Commons:Deletion requests/Files in Category:National Theatre Bucharest

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Files in Category:National Theatre Bucharest

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In most countries, all paintings, sculpture, architecture, text, and other creative works have copyrights which last for 70 years after the death of the creator. An image of a work that is still under copyright is a derivative work, and infringes on the copyright so that we cannot usually keep the image on Commons. In some countries, there is a special exception to the copyright law which allows such images under certain circumstances. We call that exception freedom of panorama (FOP). Unfortunately there is no applicable FOP exception in Romania.

A1Cafel (talk) 04:50, 7 June 2023 (UTC)[reply]

  1. It appears that Romania has transposed almost all of the provisions of Directive 2001/29/EC in this respect, even if most of them are not compulsory.

Those limitations for the use of a copyright protected work are subject to several conditions, such as: the protected work has been already been brought to the public knowledge, such use is in conformity to the public practice, such use does not contravene the normal exploitation of the work and it is not prejudicial to the author or to the owners of the exploitation rights. Directive 2001/29/EC ART:5(3): Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases: (c) reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author's name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author's name, is indicated, unless this turns out to be impossible;

According to the EU parliament the article 5.3(c): is transposed by the following articles:


Article 33(2)(a) and (c) (a) of brief excerpts from press articles and radio or televised reportages, for informative purposes on current events, except those for which such a use is expressly reserved;678 (c) of brief excerpts of the works, within information on current events, to the extent justified by the informative purpose;


    1. The Romanian law except the copyright for the news and public interests: some pictures depict the removal facade added in 1986.The building is shown without facade. Is the is the inner structure of the theatre.

https://www.businessmagazin.ro/arta-si-societate/lifestyle/renovarea-tnb-o-afacere-de-40-mil-2451477 the news is about removing the current facade added to the foyer of the Great Hall and returning to the original structural solution. The massive arches of the current facade are artificially unloaded on the structure of an underground parking lot that has no way of taking such loads. Their "flow" is already visible, and when an earthquake over 6.5 degrees on the Richter scale occurs, the danger of collapse appears. https://www.tnb.ro/ro/brief-history

    1. The national Theatre is a public building : making a phot of a public building represent a public interest
    2. the national was granted European funds: one example here https://www.tnb.ro/ro/bunuri-culturale-restaurate-din-colectia-muzeului-tnb-conferinta-si-vernisaj-expozitie
    3. Romania is member of European Union subject to EuThreaty https://en.wikipedia.org/wiki/Treaties_of_the_European_Union
    4. Romania has transposed Directive 2001/29/EC https://www.europarl.europa.eu/RegData/etudes/STUD/2018/625126/EPRS_STU(2018)625126_EN.pdf

or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author's name, is indicated, unless this turns out to be impossible;

    1. according to the Eu Parliament

the exception for : use of works, such as works of architecture or sculpture, made to be located permanently in public places; was transposed in romanian legislation Article 33(1)(f) corroborated with the introductory part of 33(1) According to european Parliament page 310 https://www.europarl.europa.eu/RegData/etudes/STUD/2018/625126/EPRS_STU(2018)625126_EN.pdf

    1. The exception for: incidental inclusion of a work or other subject- matter in other material;was transposed in Romanian legislation by article 33(1)(f) corroborated with the introductory part of 33(1)
    2. use for the purpose of caricature, parody was transposed in romanian law by Article 35 introductory part and point (b)
      1. All the works regarding Caragiale statues or group of statues is for the purpose of caricature, parody
    3. Regarding my picture https://commons.wikimedia.org/wiki/File:Teatrul_National_IMG_6578.JPG there is an exception according to EU law : use in connection with the demonstration or repair of equipment; In the image the crane is visible during the testing, and the building is shown during repair work . The exception is implemented in romanian law by article Article 37(1) see: https://www.europarl.europa.eu/RegData/etudes/STUD/2018/625126/EPRS_STU(2018)625126_EN.pdf page 311
    4. The article 33 from romanian law should be interpreted as: The exceptions and limitations provided for in paragraphs 1, 2, 3 and 4 shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject- matter and do not unreasonably prejudice the legitimate interests of the rightholder.
  1. bulk tagging is an abuse: every picture should be judged by context. Most of them were published in particular informative contexts.

CristianChirita (talk)

  1.  Comment For my picture File:Romania Km 0.JPG, please keep a cropped version with the top of the Kilometer sign. --TwoWings * to talk or not to talk... 12:53, 7 June 2023 (UTC)[reply]
@CristianChirita: content on Wikimedia Commons must be freely usable by anyone in the world, even commercially per COM:Licensing. Content in which the license is for informative and/or historical purposes only cannot be hosted here. The relevant freedom of panorama provision of Romania, as written here, is not sufficient because commercial use is not allowed.
Public buildings in Romania can be copyrighted too: kindly research on the news about the Romanian Parliament's Chamber of Deputies being sued by the heirs of the architect of Palace of the Parliament because they sold souvenir and novelty items depicting the public building's exteriors. The Palace of the Parliament is a more famous building than this theater and is certainly public as it is owned by the government, yet the government itself — at least the Chamber of Deputies of the Parliament who is supposed to be the building owner — got sued by the heirs of the building architect? Not everything "public" as you think is free. JWilz12345 (Talk|Contrib's.) 07:43, 24 June 2023 (UTC)[reply]
  1. Not everything "public" as you think is free: ihave posted not what i think but what romanian justice has decided> It seems nobody here is bother to read. The case of Palace of the Parliament is not an issue of freedom of panorama but on of industrial property and trademark.

anyway i stil consider that judging same photos at various moments in times is an abuse... To have repetead deletion request for the same post is harrasment. And it is pointless to fight harrasment for wikipedia. CristianChirita (talk) 12:24, 8 December 2023 (UTC)[reply]

Deleted: per nomination. .     Jim . . . (Jameslwoodward) (talk to me) 20:06, 4 August 2023 (UTC)[reply]

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