19 Mar

Commons:Deletion requests/File:Redacted hot air balloon festival.jpg

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Revision as of 21:28, 19 March 2013
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*'''Comment'''. The WMF legal dept. weighed in [[Commons:Deletion requests/Images of costumes tagged as copyvios by AnimeFan|here.]] The way I read it their logic would apply to hot air balloons the same way it does to costumes and we can therefore host it on commons in the original form without the black add-ons.--[[User:Canoe1967|Canoe1967]] ([[User talk:Canoe1967|talk]]) 19:13, 16 March 2013 (UTC)

*'''Comment'''. The WMF legal dept. weighed in [[Commons:Deletion requests/Images of costumes tagged as copyvios by AnimeFan|here.]] The way I read it their logic would apply to hot air balloons the same way it does to costumes and we can therefore host it on commons in the original form without the black add-ons.--[[User:Canoe1967|Canoe1967]] ([[User talk:Canoe1967|talk]]) 19:13, 16 March 2013 (UTC)

::But, we need also take into account the WMF's later "retraction": [[Commons:Image_casebook#Costumes_and_cosplay]]. --[[User:Túrelio|Túrelio]] ([[User talk:Túrelio|talk]]) 09:30, 17 March 2013 (UTC)

::But, we need also take into account the WMF's later "retraction": [[Commons:Image_casebook#Costumes_and_cosplay]]. --[[User:Túrelio|Túrelio]] ([[User talk:Túrelio|talk]]) 09:30, 17 March 2013 (UTC)

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:::Canoe1967's logic is incorrect here, too. Not all costumes are created equal; there's a difference between [http://cdn.costumesupercenter.com/csc_inc/images/items/343x432/F59579.jpg this] and [http://i00.i.aliimg.com/wsphoto/v0/672315544/2012-New-Adult-Set-Size-font-b-Costume-b-font-laughing-font-b-Horse-b-font.jpg this] -- i.e., a difference between mere elaborate clothes and wearable sculpture (the latter's mask). Indeed, Masquerade Novelty Inc v. Unique Industries Inc, 912 F. 2d 663 (3rd cir. 1990) found that masks (i.e., sculptural clothing) ''were'' eligible for copyright. Similarly, Norris Industries Inc v. International Telephone and Telegraph Corporation 696 F. 2d 918 (11th cir 1983) found that belt buckles -- inherently useful articles -- were eligible for copyright because the decorative element (the fancy buckle) could be separated from and recognized independently of the utilitarian purpose. This is the seperability test the foundation’s retraction mentions. Looking like Spongebob is not necessary for a hot air balloon to be functional – it is a purly decorative aspect and, indeed, Spongebob can exist and be recognized independently of that function; see [[COM:UA]]. [[User:elcobbola|'''Эlcobbola''']] _{[[User talk:elcobbola|talk]]} 21:28, 19 March 2013 (UTC)

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