Commons:Deletion requests/File:Fioremilleeunanotte-freccia.png
This photogram of a Pasolini film cannot be considered as deprived of artistic quality and is therefore not in the public domain. — Racconish ☎ 18:03, 25 December 2015 (UTC)
I withdraw my nomination. See here. — Racconish ☎ 12:31, 5 January 2016 (UTC)
Kept: as above. Yann (talk) 16:24, 5 January 2016 (UTC)
This file was initially tagged by OswaldLR as Copyvio (SD) and the most recent rationale was: F1|the film wasn't shot in Italy Kadı Message 22:00, 7 February 2023 (UTC)
KeepThe film is considered as an Italian work, the place of shooting has no importance, the law of the country of production applies. Regards Adri08 (talk) 09:28, 8 February 2023 (UTC)
- The film is a coproduction between Italy and France. OswaldLR (talk) 11:26, 8 February 2023 (UTC)
- But the photogram is by Pasolini and it's the Italian law that applies : The whole films are protected for 70 years while single frames are expressly considered "simple photographs" and are therefore protected for 20 years. -- Adri08 (talk) 16:34, 9 February 2023 (UTC)
- First you talked about the country of production, then about the director. It seems to me that you for one are not sure on how to apply this license... Other screenshots from italian films (or by italian directors) were deleted for the same reason, and in italian Wiki the PD-Italy template can be applied only to photographs shot in Italy even if it recalls the same laws. Maybe this discussion can be an occasion to establish how to use this license. OswaldLR (talk) 18:43, 9 February 2023 (UTC)
- But the photogram is by Pasolini and it's the Italian law that applies : The whole films are protected for 70 years while single frames are expressly considered "simple photographs" and are therefore protected for 20 years. -- Adri08 (talk) 16:34, 9 February 2023 (UTC)
- The film is a coproduction between Italy and France. OswaldLR (talk) 11:26, 8 February 2023 (UTC)
Delete: w:Arabian Nights (1974 film) has been the subject of discussion at Commons:Village_pump/Copyright/Archive/2023/03#Copyright_1974_Italian_film? Although this image may pass the first Commons hurdle of {{PD-Italy}} – which states that movie stills enter the public domain in Italy only 20 years after publication – it nevertheless fails the second hurdle of {{PD-1996}}, due to the film having been registered for US copyright in 1979 (with copyright renewal in 2002). In other words, the image may be out of copyright in Italy, but not in the USA (where Commons is hosted), as required by COM:L. Muzilon (talk) 22:48, 14 March 2023 (UTC)
Keep Per previous deletion request, plus we don't delete files on the sole basis of URAA. However the file must be tagged with {{Not-PD-US-URAA}}. See Commons:Massive restoration of deleted images by the URAA. --Ruthven (msg) 08:16, 15 March 2023 (UTC)
Comment: I don't profess to be an expert on the URAA, but I question whether it applies here. As I understand it, the URAA restored US copyright on many non-US works that were copyrighted in their country of origin but had lapsed into the public domain in the USA. This is the opposite scenario: the image is public domain in its country of origin (Italy) but has never been out of copyright in the USA – see COM:Subsisting copyright. As discussed on the Village Pump/Copyright talk page, the film was released with an Italian copyright notice in 1974 and was registered for its own U.S. copyright in 1979 (and the latter was renewed in 2002). Unlike Italy, the USA does not (as far as I'm aware) make a copyright distinction between movie stills and the entire movie those stills are sourced from. As the USA does not follow the w:Rule of the shorter term, the film and any stills therefrom remain under copyright in the USA for
95 years from the date of release, regardless of the URAA. Therefore, this image will not enter the public domain in the USA until 2070 at the earliest. In short, the image fails COM:Licensing, which requires images to be freely licensed in both the USA and the country of origin. Muzilon (talk) 19:56, 18 March 2023 (UTC)
- Delete That is not the URAA policy -- we delete if it can be shown that a work was restored, and there is a significant doubt to the U.S. status (you can't simply claim URAA though, you do have to show it). The link you mention was superseded very shortly thereafter to the current wording in Commons:Licensing and Commons:URAA. However, the URAA tag assumes that the work fell out of the U.S. public domain in the first place -- that is part of using {{PD-1996}}. The film in question had a copyright notice as mentioned above, so this has always been copyrighted in the U.S. (and will be until 2070), and there was no URAA restoration needed. It has also been registered in the U.S., so any infringing usages there without permission are subject to automatic damages. The PD-1996 tag on the image is incorrect. Carl Lindberg (talk) 03:47, 22 March 2023 (UTC)
Deleted: per nomination and discussion; unfree in the United States. —Mdaniels5757 (talk • contribs) 18:09, 24 June 2023 (UTC)
