Commons:Deletion requests/Files in Category:Blacked out versions of images relying on FoP in France

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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.

According to a concern at Commons:Village pump/Copyright/Archive/2021/03#Blacked out versions of images relying on FoP in the Philippines and other, images that show exact outlines/silhouettes of unfree works from no-FOP countries are not OK too. See also the closing admin's (Jameslwoodward's) input at Commons:Deletion requests/File:Hand of Coexistence.jpg.

JWilz12345 (Talk|Contrib's.) 05:32, 1 June 2021 (UTC)[reply]

  •  Keep ich sehe keinen Löschgrund. Nur vorauseilender Gehorsam, weil irgendwas vielleicht eventuell unter Umständen am Rande der Legalität sein könnte. Irgendwann gibts auf Commons nur noch Blümchen und die werden dann gelöscht, weil jemand eine Klage wegen Persönlichkeitsrecht befürchtet. Ralf Roletschek 07:40, 1 June 2021 (UTC)[reply]
Literal Google translation of Ralf Roletschek's input

I see no reason for deletion. Just hasty obedience because something might possibly be on the edge of legality under certain circumstances. At some point there will only be flowers on Commons and they will be deleted because someone fears a lawsuit over personal rights

Ox1997cow (talk) 15:54, 1 June 2021 (UTC)[reply]
Ox1997cow (talk) 16:00, 1 June 2021 (UTC)[reply]
Those pictures are usefull, I think, to help illustrate the problem of no FOP in France when talking with people who are not knowledgeable of the subject. I think I made the black part fuzzy enough so it is not possible to know what the sculpture really looks like. But if you think it is not enough, I can provide a version with more black. Regards. Lionel Allorge (talk) 08:55, 2 June 2021 (UTC)[reply]


 Keep - You can't claim copyright on images that are so simple that they fall under PD-shape. Like:

Also the claim that all the images are "exact outlines/silhouettes" is not right.

Further, the nominating user refers to an extremely short discussion in the Village pump archive, which does not show a ground for removal. As example File:Atomium 010-censored.png is given. This image was nominated for deletion, but kept because of PD-shape. And so were many others.

The claim that "DM requires that the average viewer would not notice if the copyrighted item is removed from the image." is just nonsense. Copyrights are in place when a creator's creative output is visible. If nothing is visible, one can't claim something he did not create. A black rectangle, circle, triangle, cloudy, etc are not created by architects and are PD-shape. Romaine (talk) 13:26, 10 June 2021 (UTC)[reply]

PS: It is time to look up all the falsely deleted images and restore them again. Anyone having an overview of which should be restored? Romaine (talk) 13:26, 10 June 2021 (UTC)[reply]
@Romaine: Let's talk about blacked out images which were made by me. I think these below images are clearly deleted. (They are not clearly PD-shape.)
However, I think these below images are clearly PD-shape. (63 Building blacked out image is just rectangular, Lotte World Tower blacked out image is just trapezoid.)
Ox1997cow (talk) 17:18, 11 June 2021 (UTC)[reply]

 Keep This is ludicrous. To qualify as a derivative work, you need to create a work. A solid black shape is not a work. There is hardly any creative/artistic process involved in creating that. Even if you claim it was a work, to be derived there still must be recognizable features, discernible clues of the original work present. Without any copyrightable traces of the source work, no violation. The surroundings, the panorama, are not part of the [blacked out] work, but works that are assessed in IPR independently. Otherwise I claim everything was a derivation of the Monolith, specifically 1000’s of little copies of them (= pixels). -- Kays (T | C) 08:00, 23 July 2021 (UTC)[reply]

Die Bilder vom Europaparlament sind außerdem nicht in Frankreich entstanden sondern auf dem exterretorialen Gebiet des Europaparlamentes. --Ralf Roletschek 08:35, 23 July 2021 (UTC)[reply]


I have now decided: to withdraw this DR. I am now convinced that blacked out versions are not copyright infringements because there is no copyright concern over the outlines. Only do if the actual features or appearances of the buildings and public art do cause derivative concerns. See the comment by Kai Burghardt.  I withdraw my nomination, and I may also request restorations/undeletions of blacked out versions of those from here (the Philippines), Luxembourg, and UAE. JWilz12345 (Talk|Contrib's.) 13:36, 2 August 2021 (UTC)[reply]


Kept: DR was withdrawn. --Rosenzweig τ 20:25, 27 December 2021 (UTC)[reply]