01 Apr

Commons:Deletion requests/Files in Category:Tin toy aircraft

‎Files in Category:Tin toy aircraft: reply
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Revision as of 12:45, 1 April 2013
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:Yes these are toys, and toys are ''unambiguously'' eligible for copyright. See [[COM:TOYS]], [[COM:CB]] and the quoted case, ""[T]he statutory definition of 'useful article' suggests that toys are copyrightable. To be a 'useful article,' the item must have 'an intrinsic utilitarian function that is not merely to portray the appearance of the article.' And a toy airplane is merely a model which portrays a real airplane. To be sure, a toy airplane is to be played with and enjoyed, but a painting of an airplane, which is copyrightable, is to be looked at and enjoyed. Other than the portrayal of a real airplane, a toy airplane, like a painting, has no intrinsic utilitarian function." Gay Toys, Inc. v. Buddy L Corp., 703 F.2d 970 (6th Cir. 1983) [[User:elcobbola|'''Эlcobbola''']] _{[[User talk:elcobbola|talk]]} 19:01, 25 March 2013 (UTC)

:Yes these are toys, and toys are ''unambiguously'' eligible for copyright. See [[COM:TOYS]], [[COM:CB]] and the quoted case, ""[T]he statutory definition of 'useful article' suggests that toys are copyrightable. To be a 'useful article,' the item must have 'an intrinsic utilitarian function that is not merely to portray the appearance of the article.' And a toy airplane is merely a model which portrays a real airplane. To be sure, a toy airplane is to be played with and enjoyed, but a painting of an airplane, which is copyrightable, is to be looked at and enjoyed. Other than the portrayal of a real airplane, a toy airplane, like a painting, has no intrinsic utilitarian function." Gay Toys, Inc. v. Buddy L Corp., 703 F.2d 970 (6th Cir. 1983) [[User:elcobbola|'''Эlcobbola''']] _{[[User talk:elcobbola|talk]]} 19:01, 25 March 2013 (UTC)

::Should not all pictures of toys be removed then? And as i understood it (maybe wrongly) objects before a certain year (i believe 1964 or so) with no explicit copyright printed on them where free from copyright in the USA? Regards, [[User:Alfvanbeem|Alf van Beem]] ([[User talk:Alfvanbeem|talk]]) 13:40, 01 April 2013 (UTC)

::Should not all pictures of toys be removed then? And as i understood it (maybe wrongly) objects before a certain year (i believe 1964 or so) with no explicit copyright printed on them where free from copyright in the USA? Regards, [[User:Alfvanbeem|Alf van Beem]] ([[User talk:Alfvanbeem|talk]]) 13:40, 01 April 2013 (UTC)

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:::Toys from the United States are usually fine if they were published before 1 March 1989 without a copyright notice or before 1964 without a copyright renewal. Toys from other countries are usually only fine if the toymaker died at least 70 years ago and the toy was published before 1923. Unfortunately, it doesn't say when the toys were made or when and where they were first published, so the copyright status of all of them is unclear. --[[User:Stefan4|Stefan4]] ([[User talk:Stefan4|talk]]) 12:45, 1 April 2013 (UTC)

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