Commons:Deletion requests/File:Flag of Salinas.svg
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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.
Complex artwork, not public domain in Ecuador and not the uploader's own work. Bedivere (talk) 17:13, 8 March 2024 (UTC)
- La legislación ecuatoriana no considera a los símbolos cívicos (banderas y escudos) como objetos de propiedad intelectual. No reconoce ni garantiza protección de ninguna índole, por lo que son reproducidas y modificadas, incluso por las mismas autoridades locales, sin necesitar permiso alguno. Adjunto la Ley de Propiedad Intelectual de Ecuador.[1] -- David C. S. 18:05, 8 March 2024 (UTC)
- The intellectual property law of Ecuador has been misinterpreted to date. It makes no mention whatsoever about an exception to copyright protection for coats of arms, flags, emblems and other symbols. It does mention that it does not protect "las disposiciones legales y reglamentarias, las resoluciones judiciales y los actos, acuerdos, deliberaciones y dictámenes de los organismos públicos, así como sus traducciones oficiales", which suggests it refers to words, text, not artworks such as those mentioned before, but essentially law and rules, speeches originating from public institutions. I have been going through some of the flags and coats of arms, nominating for deletion those that seem to me they are not public domain, and unless they are 70 years old, they all should be deleted. I have deleted some blatant copyright violations during my journey; in fact, I could have just deleted them all at sight as they are clear copyright violations to me, however I wanted to open deletion requests for David to defend their uploads and to get second opinions. As I pointed out recently on David's talk page, they've been incorrectly adding {{PD-EC-exempt}} as a means of justification of some files' licensing, but as I've expressed before, it does not apply to artworks.
- The only explicit mention of coats of arms and symbols in that Ecuadorian law is in the 195.° article, where it is stated that the signs that "reproduce or imitate the name, coats of arms, flags and other emblems" cannot be registered as trademarks. As we all know, industrial property (trademarks) has nothing to do with intellectual property (copyright), and so the problem subsists. Law does not establish any kind of exception to the copyright protection of these symbols, and so they have copyright and must be deleted. Article 10 (cited in the first paragraph) says that are not protected by copyright the legal and reglament dispositions, judicial decisions, acts, agreements, speeches by public organism, in addition to their official translations". No mention at all of artworks or drawings, like coats of arms and symbols. The exception is clearly mentioning norms, law, essentially text, not artworks. So no, the coats of arms and flags have no exception to copyright.
- BUT I think there could be a solution to keep at least some of the files that have been proposed for deletion. If the uploader can find a legal document where the cantón/municipality/authority adopts such emblem/symbol officially, and it is clearly illustrated in the document itself, then it could be considered public domain. Bedivere (talk) 18:25, 8 March 2024 (UTC)
Keep. En Ecuador, los símbolos oficiales de entidades públicas son de libre uso. -- ~~ Rodolfo Matias (talk) 19:20, 15 March 2024 (UTC)
- @Rodolfo Matias You've been told these images are not exempted from the Ecuadorian intellectual property law. There is absolutely no exception to symbols, flags and coats of arms, and the exception is only for documents. Only when there is a exception explicitly stated in the law, then it is assumed to be in the public domain. Take for example the copyright law of Venezuela (COM:VENEZUELA) which makes it clear all intellectual property generated by public employees are public domain ("Intellectual products generated under an employment relationship in the public sector—or financed through public funds—that generates intellectual property rights, will be considered to be in the public domain, while maintaining the authors' rights to public recognition"). Another example is the Turkmenistan copyright law, which explicitly exempts from protection "State symbols and signs (flag, emblem, anthem, awards, banknotes and other state symbols and signs)". This does not occur in Ecuador, whose law does make an exception to protection to coats of arms and symbols, but only from being registered as a trademark, and that is industrial property, not intellectual property and as a result these artworks can be copyrighted and are copyrighted (unless in the public domain for their antiquity). Bedivere (talk) 19:33, 15 March 2024 (UTC)
Deleted: There is no evidence this emblem has been part of a "document" generated by an Ecuadorian authority, that is, an emblem enacted by decree, for example. The Ecuadorian copyright law makes no exception to these emblems. If proof can be found that the emblem has been adopted by decree or resolution, and the design is included in such act, the file could be restored. --Bedivere (talk) 16:47, 8 April 2024 (UTC)
