Commons:Deletion requests/File:PlanicaSkiJumps2009Final.JPG

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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.

File:PlanicaSkiJumps2009Final.JPG

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This image is a reproduction of a copyrighted work of two brothers, one of which died in 1997 and another is still alive, see Lado Gorišek and Janez Gorišek.[1] Per Slovenian copyright law, see commons:FOP#Slovenia, the publicly displayed works of people who died after 1944 or are still alive, are copyrighted and there is no freedom of panorama. Article 5 of the Slovenian copyright act protects "works of architecture such as sketches, plans, and built structures in the field of architecture, urban planning, and landscape architecture".[2] The image may be uploaded locally where appropriate. Eleassar (t/p) 14:24, 29 March 2012 (UTC)[reply]

  • I'd be glad if it would be so. Per Commons:FOP: "If the country the image is taken in does not have these provisions, or only allows them for non-commercial purposes, they cannot be licensed under a license compatible with our Licensing policy and must be deleted." And unfortunately that's the case in Slovenia, it's only allowable for non-commercial purposes. I also think this ski jumping hill is a work of architecture, because it was based on a plan into which a lot of effort was put. It meets the five provisions demanded by the Slovenian copyright law to classify as an author work: created by a human, individual, a reflection of author's spirit, a work from the area of science, and perceivable.[3] --Eleassar (t/p) 19:36, 29 March 2012 (UTC)[reply]
  • I'm not sure, the actual arhitecture element is the inrun, which is very small part of the photo (De Minimis), most of it is the landing hill, which is just a typical ski jump landing hill. (Kot pravi rek: ni treba bit bolj papeški od papeža). --Sporti (talk) 20:01, 29 March 2012 (UTC)[reply]
  • The "de minimis" clause does not seem to be fullfiled here. Article 52 of the Slovenian copyright act states: "Such disclosed works that may be regarded as accessory works of secondary importance with regard to the actual purpose of some material object, may be used freely while exploiting such object." (Slovene: "Tista objavljena dela, ki so nebistvena pritiklina glede na siceršnjo namembnost nekega predmeta, so pri izkoriščanju tega predmeta v prosti uporabi.") I don't think this is really the case here. Per Commons:De Minimis: "if the poster is entirely incidental to the overall subject-matter of the photograph, the copying may be considered de minimis. ... A useful test may be to ask whether the photograph would be as good or as useful if the poster were to be masked out. If no, then it is difficult to argue that the poster is actually de minimis, even if the poster is small and is "in the background"." It seems that here the image would not be as good and useful without the inrun. (Sorry for causing you trouble. We can't offer things as free if they're not. As I said, you may upload the image locally. You may also publish it somewhere outside Wikimedia projects, and write your representatives to change the law (although, sincerely, this seems to be the option with the least hope - but if more people do this, perhaps something will change)). --Eleassar (t/p) 20:34, 29 March 2012 (UTC)[reply]
I'll see how this proposal goes through (this file just happened to be included in an article I came by) and then decide whether to nominate them based on the outcome and arguments. File:Planica2005SkiFlyingChampionship.JPG would stay, if it's true what Sporti says (it's only a typical ski jump landing hill). Also File:Hiroya Saito 2000-03-19.jpg would stay. --Eleassar (t/p) 10:33, 30 March 2012 (UTC)[reply]
In addition, if it's true that this is only an ordinary jumping hill, then the images may be cropped to exclude the inrun. --Eleassar (t/p) 11:34, 30 March 2012 (UTC)[reply]
There is such architecture, and it is not "of secondary importance with regard to the actual purpose of some material object" (see Commons:De minimis#Slovenia). --Eleassar (t/p) 06:55, 2 April 2012 (UTC)[reply]

Kept: the "jumping tower" is barely visible on this image. JuTa 21:57, 20 July 2012 (UTC)[reply]

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