reply]
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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.
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".
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.
I am the author of the picture. Graffiti-making in Italy is punished with up to one year of jail, or up to a € 3000 fine: https://dilago.wordpress.com/2008/05/26/nuova-legge-per-i-graffiti/ Copyright does not apply to illegal images which, in Italy, include for instance pornography.
Comment C'est quand même très très très con. Trizek from FR 23:03, 8 September 2015 (UTC)
Keep --Hedwig in Washington (mail?) 22:54, 8 September 2015 (UTC)
Info involved image redeleted as the sculpture is from Castrillo and not Guillermo Tolentino. JWilz12345 (Talk|Contrib's.) 17:35, 13 December 2021 (UTC)
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Delete I have no objection to the deletion of my contributions. Also no current PD-Philippines tag is applicable that will protect Freedom of Panorama Markoolio97 (talk) 00:23, 7 February 2019 (UTC)
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