Commons:Deletion requests/Image:Josephine Baker 4.jpg

From Wikimedia Commons, the free media repository
Jump to navigation Jump to search

This deletion debate is now closed. Please do not make any edits to this archive.

Image:Josephine_Baker_4.jpg[edit]

Not in the public domain (see Article L123-9 of Le Code de La Propriété intellectuelle) Jackaranga 04:07, 18 September 2007 (UTC) This is the text: Les droits accordés par la loi du 14 juillet 1866 précitée et l'article L. 123-8 aux héritiers et ayants cause des auteurs, compositeurs ou artistes sont prorogés d'un temps égal à celui qui s'est écoulé entre le 3 septembre 1939 et le 1er janvier 1948, pour toutes les oeuvres publiées avant cette date et non tombées dans le domaine public à la date du 13 août 1941.[reply]

Translation: (from official website): The rights afforded by the above mentioned Act of July 14, 1866, and by Article L123-8 to the heirs and successors in title of the authors, composers and artists shall be extended for a period equal to that which elapsed between September 3, 1939, and January 1, 1948, for all works published before that date and which did not fall into the public domain on August 13, 1941.
The author died in 1935. 1935+70+9= 2014. That is when it will be released into the public domain. Jackaranga 04:11, 18 September 2007 (UTC)[reply]
The "war year prolongation" is added to the "right given by the law of 14 july 1866", which was 50 years at that time. The 20 years prolongation has been added by a separate law in the eighties. It has long been uncertain and disputed whether the war years and the twenty years could cumulate; it has been judged recently (3 months?) that they couldn't: war years prolongations are considered "dead" by the French jurisprudence. So the French rule is actually now 1935 + 70 = free on January 1, 2006. (Therefore, Symbol keep vote.svg Keep) Michelet-密是力 05:26, 25 September 2007 (UTC)[reply]

Symbol keep vote.svg Keep AFAIK Commons is hosted in de US. Therefore, what counts here are the rules that apply in the US. Which is: copyrights expire 70 years after the author died. Fernande 13:24, 23 September 2007 (UTC)[reply]

Nope. Please recheck the policy, and the laws, it's the laws of the country the copyright was contracted in that count. Jackaranga 01:55, 24 September 2007 (UTC)[reply]

Symbol keep vote.svg Keep Have a look at the France section of the Commons:Licensing page. It seems that the question of whether the war extensions are now French law, is uncertain. There are a large number of images in Category:Lucien Walery: the issue of whether they should be kept needs a more general discussion than we will have for this one image. Also "Lucien Walery" is a pseudonym (and one used by a number of artists). The European rules (which France is meant to have adopted) give copyright protection for 70 years after publication, for anonymous or pseudonymous works, not after the death of the (supposed) author. This whole issue needs the attention of an expert. --Simonxag 21:16, 24 September 2007 (UTC)[reply]

"70 years after publication, for anonymous or pseudonymous works" - unless the author is known afterward, which is obviously the case, since his death date seems to be known... Michelet-密是力 05:29, 25 September 2007 (UTC)[reply]
Unfortunately there is a lot of confusion about Stanislaus Walery/Lucien Waléry. I have searched the web, and what I found is that most everybody assumes that those are pseudonyms of one and the same person. One notable exception is tallulahs.com who claim they are two different people. At one point they claimed that Lucien Walery is a pseudonym of Charles Auguste Varsavaux, but that claim has been removed. Searching the web for either "Lucien Waléry" or "Charles Auguste Varsavaux" leaves me empty handed. At this point I have to agree with Simonxag "70 years after publication, for anonymous or pseudonymous works" Fernande 08:04, 25 September 2007 (UTC)[reply]
See [1] (indeed), it seems that Charles Auguste Varsavaux was a nickname of the artist, died 1935. And anyway, the other one identified died the same year, so that PD limits are the same. Michelet-密是力 21:08, 26 September 2007 (UTC)[reply]
Thanks for your biographical informations. So the whole world can now enjoy this beautiful pics without any troubles. Greetings to Fernande. Mutter Erde 12:37, 2 October 2007 (UTC)[reply]
  • Symbol keep vote.svg Keep per all of the above except Jackaranga. No matter which artist took this picture, it became PD on January 1, 2006.   — Jeff G. (talk|contribs) 18:53, 4 October 2007 (UTC)[reply]

Kept. Lupo 11:47, 11 October 2007 (UTC)[reply]