Commons:Deletion requests/Files in Category:Arch of Freedom of the Ukrainian people

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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.

Files in Category:Arch of Freedom of the Ukrainian people

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In most countries, all paintings, sculpture, architecture, text, and other creative works have copyrights which last for 70 years after the death of the creator. An image of a work that is still under copyright is a derivative work, and infringes on the copyright so that we cannot usually keep the image on Commons. In some countries, there is a special exception to the copyright law which allows such images under certain circumstances. We call that exception freedom of panorama (FOP). Unfortunately there is no applicable FOP exception in Ukraine.

A1Cafel (talk) 04:00, 23 July 2023 (UTC)[reply]

I am not sure that every listed file should be deleted. For example, on files like File:Фото з конкурсу на косплей на арці дружби народів.jpg, File:Відкриття пішохідно-велосипедного мосту в Києві, 2019, 10.jpg the monument serves only as a background for a photographed event. --Perohanych (talk) 12:00, 23 July 2023 (UTC)[reply]
I don't think that every listed file should be deleted either. In addition to the current events exemption mentioned above, I wonder if it is possible to copyright a rainbow shape in general. For example, on File:Kyiv Monument to the Friendship of Nations.jpg or File:Арка дружби народів 07.jpg only the general shape is seen without specific details. The rainbow shape itself seems to be below TOO almost anywhere in the world. (On the contrary, specific architectural details like File:Арка Дружби.jpg or statues like File:Воз'єднання України з Росією 8370.jpg are definitely copyrightable). I think this nomination should be split into three with current events (Ukrainian copyright law exemption) / general rainbow shape (not copyrightable) / clearly copyrightable details — Nick UA (talk) 16:20, 24 July 2023 (UTC)[reply]
@Perohanych and Nick UA: File:Фото з конкурсу на косплей на арці дружби народів.jpg can be kept because the shown work is just an unimportant part of the sculpture. But File:Відкриття пішохідно-велосипедного мосту в Києві, 2019, 10.jpg is not de minimis, as I see a potential for reusers to exploit it as having independent economic significance (the sculpture is very prominent in the photo). Again, the "current events" exception is a type of free use, not equals to de minimis. With the Ukrainian government now providing a very restricted FOP with "independent economic significance" restriction, it is now clear that "current events" purpose is a fair use-type of free use, which also exists in our country's copyright law at Sec. 184.1(d) as well as in most of other copyright laws. JWilz12345 (Talk|Contrib's.) 07:52, 23 August 2023 (UTC)[reply]
@JWilz12345: Well, that's not what Ukrainian court practice says. For example, in this Supreme Specialized Court of Ukraine for Civil and Criminal Cases decision the current events exemption dominates the (then non-existent) FOP. In that case the court considers that a publishing house printing a book (a photo album, not a news media) with pictures of an event occurring in front of a copyrighted mural did not violate the copyright law, because it is a picture of a current event and it does not violate the copyright of the author of the mural. Adding a photo in a (commercial) book is a threshold definitely above fair use, and the abovementioned case is quite similar to, say, File:Відкриття пішохідно-велосипедного мосту в Києві, 2019, 10.jpg, as it is also a photo of a current event taking place in front of a copyrighted object — NickK (talk) 17:01, 2 September 2023 (UTC)[reply]
 Oppose şodo File:Арка - Arc (25204015652).jpg → it's simply texture--Albedo (talk) 12:37, 5 August 2023 (UTC)[reply]

Deleted: per nomination, deleted most. Kept those which I cropped away the monument and/or monument was obscured enough and wasn't the intended subject. --Abzeronow (talk) 18:20, 18 November 2023 (UTC)[reply]

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