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that remained unpublished for a long period may still be protected under u s subsisting copyright and is not uncommon for old photographs from private collections i d like to invite someone familiar with u s copyright law to the discussion at template_talk pd japan oldphoto us_copyright_status thanks in advance mzaki talk 12 44 29 july 2026 utc reply newspapers from iran edit latest comment 2 hours ago 16 comments 7 people in discussion hi dalba has uploaded a lot of scans of newspapers from iran with pd iran however it doesn t seem to me that this license is valid dr of one file commons deletion requests file ettelaat13450720 pdf could i get more opinions before creating a mass dr thanks yann talk 13 09 29 july 2026 utc reply are you questioning the validity of the template itself or whether its applicable to dalba s uploads howardcorn33 13 18 29 july 2026 utc reply i think it is not applicable to these files the template itself is fine yann talk 13 33 29 july 2026 utc reply the template states that the copyright expires 30 years after publication for works which belong to a legal person or rights are transferred to a legal person do you believe the copyright to the newspaper does not belong to a legal person howardcorn33 13 39 29 july 2026 utc reply i don t know about iran but usually copyright of a newspaper belongs to the authors unless the articles are anonymous is it different in iran i have never seen such a case where the copyright belongs to the publisher and not to the authors yann talk 15 39 29 july 2026 utc reply a newspaper article is a work for hire in some countries such as the united states the copyright to a work for hire normally belongs to the employer in other countries such as sweden the copyright to a work for hire normally belongs to the employee i don t know what iranian law says about works for hire stefan2 talk 16 47 29 july 2026 utc reply work for hire well it depends very much on the contract between the journalist and the newspaper at least in france even if an article is a work of command the copyright belongs to the author unless it is specified otherwise in the contract this is specifically the case for freelance journalists i think that the case almost anywhere in the world by default the copyright is owned by the author not by the publisher or the employer we already have had this discussion many times always with the same result yann talk 17 03 29 july 2026 utc reply i get the impression that the us and france are pretty much on two extremes of this issue i don t know where iran s copyright law sits but i don t think we can assume one way or the other prosfilaes talk 04 27 30 july 2026 utc reply i am not knowledgeable on iran s copyright law but maybe this part gives a clue in the following cases works fall into the public domain after 30 years from the date of publication or public presentation article 16 in cases where the work belongs to a legal person or rights are transferred to a legal person journalism businesses are typically legal persons as a work for hire france may be an exception these works usually belong to the legal person bedivere talk 18 32 30 july 2026 utc reply there is also the u s side of this because iran is not a member of the berne convention there has been no uraa restoration so for any works on or before 28 february 1989 barring the unlikely case where someone went through u s copyright formalities the work is public domain in the u s so no problem there however iranian works from 1 march 1989 onward would still be copyrighted in the u s even if they have now lost copyright in iran so we can really only use this on commons for works published on or before 28 february 1989 or am i wrong about that and does first publication in a non berne country somehow lose u s copyright for more recent works jmabel talk 21 10 29 july 2026 utc reply if a country doesn t have copyright relations with the us then a work by their nationals published on their territory doesn t have copyright protection in the us there s other ways besides berne wto countries have copyright protection in the us there s a lot of other theoretical ways like bilateral treaties and ucc but outside cases where a now independent state may or may not be honoring previous agreements all states with copyright relations with the us are members of berne or the wto https www copyright gov circs circ38a pdf also lists the marrakesh treaty to facilitate access to published works for persons who are blind visually impaired or otherwise print disabled which iraq and the marshall islands have signed as the only copyright treaty i have no idea if that has an impact on anything said document lists all the us copyright treaties and includes the relevant law as well prosfilaes talk 04 20 30 july 2026 utc reply iran not being a member of the berne convention comes with other traps if the author is not an iranian citizen the source country is the country of citizenship or residence of the author for example on page 7 of file ettelaat13450720 pdf there is an advertisement for traktoroexport a soviet company so there is a plausible reason to assume that the advertisement was created in part or in full by soviet citizens living in the soviet union the text might have been written by someone in iran or written in the ussr and translated in iran who knows but what about the photos for our purposes the soviet union being the source country would mean that we need to ensure that the copyright has expired in russia and also that the advertisement was in the public domain in russia when the copyright to russian works was restored in the united states there s bound to be lots of traps like this in iranian newspapers where some contributions to the newspapers are made by foreign citizens or foreign residents such as advertisements for foreign countries or photographs taken abroad even an article by an iranian journalist stationed outside iran might count as a work from the country where the journalist is stationed stefan2 talk 09 26 30 july 2026 utc reply yeah dotting i s and crossing t s here is going to be a lot of work prosfilaes talk 02 18 31 july 2026 utc reply prosfilaes i m trying to understand how this works let s say an artist in iran paints a picture but does not publish it does that mean it doesn t have the normal protection that the u s gives and unpublished work or do they have that initially but lose it if their work is published in an iranian magazine and what if that iranian citizen is living in france would their unpublished work be protected on the basis of residence rather than citizenship i find this all very confusing jmabel talk 18 24 30 july 2026 utc reply the legal phrasing is in the document i linked above unpublished works are always subject to protection published works are protected if on the date of first publication one or more of the authors is a national or domiciliary of the united states or is a national domiciliary or sovereign authority of a treaty party or is a stateless person wherever that person may be domiciled or the work is first published in the united states or in a foreign nation that on the date of first publication is a treaty party a work that is published in the united states or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the united states or such treaty party as the case may be so pretty much only works by iranian authors living in iran published only in iran are not copyrighted in the us prosfilaes talk 01 57 31 july 2026 utc reply authors from non berne countries were always able to initially publish their work in a berne country and get protection under the convention that way the country of origin is that first country of publication not necessarily where the author is from or lives the u s explicitly protects unpublished works from anywhere by anyone as mentioned until they are published it is only then that nationality related questions can be answered this is from 17 usc 104 the works specified by sections 102 and 103 while unpublished are subject to protection under this title without regard to the nationality or domicile of the author once published then you know which country it was published in berne or ucc or other treaty country and where the authors were living at the time again in the u s or a treaty country would have protection if someone is considered stateless at that point they also get protection so in your example the author has u s protection while unpublished of course usually hard to exploit something without publishing it mainly this is preserving their choice of when or how to first publish it they would lose their u s copyright if published in an iranian magazine and they are still living in iran if living in france it is protected because they are a domiciliary of a treaty country france if they lost copyright because they are living in iran and iran and the u s ever become treaty partners then the u s would restore protection provided on the date the treaty becomes effective the work was still protected in iran per the uraa carl lindberg talk 18 07 2 august 2026 utc reply documentation and photographs from polish national institute of cultural heritage edit latest comment 3 days ago 5 comments 4 people in discussion hello recently i ve uploaded some photos from official documentation created by polish national institute of cultural heritage narodowy instytut dziedzictwa all files are now marked for speedy deletion for example file kikół pałac elewacja frontowa jpg photos were taken from official website https zabytek pl all documents look similar for example https zabytek pl pl obiekty g 231821 dokumenty pl 1 9 zipoz nid_n_04_en 333427 1 if you click on the informacje tab there is information about public domain and link to cc0 1 0 license what is a proper way to prove that the files can uploaded to commons pko talk 14 38 29 july 2026 utc reply yann tagged the files for speedy deletion the source link provides https creativecommons org publicdomain zero 1 0 deed pl as license if one clicks on the informacje tab as described above that would be cc zero instead of the currently used pd polish symbol license tag changing the license tag should fix the issue right nakonana talk 20 45 29 july 2026 utc reply so now after adding a proper tag can i remove speedy deletion tag or should i challenge every file for normal deletion pko talk 22 37 29 july 2026 utc reply in this case you can just remove the deletion request and add the license review template instead gpsleo talk 05 42 30 july 2026 utc reply ok dr closed license reviewed yann talk 08 44 30 july 2026 utc reply file z library seizure jpg and de minimis edit latest comment 3 days ago 5 comments 3 people in discussion can anyone with a better understanding of copyright rules explain to me why the pictures displayed on the original upload link had to be removed pixelated by two experienced editors and revdelled the upload is merely a work of the us federal government and not some original composite work of mine wherein i decided myself to use copyrighted photos and even if it were i still would think there isn t a problem would anyone dare say the federal gov t violated copyright laws they had a right to use those images because it was fair use to them and since they were allowed to use those images the images themselves should become de minimis to the whole work would anyone say that in a governmental report that quotes copyrighted material the quoted passages should be excised before it can be uploaded here furthermore another editor in may placed a clear label on this upload before the removal that the copyrighted portions are de minimis so these subsequent two editors are clearly disagreeing with or the first or did not see his de minimis template i therefore ask for clarification if people agree this was an erroneous revision pinging yacàwotçã the squirrel conspiracy who edited the file dreykop talk 18 00 29 july 2026 utc reply no fair use for images within the larger image doesn t somehow magically become de minimis when the larger image is reused but also if it s de minimis then by definition blurring or pixelating it should have no significant effect on the usefulness of the resulting image jmabel talk 21 17 29 july 2026 utc reply the photos were not taken by the us government at least certainly not the selfie with the people that were arrested therefore the photos are not us government works and the copyright is held by the original photographers de minimis is not about the size of the images take in the work it s about prominence and considering that the web page is directing people to look at the photos it s hard to argue they aren t a major focus as for why i did the pixelation i thought that it was a better solution than the crop i only knew about yacàwotçã s prop because i m one of the few admins that remembers to patrol the backlog of old revisions that need to get hidden the squirrel conspiracy talk 21 17 29 july 2026 utc reply fair enough so i now understand it is not de minimis i had understood de minimis to be a matter of whether it s the whole or main part of the work vs a small part of a larger work provided it was legitimately used within that larger work but would this then mean that any governmental report or publication that quotes or displays copyrighted content needs to first have all copyrighted material removed blurred before it can be uploaded to commons because that is no different than this case where the four images are displayed by the government to demonstrate something and i m sure i can go around and find examples of this in government publications here on commons dreykop talk 22 58 29 july 2026 utc reply dreykop typically yes removal or blurring is required unless it is actually de minimis a few examples of things that would be de minimis an out of focus painting in the background a logo on someone s clothing a few seconds of music coming from a passing vehicle in a video as long as the music was not obviously central to the video jmabel talk 03 49 30 july 2026 utc reply am i allowed to scan and upload this photograph dated 1888 edit latest comment 1 day ago 10 comments 2 people in discussion i found this image of the hauptkadettenanstalt with this license click the symbol to the lower right of the image provenance rights landesgeschichtliche vereinigung für die mark brandenburg e v archiv sophus williams cc by and would like to use it at preußische hauptkadettenanstalt the photographer sophus williams died in 1900 i found another one of his photographs on commons with the pd old 100 license template according to williams s german wp page he published series of his own photographs the one of the hauptkadettenanstalt was published in 1888 as part of the series berlin und umgebung berlin and surrounds the print uploaded to museum digital de s website was purchased b...
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