Commons:Deletion requests/Files in Category:1957 Japanese movie posters

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Files in Category:1957 Japanese movie posters

These posters are all {{PD-Japan-organization}}, meaning that they were published at least 50 years ago. However, they were not yet in the public domain in Japan on the URAA date (1 January 1996), so they are copyrighted for 95 years from publication in the United States. Commons requires files to be free in both the United States and in the source country.

Stefan4 (talk) 13:52, 17 July 2012 (UTC)[reply]

Delete all per nom. cmadler (talk) 14:18, 17 July 2012 (UTC)[reply]

Can they be transferred to ja.wikipedia.org ? Can we assume that they are published 50 years ago in the US? -- Rillke^(q?) 14:45, 17 July 2012 (UTC)[reply]

As far as I know, Japanese Wikipedia only allows fair use of outdoors artworks, extending COM:FOP#Japan a bit. I'm not sure what Japanese Wikipedia does if a Japanese work is PD in Japan but not in the United States, though. --Stefan4 (talk) 14:49, 17 July 2012 (UTC)[reply]

At the least, they could be uploaded on Wikilivres. cmadler (talk) 14:53, 17 July 2012 (UTC)[reply]

Comment - any of these that were simultaneously published in the US are probably PD. Presumably, that is none of them unless the lettering is in English as well. Magog the Ogre (talk) 14:53, 17 July 2012 (UTC)[reply]

Comment Related discussions:
- Commons:Deletion requests/All files copyrighted in the US under the URAA.
- Commons:WikiProject Public Domain/URAA review.
Comment Keep Keep somewhere and ideally keep in common repository. - Place categories from the Category:1946 Japanese movie posters to the Category:1961 Japanese movie posters into the Category:Works copyrighted in the U.S. and resolve these 15 years of visual culture of Japanese history in such way that will allow using of these copyright free Japanese images at least in Japan and ideally in ALL countries except of the USA if the USA has such ...... laws. --Snek01 (talk) 09:36, 18 July 2012 (UTC)[reply]
- Unfortunately Commons is subject to US laws, because the servers are in the US, because the WMF is incorporated in the US, and because it uses a .org TLD (US claims jurisdiction over all .org, .com, and .net sites) -- any one of those would be enough. So unfortunately we simply can't keep these here. But as I mentioned above, these can be uploaded on Wikilivres, since Canada uses the rule of the shorter term. cmadler (talk) 13:33, 18 July 2012 (UTC)[reply]
  - What in the world is Wikilivres? The only sites I can find are fr.wikibooks and a dead domain wikilivres.info. Magog the Ogre (talk) 14:21, 18 July 2012 (UTC)[reply]
    - It's wikilivres.ca (I think it recently moved there from wikilivres.info, probably because of concerns of the US claiming jurisdiction over the .info top-level domain). It's run by Wikimedia Canada (I think User:Yann in particular) and hosts texts and multimedia files which can't be hosted on WMF sites due to US copyright law -- exactly the case here. cmadler (talk) 15:07, 18 July 2012 (UTC)[reply]
      - Someone should contact a dev and have them add it to m:Interwiki map. Maybe some day, if the site is a stunning success, we could even have it work like Commons does where images are displayed from it. Magog the Ogre (talk) 15:12, 18 July 2012 (UTC)[reply]
      - Oh wait, that's already done: wikilivres:. Magog the Ogre (talk) 15:14, 18 July 2012 (UTC)[reply]
        It would be nice if someone could set up a bot to automatically copy files to Wikilivres. User:Commons fair use upload bot already uploads files to English Wikipedia and some other projects and it would probably be trivial to adjust the code to work for Wikilivres. I assume that many of the posters qualify for fair use on English Wikipedia and other projects. Posters from 1946-1956 are tricky: photos published in 1956 or earlier were copyrighted in Japan for 10 years since publication (and were thus already in the public domain in Japan well before the URAA date). Some posters from that era exclusively consist of photos and are presumably fine. See {{PD-Japan-oldphoto}} for details. --Stefan4 (talk) 21:49, 18 July 2012 (UTC)[reply]

Stefan, non of these poster is tagged with PD-Japan-oldphoto and non of these poster could be tagged with PD-Japan-oldphoto. Deleting Japanese movie posters from Commons affect all Japanese movie posters from 1946 to 1961. --Snek01 (talk) 23:14, 18 July 2012 (UTC)[reply]

None of these posters qualify for {{PD-Japan-oldphoto}} since they are from 1957. However, some posters from the 1946-1956 qualify for {{PD-Japan-oldphoto}}. --Stefan4 (talk) 23:27, 18 July 2012 (UTC)[reply]

To resolve this requires more effort than just ad hoc suggestions as above. I disagree with the suggestion to move images to some wikilivres, because 1) that is completely unrelated to Wikimedia Foundation, ~~nobody knows the owner and that site could be anytime sold to anybody or shutted down;~~ 2) there is not possible to transclude images from wikilivres to Wikimedia Projects.
It affect millions of works, and there is ongoing discussion at Commons:Requests for comment/Commons Abroad and related ideas that could resolve the situation. --Snek01 (talk) 23:14, 18 July 2012 (UTC)[reply]
- Wikilivres is owned by Wikimedia Canada and was formerly owned by User:Yann. Are you saying that no one knows who's behind Wikimedia Canada?
- The Commons Abroad discussion isn't really ongoing but stalled. It is possibly illegal for the Wikimedia Foundation to operate a website outside the United States which violates United States copyright law, so the website would have to be operated by someone else instead, for example by Wikimedia Canada.
- It would probably be illegal for the Wikimedia Foundation to set up Wikimedia projects to transclude images from an external site if the external site violates United States copyright. --Stefan4 (talk) 23:27, 18 July 2012 (UTC)[reply]

Thanks for information about wikilivres and thanks for some possibly probable information. There is also possibly legal to transclude images from other websites in the same way as for example Google Images. --Snek01 (talk) 00:29, 19 July 2012 (UTC)[reply]

Deleted: Unclear copyright status. Unless we have clear, written/textual, tangible evidence indicating that these files are indeed freely licensed under a Commons compatiable license, we cannot host them on Commons FASTILY_s ^(TALK) 08:58, 12 September 2012 (UTC)[reply]

Any files listed here that were deleted and which are in the public domain in New Zealand have been reuploaded under their original filenames at Wikilivres, a New Zealand wiki unaffiliated with the Wikimedia Foundation.

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