Commons:Deletion requests/File:Polavieja entierro.jpg
Photographer is not unknown. As stated at bottom-right corner, this pic is authored by «Alfonso». Unless I'm missing someting, that refers to this guy, Alfonso Pérez García, a pretty well known photographer died in 1953 who signed with his first name "Alfonso". His son was a photographer, and signed as him too ("Alfonso"), but he died in 1980 (and he was born in 1902). This pic apparently enters the public domain in... 2033 (1953 80). Strakhov (talk) 09:27, 12 October 2017 (UTC)
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According to US law, this photo is under public domain. "Work made for hire Photographers don’t own the copyright for images that they take when those images fall into the “work made for hire” category. A work-made-for-hire relationship is created in two situations:
The photographer is an employee hired to photograph for the employer—an example would be a photojournalist who is an employee of a newspaper..."
"If an image is used in a newsworthy item then that constitutes an editorial use. In such cases, a person’s rights are evaluated in light of constitutional interests. “Newsworthiness” is a First Amendment, freedom of the press interest and is broadly construed. Courts traditionally have defined public interest or newsworthiness in liberal and far-reaching terms, not limiting it to the dissemination of news in the sense of current events. They have extended it well beyond that to include all types of factual, educational and historical data, even including entertainment and amusement and other interesting phases of human activity in general."
GinnevraDubois (talk) 18:32, 12 October 2017 (UTC) the original poster states that this photo is under copyright according to Spanish law and therefore can't be used there.
Delete It's in the public domain in USA but not in Spain, since the photographer died in 1953 and copyright protection in Spain lasts for 80 years. And it is that way, whether the copyright belongs to the photographer or to the defunct magazine (orphan work). So this image cannot be hosted in Wikimedia Commons. Strakhov (talk) 23:04, 12 October 2017 (UTC)
- Delete The status of the picture in the US is only relevant if the picture is in the public domain in its source jurisdiction. It isn't (Alfonso died in 1953) and therefore its status according to Commons policies is out of discussion. --Discasto talk 19:00, 13 October 2017 (UTC)
It is not under copyright in Spain (country of jurisdiction) -Present Spanish law only give a photographer a 25 year right (please read Spanish law wrt photographers freely available on the internet), unless this is considered a work of art. A picture taken for a newspaper is not considered so. Even if it were, the European Union, as well as Spain permit the use of photographs for (non-commercial) newsworthy purposes.
Deleted: per nomination - No evidence of a 25 year copyright at Commons:Copyright_rules_by_territory#Spain. Non-commerical and fair use arguments above are not valid on Commons, see COM:L. . Jim . . . (Jameslwoodward) (talk to me) 14:51, 21 October 2017 (UTC)
