Commons:Deletion requests/Files in Category:Heinrich Hoffmann

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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.

Heinrich Hoffmann ist 1957 verstorben, Bilder sind nicht frei, Bundesarchiv hat keine Rechte an den Bildern

Ralf Roleček 10:51, 1 March 2015 (UTC)[reply]

I think we'd need some evidence that the Bundesarchiv did not have the right to donate them to Commons.--Wehwalt (talk) 10:54, 1 March 2015 (UTC)[reply]
I agree with Wehwalt.--Chamarasca (talk) 11:13, 1 March 2015 (UTC)[reply]
Me too. AM (talk) 16:43, 1 March 2015 (UTC)[reply]
The question is, who has the rights of Hoffmann's photographs today? Hoffmann was engaged by Adolf Hitler. Perhaps he bought the pictures and their rights from Hoffmann. In that case his photos should be public domain as they are considered to be in the USA. HeinrichStuerzl (talk) 18:53, 1 March 2015 (UTC)[reply]

This is clearly up to the Bundesarchive. Its a trustworthy source of pd images. 09:51, 2 March 2015 (UTC)

 Keep Most of these works were made as part of his organic work within the NSDAP and the german state. Thus they are to be considered as work of the Third Reich german government and those works had been transferred to the Bundesarchive. --Denniss (talk) 13:20, 2 March 2015 (UTC)[reply]

On Category:Heinrich Hoffmann it says: "The copyright in Germany on these photos is owned by the German state. The German Federal Archive has in December 2008 released a number of 800px-reproductions of Hoffmann's photographs licensed as {{cc-by-sa-3.0-de}}."
There needs to be an argument for deletion beyond saying that he died in 1957... AnonMoos (talk) 16:22, 2 March 2015 (UTC)[reply]

 Keep Without further evidence, we have to assume that the rights are now held by the Bundesarchiv. --Phrontis (talk) 19:09, 2 March 2015 (UTC)[reply]

 Keep per my comment above.--Wehwalt (talk) 20:01, 3 March 2015 (UTC)[reply]

Es gibt im deutschen Recht keine Möglichkeit, daß "der Staat" oder "das Bundesarchiv" die Rechte erlangen kann. Einzige Möglichkeit wäre das Erbe, was nicht zutrifft. --Ralf Roleček 13:03, 4 March 2015 (UTC)[reply]

 Keep Per Wehwart. Ralf Roleček's arguments seem to be based exclusively in his own opinion or interpretation. --Discasto talk | contr. | es.wiki analysis 16:02, 5 March 2015 (UTC)[reply]

 Keep See above. --Austriantraveler (talk) 13:22, 6 March 2015 (UTC)[reply]

 Keep It is clear that Bundesarchiv can transfer the rights.--Chamarasca (talk) 13:51, 6 March 2015 (UTC)[reply]

Wenn sie die Rechte hätten, könnten sie auch transferieren. Haben sie aber nicht. --Ralf Roleček 17:01, 6 March 2015 (UTC)[reply]
Deberás demostrar que no tiene los derechos. No podemos presumir tal cosa.--Chamarasca (talk) 19:27, 6 March 2015 (UTC)[reply]

Maybe for experts in copyright law the following informations may be helpful. 1) General information about usage of pictures from the Bundesarchiv can be found here: [1] 2) The Bundesarchivgesetz (in German): [2] § 2 (8) mentions that images whose rights went from the German Reich to the Bundesarchiv are subject to the Bundesarchivgesetz. In contrast to Ralf Roleček's opinion, the Bundearchiv can have rights on images (I suppose Heinrich Hoffmann was paid by the German Reich for the images in question). --Phrontis (talk) 22:16, 9 March 2015 (UTC)[reply]


Kept: Per discussion. Ellin Beltz (talk) 17:01, 20 March 2015 (UTC)[reply]