Commons:Deletion requests/Files in Category:Ruslan Sergeev
Files in Category:Ruslan Sergeev
[edit]This sculpture does not appear to be permanently installed in any location, we have pictures of it in two locations and there are clearly sines even in its latest location it is clearly able to be moved and is not permanently attached to the ground as other works by this artist are.
- File:Jerusalem Tzahal Square lions.jpg
- File:Municipality-of-jerusalem-3.jpg
- File:Municipality-of-jerusalem-4.jpg
- File:אמנות חיה ציבורית.JPG
LGA talkedits 22:56, 7 August 2014 (UTC)
Hello LGA, here is my answer :
- the first point concerning these two pictures :
If you never went there, you may not be aware that these two pictures are taken in the same place. The first picture File:אמנות חיה ציבורית.JPG is taken from inside the building, looking towards south and the second picture File:Jerusalem Tzahal Square lions.jpg is taken from outside, looking towards north. First picture was taken on july 15, 2012, and second was taken by myself on may 30, 2014. this is the current and permanent place of this statue, in front of the City Hall. It is there since many years, exactly at the same place (at least since 2010, i took a photo of it in 2010). you can also see it in Google street. It's a public place, and there is no doubt that the freedom of panorama applies.
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{{FoP-Israel}} Moreover, we can argue that we have here general views of the city, and the statue happened to be included incidentally.
We can read here De_minimis#Israel :
"An incidental use of a work by way of including it in a photographic work, in a cinematographic work or in a sound recording, as well as the use of a such work in which the work was thus incidentally contained, is permitted"
So you must keep these two pictures, my opinion is that there is no reason to delete them.
About your assertion that "even in its latest location it is clearly able to be moved and is not permanently attached to the ground", i think that ther is no evidence that the statue is not fixed to the ground. it may be attached by cement or by bolts...
- the second point concerning these two pictures is more difficult :
these two pictures are older ones (they were uploaded in april 20, 2006). they were taken in another place, a few tens of meters away. It is also in front of the City Hall, but not exactly in the same location. It is the previous location of the statue. I am unable to say if it was meant to be permanent or only temporarily stored there.
Note what we can read here Freedom_of_panorama#Permanent_vs_temporary :
"Whether a work is installed at a public place permanently or not is not a question of absolute time, but a question of what the intention was when the work was placed there. If it was put there with the intention of leaving it in the public place indefinitely or at least for the whole natural lifetime of the work, then it is "permanent"."
"if a sculpture was placed with the intent of leaving it "open end", but is then removed due to new construction plans some time later, its placement remains "permanent" even if the sculpture is eventually (re)moved."
(Nevertheless, we could also argue that these two pictures are of poor quality.)
Regards,
Djampa (talk) 06:24, 8 August 2014 (UTC)
- I release that File:אמנות חיה ציבורית.JPG and File:Jerusalem Tzahal Square lions.jpg are taken at the same place and that File:Municipality-of-jerusalem-3.jpg and File:Municipality-of-jerusalem-4.jpg are pictures of the same sculpture taken at a second location, which is my point, to be covered by FOP these have to be permanent located, there is no indication that they are or have ever been permanently located anywhere therefore the FOP provision does not apply. In fact in all the images, the sculpture is clearly siting on a base to aid it's removal to and from the site of exhibition.
- With regards to COM:DM, that exception likewise can not apply as the inclusion of the copyrighted work is neither incidental or trivial in fact it was deliberate. LGA talkedits 06:38, 8 August 2014 (UTC)
Deleted: There is no FOP for non-permanent installations in Israel FASTILY 04:38, 17 August 2014 (UTC)