27 Mar

Commons:Deletion requests/File:A picture from China every day 043.jpg

c
← Older revision
Revision as of 11:40, 27 March 2013
Line 6:
Line 6:

:I'm not desperate to keep these photos, so will not be devastated if they go, I would just like to see a pragmatic approach to interpreting the more unusual FoP requirement for China. Thanks --[[User:Fæ|Fæ]] ([[User talk:Fæ|talk]]) 09:51, 27 March 2013 (UTC)

:I'm not desperate to keep these photos, so will not be devastated if they go, I would just like to see a pragmatic approach to interpreting the more unusual FoP requirement for China. Thanks --[[User:Fæ|Fæ]] ([[User talk:Fæ|talk]]) 09:51, 27 March 2013 (UTC)

::There's no "allowable time" to host a copyvio - it's like all other copyright, if you aren't compliant, you're violating the copyright laws. There is already a digitally photographed copy of the statue, and now copies of that on two media hosts. We are already reusing the statue! Commons tends to give some (usually 7 days) grace to fix up errors, but that has been well exceeded for these images. The Chinese law doesn't say "you should ask around and hope that eventually one of your friends comes up with the correct attribution". --[[User:99of9|99of9]] ([[User talk:99of9|talk]]) 11:14, 27 March 2013 (UTC)

::There's no "allowable time" to host a copyvio - it's like all other copyright, if you aren't compliant, you're violating the copyright laws. There is already a digitally photographed copy of the statue, and now copies of that on two media hosts. We are already reusing the statue! Commons tends to give some (usually 7 days) grace to fix up errors, but that has been well exceeded for these images. The Chinese law doesn't say "you should ask around and hope that eventually one of your friends comes up with the correct attribution". --[[User:99of9|99of9]] ([[User talk:99of9|talk]]) 11:14, 27 March 2013 (UTC)

+
:::We should also recognize that copyright law is subject to interpretation and pragmatism in implementation. Nobody has yet to point to any real-life legal cases based on a failure of attribution under the FoP act for China. FoP does apply to this photograph, so it is only this detail that remains. Should the creator ever come forward then the remedy would be to add the attribution, as the photograph itself is correctly covered by FoP, there can be no particular damage from it being public so long as this is not denied. It would be great if someone interested in this part of IP law in China could provide some relevant case law to illuminate the Commons guidelines. Thanks --[[User:Fæ|Fæ]] ([[User talk:Fæ|talk]]) 11:40, 27 March 2013 (UTC)

http://commons.wikimedia.org/w/index.php?title=Commons:Deletion_requests/File:A_picture_from_China_every_day_043.jpg&diff=93359087&oldid=93357372