Commons:Deletion requests/File:Postcard of Ljubljana, Bank of Slovenia.jpg

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Revision as of 10:08, 22 March 2013
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::In addition to the German case, there are provisions in the act, e.g. Articles 193/2 and 193/4,[http://www.uil-sipo.si/fileadmin/upload_folder/zakonodaja/ZASP_EN_2007.pdf] which are truly retroactive. Claiming that the act is unconstitutional and invalid because of them should be first proven in the court. Or, a source should be provided stating that images published in Yugoslavia are still free for any usage, including the usage of copyrighted architecture for commercial purposes, despite the modern copyright act in Slovenia stating that works in public premises may not be used for economic gain, and in contrast to photographs that have been given to the public domain by their authors. --[[User:Eleassar|Eleassar]] ^{[[User talk:Eleassar|(t/p)]]} 08:21, 11 March 2013 (UTC)
 
::In addition to the German case, there are provisions in the act, e.g. Articles 193/2 and 193/4,[http://www.uil-sipo.si/fileadmin/upload_folder/zakonodaja/ZASP_EN_2007.pdf] which are truly retroactive. Claiming that the act is unconstitutional and invalid because of them should be first proven in the court. Or, a source should be provided stating that images published in Yugoslavia are still free for any usage, including the usage of copyrighted architecture for commercial purposes, despite the modern copyright act in Slovenia stating that works in public premises may not be used for economic gain, and in contrast to photographs that have been given to the public domain by their authors. --[[User:Eleassar|Eleassar]] ^{[[User talk:Eleassar|(t/p)]]} 08:21, 11 March 2013 (UTC)
 
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Ugh. This case has all sorts of complications. The photos should be fine in the US from the sounds of it, if they were PD in their source country (presumably Slovenia) in 1996. The terms would have been 50pma at most, and probably less for photos, so they were in all probability not restored by the URAA. In the U.S., photos of buildings are not considered derivative works. So the U.S. angle is fine, and they could at the very least be moved to en-wiki since they just use U.S. law. As for the "country of origin"... oof. The photos were presumably published in Yugoslavia, which has several successor nations -- if it is considered "simultaneously published" in all such countries then the Berne Convention would use the country with the shortest term -- for the ''photo''. For buildings, I think it is defined as the country where the building is located, which I guess is Slovenia. Retroactivity... the 1995 law was definitely not retroactive. Usually the place to look is the "transitional" sections towards the end; the 1995 law (section 193 in the link above) says it only applies to works which were still protected under the Yugoslav copyright law at the time. The EU copyright directives typically requires retroactive restorations, and it seems their 2004 law (article 24(1)) does this (though they use the date Slovenia acceded to the EU, and not the date in the original EU copyright term directive). It's not a guarantee though -- it appears Romania never made its law retroactive despite joining the EU. It's... an interesting question whether that causes the photo to become a derivative work. Is it only photos taken after the law went into effect which are a problem, or are all old photos now a problem. The transitional parts give some OK to existing exploitations -- was the photo itself the exploitation, or only physical copies of that photo extant on that date? Secondly, we may well have a situation where the country of origin of the ''photo'' is different than the country of origin of the building. Which does Commons use? In general we seem to allow photos of a sculpture placed in a FoP country even if the country of origin of the sculpture is a different country -- we use the law where the photo was taken, as a more expedient policy since that was what the photographer expected. This is a variation on that situation, but a little bit different. [[User:Clindberg|Carl Lindberg]] ([[User talk:Clindberg|talk]]) 10:08, 22 March 2013 (UTC)
 

 

 

 

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