Wikipedia:Featured picture candidates/Aerial bombardment of Barcelona

Bombardment of Barcelona
Voting period ends on 29 Aug 2010 at 14:37:06 (UTC)
 * Reason:A good, clear photo showing important historical events.
 * Articles in which this image appears:Spanish Civil War, History of FC Barcelona
 * Featured_pictures/History/War
 * Creator:Italian airforce


 * Support as nominator --Sandman888 (talk) Latest PR 14:37, 20 August 2010 (UTC)
 * Comment: The copyright status of this image is a little ambiguous. Could it please be clarified? J Milburn (talk) 15:27, 20 August 2010 (UTC)

Suspended until copyright status is clarified. Makeemlighter (talk) 03:18, 29 August 2010 (UTC)
 * I have taken the liberty of collapsing the long-winded argument. We have to move forward, so what is the next step? Sandman888 (talk) Latest PR 08:51, 27 August 2010 (UTC)
 * Not helpful. However, the next step is someone adding a template explaining the copyright status in the US, as, frankly, it doesn't matter whether it's in the PD in Italy. J Milburn (talk) 10:50, 28 August 2010 (UTC)
 * Support Per nom. The unusually lucky lighting angle is an interesting effect I haven’t seen before in aerial bombardment photos before. And when I click on the fully zoomed version, it is quite sharp and interesting. Very unusual for its genre. Greg L (talk) 19:30, 20 August 2010 (UTC)
 * Support very interesting Hive001   contact  20:29, 20 August 2010 (UTC)
 * Support Presuming copyright checks out. Adam Cuerden (talk) 13:19, 21 August 2010 (UTC)
 * Support Presuming copyright checks out.  P. S. Burton  (talk)  22:58, 25 August 2010 (UTC)
 * Support. I believe that the image is PD, entirely on the basis of creator. Unless this was published in Spain at any time, I have no idea how or why Spanish law applies - it never applies to DoD works on Wikipedia, and never will. Mostlyharmless (talk) 11:01, 27 August 2010 (UTC)
 * Not the same thing. The DOD takes pictures and then releases them; that works under any law. What is being claimed here is that a picture taken in Spain is PD under Italian law, and so must be PD in the US. Very different thing. As I said below, at the very least, we will need a tag explaining the copyright status in the US- at the end of the day, it really doesn't matter if it's PD in Italy, only whether it's PD in the US. J Milburn (talk) 10:47, 28 August 2010 (UTC)
 * Support As the discussion above was collapsed I'll just put in my closing thoughts here (Milburn and I can go on forever, I've little more to say on the matter after this). I believe the image is PD. I think it is rational to believe that the Italian air force has the rights to this image and that they no longer hold the copyright to it (as a result of Italian law making any image before 1976 PD). As I showed above, because it is PD there, it is PD in the US. As for its status in Spain, it would have had to have been published in Spain for the nation's laws to come into consideration here. I've seen no evidence of this and even if it were published there it would have likely been during the war which would still make this image PD as Spanish copyright for collective works expires 70 years after its first publication. The Spain point is, however, moot given the situation in Italy. As for how to continue, I would suggest that we contact all of the voters and see if a broader consensus is reached on the image's status. If the consensus is in favor of it being PD, we can promote the image and move on. If Milburn still feels strongly enough about this after the fact it can be nominated for deletion and delisting. Cowtowner (talk) 03:21, 28 August 2010 (UTC)
 * At danger of repeating myself (and, for what it's worth, I strongly think the discussion should not have been colllapsed- it was relevant and unconcluded) we cannot promote this until we are certain about the copyright. At the very least, we will need to see a copyright tag explaining its status in the US as well as in Italy- at the end of the day, we don't really care what its status is in Italy unless it is pertinent to its status in the US (which it may or may not be, yadda yadda). It wouldn't even be important on Commons, where an image is required to be PD in the source country (in this case, Spain- it was taken in Spain, that's its source, that's where it comes from- there's really no point debating that) and the US. J Milburn (talk) 10:44, 28 August 2010 (UTC)
 * That tag is on there. It does explain why it is PD in Italy and therefore in the US. You know how I feel about the source. If we reach a consensus about the copyright here then we can promote it. If we don't we'll suspend and look for other avenues be it a deletion nomination or something else. Cowtowner (talk) 16:01, 28 August 2010 (UTC)
 * I see it does. That would be true if the source country for this was Italy. Right, I'm gonna go ahead and nominate it for deletion. J Milburn (talk) 18:12, 28 August 2010 (UTC)
 * Support if PD, delete otherwise. I suspect it is not PD, but FPC is not the right forum for deciding this point. --Avenue (talk) 15:05, 28 August 2010 (UTC)
 * Comment: Ok, nominated at Possibly unfree files/2010 August 28, and I will be requesting some outside input from various places. Can we please suspend this nomination until we get some firm evidence this is PD or it is deleted? J Milburn (talk) 18:19, 28 August 2010 (UTC)

--Makeemlighter (talk) 15:25, 1 September 2010 (UTC)
 * Consensus established this as Public Domain. See this. Makeemlighter (talk) 15:25, 1 September 2010 (UTC)