31 Mar

Commons:Deletion requests/File:Hillsboro Shute wooden Indian head sculpture.JPG

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Revision as of 03:02, 31 March 2013
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::::The case you are quoting was about publication before 1978. That's why you are talking about general versus limited publication. According to [[Commons:Public art and copyrights in the US]], the old system with general versus limited publication if the activity occurred before 1978, whereas the new system (17 U.S.C. 101) is used if the activity occurred after 1977. Since this sculpture was something which was not exhibited until after 1977, you need to compare with cases using the new system and not cases using the old system. --[[User:Stefan4|Stefan4]] ([[User talk:Stefan4|talk]]) 00:53, 7 March 2013 (UTC)

::::The case you are quoting was about publication before 1978. That's why you are talking about general versus limited publication. According to [[Commons:Public art and copyrights in the US]], the old system with general versus limited publication if the activity occurred before 1978, whereas the new system (17 U.S.C. 101) is used if the activity occurred after 1977. Since this sculpture was something which was not exhibited until after 1977, you need to compare with cases using the new system and not cases using the old system. --[[User:Stefan4|Stefan4]] ([[User talk:Stefan4|talk]]) 00:53, 7 March 2013 (UTC)

:::::Umm, yeah, I know, that's why I said: "Now obviously cases decided under prior laws may have been superseded by statute, but I don't think so as to this particular aspect. And, I think the analysis/test remains sound." So, I'll stick to my training as an attorney and not some opinion piece on Commons. To which the only case I see post-1978 is the Korean War Memorial one, and that was created in 1990, which is after the 1989 change and the sculpture was registered, which is rather different than the situation at bar. [[User:Aboutmovies|M.O. Stevens]] 16:01, 7 March 2013 (UTC)

:::::Umm, yeah, I know, that's why I said: "Now obviously cases decided under prior laws may have been superseded by statute, but I don't think so as to this particular aspect. And, I think the analysis/test remains sound." So, I'll stick to my training as an attorney and not some opinion piece on Commons. To which the only case I see post-1978 is the Korean War Memorial one, and that was created in 1990, which is after the 1989 change and the sculpture was registered, which is rather different than the situation at bar. [[User:Aboutmovies|M.O. Stevens]] 16:01, 7 March 2013 (UTC)
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:::::::no, PD-US-1978-89, does not apply to published works alone. rather, one could find a published derivative of this work in the newspaper, or dedication program which would qualify as publication. a higher bar than pre-1978, but not impossible. if you would work with uploaders to fix the license, maybe we could get more work done. how about a migrate to english as "fair use"? [[User:Slowking4| Slowking4]]⇔[[User_talk:Slowking4| †@1₭]] 03:02, 31 March 2013 (UTC)

[[Category:United States FOP cases/pending]]

[[Category:United States FOP cases/pending]]

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