Wikipedia:Possibly unfree files/2013 July 31



File:Airsinai cut.jpg

 * The following discussion is an archived inquiry of the possible unfree file below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the discussion was: Convert to fair use. Magog the Ogre (t • c) 18:53, 18 August 2013 (UTC)
 * File:Airsinai cut.jpg ([ delete] | talk | [ history] | [ logs]).


 * This is logo artwork. Sfan00 IMG (talk) 10:59, 31 July 2013 (UTC)
 * Convert to fairuse -- 76.65.128.222 (talk) 04:55, 1 August 2013 (UTC)
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File:Beriev be10.jpg

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The result of the debate was: Delete; deleted by AnomieBOT ⚡  06:05, 3 October 2013 (UTC)


 * File:Beriev be10.jpg ([ delete] | talk | [ history] | [ logs]).


 * This aircraft first flew in 1956. If we assume this is an anonymous Soviet archive photo, it was still in copyright on URAA date of 1996, because 1956+50=2006. (50 comes from the 1993 Russian law in force at URAA date, which retroactively extended even expired Soviet copyrights.) So it's not PD in the US as claimed by the PD-URAA license template used. Also, Russia now (unlike in 1996) has a 70-year copyright [again granted retroactively], so the image won't be PD until 2026 at the earliest. Someone not using his real name (talk) 12:04, 31 July 2013 (UTC)
 * Yes, it is not PD for en-Wikipedia. Alex Spade (talk) 17:52, 31 July 2013 (UTC)
 * Making a note here that on this page the same photo is credited as "courtesy of Andrew I. Salnikov (andrew@beriev.com)" Someone not using his real name (talk) 09:45, 1 August 2013 (UTC)
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File:Yak-9T with 45mm prototype.png

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The result of the discussion was: no consensus. &mdash;Darkwind (talk) 17:45, 3 October 2013 (UTC)
 * File:Yak-9T with 45mm prototype.png ([ delete] | talk | [ history] | [ logs]).

I think the text of the Russian law by itself is unclear in that regard. Some legal commentary would certainly help. Here's the text of the law article in question:
 * Alas, the wiki guideline on Russian copyright was incomplete. Article 27, paragraph 5 of the 1993 Russian law provides an extra four years of copyright if the author worked during or took part in the Great Patriotic War, which seems to be the case here. That provision puts this photo a year two over the URAA deadline, meaning the photo was not PD on Januray 1, 1996 in Russia, and therefore it's not PD in the US either. The new copyright by the Russian 2008 law is even longer at 74 years (the new law also has the extra four years provision, besides making base copyright 70 years). So this photo won't be PD in the US until 2017 at the very earliest. Someone not using his real name (talk) 16:42, 31 July 2013 (UTC)
 * Anonymous works have not got expanded copyright term (+4 years), they have got base 50/70 years copyright term only. If publication date is correct, it is PD in US, because it was PD on Jan.1, 1996 in Russia (but file can not be moved to Commons, because it is not PD in Russia now and will be again PD in Russia in 2015 only). Alex Spade (talk) 18:00, 31 July 2013 (UTC)

Статья 27. Срок действия авторского права

1. Авторское право действует в течение всей жизни автора и 50 лет после его смерти, кроме случаев, предусмотренных настоящей статьей.

Право авторства, право на имя и право на защиту репутации автора охраняются бессрочно.

2. Автор вправе в том же порядке, в каком назначается исполнитель завещания, указать лицо, на которое он возлагает охрану права авторства, права на имя и права на защиту своей репутации после своей смерти. Это лицо осуществляет свои полномочия пожизненно.

При отсутствии таких указаний охрана права авторства, права на имя и права на защиту репутации автора после его смерти осуществляется его наследниками или специально уполномоченным органом Российской Федерации, который осуществляет такую охрану, если наследников нет или их авторское право прекратилось.

3. Авторское право на произведение, обнародованное анонимно или под псевдонимом, действует в течение 50 лет после даты его правомерного обнародования.

Если в течение указанного срока автор произведения, выпущенного анонимно или под псевдонимом, раскроет свою личность или его личность не будет далее оставлять сомнений, то применяется положение абзаца первого "пункта 1" настоящей статьи.

4. Авторское право на произведение, созданное в соавторстве, действует в течение всей жизни и 50 лет после смерти последнего автора, пережившего других соавторов.

5. Авторское право на произведение, впервые выпущенное в свет после смерти автора, действует в течение 50 лет после его выпуска.

В случае, если автор был репрессирован и реабилитирован посмертно, то срок охраны прав, предусмотренный настоящей статьей, начинает действовать с 1 января года, следующего за годом реабилитации.

В случае, если автор работал во время Великой Отечественной войны или участвовал в ней, то срок охраны авторских прав, предусмотренный настоящей статьей, увеличивается на 4 года.

6. Исчисление сроков, предусмотренных настоящей статьей, начинается с 1 января года, следующего за годом, в котором имел место юридический факт, являющийся основанием для начала течения срока.

Relevant paragraphs are (2) which establishes the rule for works with unknown/anonymous authors and (5) which is the one about the extra four years for war participants/workers. There's a substantial amount coverage about the 1993 Russian law in our wiki article, but the issue of war photos with unnamed authors is not covered. This can't be that esoteric given the vast amounts of Soviet wartime photography, so presumably it did come up somewhere in some secondary source. Someone not using his real name (talk) 18:49, 31 July 2013 (UTC)
 * Relevant paragraphs are (3) and (5), if you are talking about old law (which is cited), or (2) and (5) in similar article 1281 of current law.
 * There is no author (natural person, which name is stated on original or copy of work) for anonymous work. Par.5 talks about author (автор) only. If Russian legislators have wanted to expand par.5 to anonymous works, they have used both terms - author (автор)(see par.1 and par.4) and anonymous work (произведение, обнародованное анонимно)(see par.3). Alex Spade (talk) 00:03, 1 August 2013 (UTC)
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File:I-180.jpg

 * The following discussion is an archived inquiry of the possible unfree file below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the discussion was: keep. &mdash;Darkwind (talk) 17:51, 3 October 2013 (UTC)
 * File:I-180.jpg ([ delete] | talk | [ history] | [ logs]).


 * Being published prior to 1996 does not make this file PD in the US. This image might qualify if it can be established it was published in Russia before 1939. That plus 54 years of copyright given by the 1993 Russian law (assuming the author is unknown, but took part in the Great Patriotic War) would make it eligible for PD-URAA via expired Russian copyright on 1 Jan 1996. I'll try to find out when this photo was likely taken. Someone not using his real name (talk) 17:14, 31 July 2013 (UTC)
 * If this photo was taken in 1938 it would even qualify for PD under the current Russian law, which (assuming unknown author, but who took part in WWII) gives 74 years of copyright from date of "legal disclosure", which essentially means when a photo is shown to somebody else (for all practical purposes that equals when it was taken.) Someone not using his real name (talk) 17:20, 31 July 2013 (UTC)
 * Anonymous works have not got expanded copyright term (+4 years), they have got base 50/70 years copyright term only. So, if this file was published before Jan. 1, 1943, it is PD. But, unfortunately, we don't know, when it was published. Alex Spade (talk) 17:49, 31 July 2013 (UTC)
 * I've used the 2001 book Polikarpov's I-16 fighter (ISBN 1-85780-131-8) to confirm this is indeed the I-180-3 (that is the third I-180 prototype built). The first flight of the I-180-3 was on 10 Feb 1940 (on skis). This later, summer 1940 picture was taken after it was given wheels and [according to the source] a fresh coat of paint as well before being taken to the NII VVS. So the photo had clearly entered PD in Russia at URAA date, I think, even under the most conservative 54-year copyright by the 1993 law. I'll tag it accordingly. Someone not using his real name (talk) 20:04, 31 July 2013 (UTC)
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File:Kyle (rapper).png

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The result of the debate was: Delete; deleted as F9 by AnomieBOT ⚡  16:09, 10 August 2013 (UTC)


 * File:Kyle (rapper).png ([ delete] | talk | [ history] | [ logs]).


 * Appears to be a crop from the image at http://www.hellhoundmusic.com/kyle-releases-new-episode-of-everybody-loves-kyle/ and not the work of the uploader as claimed. Eeekster (talk) 20:14, 31 July 2013 (UTC)
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File:Giving speech at 2007 Election.jpg

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The result of the debate was: Delete; deleted by AnomieBOT ⚡  20:38, 18 August 2013 (UTC)


 * File:Giving speech at 2007 Election.jpg ([ delete] | talk | [ history] | [ logs]).


 * "All rights reserved" per the Flickr source here. I'm listing here, rather than deleting outright, because there's a strong likelihood that the uploader is also the original creator/rightsholder. (ESkog)(Talk) 22:49, 31 July 2013 (UTC)
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File:TimBurgess.jpg

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The result of the debate was: Delete; deleted by AnomieBOT ⚡  06:05, 3 October 2013 (UTC)


 * File:TimBurgess.jpg ([ delete] | talk | [ history] | [ logs]).


 * no proof of ownership other then own work this might be copyrighted Redsky89 (talk) 23:43, 31 July 2013 (UTC)
 * Delete. Published at a slightly higher resolution at a year before upload here,  and  also have it at a higher resolution.  January  ( talk ) 17:32, 2 October 2013 (UTC)
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