Commons:Deletion requests/2024/09/26

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25 September 2024
27 September 2024
Deletion requests on 26 September 2024

September 26

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Files uploaded by AridCeption (talk · contribs)

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These flags all come from https://www.crwflags.com/. I have no idea why they're marked as cc-by-sa. The website is marked "Copyright © 1996-2022 CRW Flags Inc. All Rights Reserved".

If they're free due to age, they need to get tagged as such. But beware that the coat of arms which is redrawn may own its own copyright. See Commons:Coats of arms.

Magog the Ogre (talk) (contribs) 02:59, 26 September 2024 (UTC)[reply]

  •  Keep I don't think you can be eligible for a new copyright on copying a flag into a gif, unless you add some new creative elements to the flag. The copyright boilerplate would cover any novel text the website has about the flags. If these have been in use prior to 1989 they would have to have displayed a copyright symbol on the flag and registered for a copyright. Some may be trademarked or laws may exist that they may not be used to misrepresent official government business. --RAN (talk) 05:29, 26 September 2024 (UTC)[reply]

File:Glasgow City - Southern Necropolis, Glasgow - 20140904074419.jpg

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Labelled wrongly by me, is actually of a non listed building so no great value in renaming IMO Crowsus (talk) 03:35, 26 September 2024 (UTC)[reply]

File:Sittichok2022.jpg

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No longer on Wikipedia. Aree2499 (talk) 04:28, 26 September 2024 (UTC)[reply]


File:Presidente Santi Peña.jpg

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No permission from the source and author A1Cafel (talk) 04:40, 26 September 2024 (UTC)[reply]

Files in Category:Fictional flags from The Legend of Zelda

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Might be a borderline case.

Grandmaster Huon (talk) 04:42, 26 September 2024 (UTC)[reply]

A "borderline case" of what? I see on your talk page that you have been asked to "stop mass-tagging files as copyright violations", is this another one of those supposed copyright violations?
If so, it seems to me that this image would fall under Commons:Licensing#Simple design and not be deleted. It's essentially just two crosses intersecting a circle with a mitsuuroko (not created by Nintendo), and the design is much simpler than many others in Category:SVG logos of Nintendo or those in Category:PD textlogo (especially the subcategories emblems and flags). Andreasl01 (talk) 13:39, 26 September 2024 (UTC)[reply]

File:06.01-SILVIO-COSTA-FILHO-RS-11 (cropped).jpg

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No permission from the source and author A1Cafel (talk) 04:43, 26 September 2024 (UTC)[reply]

File:UK Tories Logo.png

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This file is a derivative work of File:UK Conservatives ballot logo.svg, recently deleted by user:Krd with the reason "No permission since 14 September 2024" E L Yekutiel (talk) 07:04, 26 September 2024 (UTC)[reply]

 Support If the ballot logo has indeed violated community guidelines, I have no objection to deleting this image. NovaSpark451 (talk) 15:45, 26 September 2024 (UTC)[reply]
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.

File:Kitsikis-Foundation-NPDD-FEK-15092008.pdf

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The text of laws in Greece is public domain but the layout of the government's journal is not public domain. This is clearly stated in the same journal. Geraki TLG 07:00, 28 May 2011 (UTC)[reply]

Kept: the layout itself doesn't meet the threshold of originality Jcb (talk) 22:13, 4 June 2011 (UTC)[reply]

File:Kitsikis-Foundation-NPDD-FEK-15092008.pdf

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Out of scope material (?). 🏺ⲈⲨⲐⲨⲘⲈⲚⲎⲊ🏛️ ⲱⲑⲏⲥⲁⲧⲉ 07:35, 26 September 2024 (UTC)[reply]

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.

File:Kitsikis-Foundation-NPDD-FEK-15052008-3of3.jpg

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The text of laws in Greece is public domain but the layout of the government's journal is not public domain. Geraki TLG 06:59, 28 May 2011 (UTC)[reply]

Kept: the layout itself doesn't meet the threshold of originality Jcb (talk) 22:12, 4 June 2011 (UTC)[reply]

File:Kitsikis-Foundation-NPDD-FEK-15052008-3of3.jpg

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Out of scope material (?). 🏺ⲈⲨⲐⲨⲘⲈⲚⲎⲊ🏛️ ⲱⲑⲏⲥⲁⲧⲉ 07:35, 26 September 2024 (UTC)[reply]

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.

File:Kitsikis-Foundation-NPDD-FEK-15052008-2of3.jpg

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The text of laws in Greece is public domain but the layout of the government's journal is not public domain. Geraki TLG 06:59, 28 May 2011 (UTC)[reply]

Kept: the layout itself doesn't meet the threshold of originality Jcb (talk) 22:12, 4 June 2011 (UTC)[reply]

File:Kitsikis-Foundation-NPDD-FEK-15052008-2of3.jpg

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Out of scope material (?). 🏺ⲈⲨⲐⲨⲘⲈⲚⲎⲊ🏛️ ⲱⲑⲏⲥⲁⲧⲉ 07:35, 26 September 2024 (UTC)[reply]

File:MBC LOGO 1986.png

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This file was initially tagged by 121.186.66.49 as no permission (No permission since) Krd 08:44, 26 September 2024 (UTC)[reply]

File:Magna Charta Itinerarum - Castelli - Licinianum.jpg

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This file was initially tagged by ZioNicco as no permission (No permission since) Krd 08:47, 26 September 2024 (UTC)[reply]

information added after the cancellation report, I now think it is more correct ZioNicco (talk) 10:12, 26 September 2024 (UTC)[reply]

File:Magna Charta Itinerarum - Segnaletica - Sentiero 01,20.png

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This file was initially tagged by ZioNicco as no permission (No permission since) Krd 08:47, 26 September 2024 (UTC)[reply]

information added after the cancellation report, I now think it is more correct ZioNicco (talk) 10:12, 26 September 2024 (UTC)[reply]

File:Magna Charta Itinerarum abbatiae S.Salvatoris Maioris Small v.1.0.jpg

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This file was initially tagged by ZioNicco as no permission (No permission since) Krd 08:47, 26 September 2024 (UTC)[reply]

information added after the cancellation report, I now think it is more correct ZioNicco (talk) 10:11, 26 September 2024 (UTC)[reply]

File:RomanEmpire 117 it Sesto Tadio cut.jpg

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This file was initially tagged by ZioNicco as no permission (No permission since) Krd 08:47, 26 September 2024 (UTC)[reply]

information added after the cancellation report, I now think it is more correct ZioNicco (talk) 10:10, 26 September 2024 (UTC)[reply]

File:Territorio SSM su waymarkedtrails.org (08.2024).png

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This file was initially tagged by ZioNicco as no permission (No permission since) Krd 08:47, 26 September 2024 (UTC)[reply]

information added after the cancellation report, I now think it is more correct ZioNicco (talk) 10:09, 26 September 2024 (UTC)[reply]

File:Grandpa-farouks-garden.pdf

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I have uploaded a better ebook file from Bookdash. I wish to avoid duplicates. This file should be deleted Derek J Moore (talk) 08:48, 26 September 2024 (UTC)[reply]

 Comment Deletion was requested by the uploader shortly after upload, but file is still COM:INUSE at s:Index:Grandpa-farouks-garden.pdf. --Rosenzweig τ 15:54, 1 October 2024 (UTC)[reply]

File:Mapa produzido com base no Esboço de um Atlas Linguístico de Minas Gerais (EALMG), Universidade Federal de Juiz de Fora (MG), 1977. Com legenda-2.webp

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No own work. DaizY (talk) 09:03, 26 September 2024 (UTC)[reply]

This work is my own work, literally. It was based on a previous work, but with corrections. Utilizador voluntário esporádico (talk) 09:06, 26 September 2024 (UTC)[reply]
This is NOT the map used until August. Utilizador voluntário esporádico (talk) 09:11, 26 September 2024 (UTC)[reply]
This map adds cities (yellow points) that were not present at the previous map. Utilizador voluntário esporádico (talk) 09:19, 26 September 2024 (UTC)[reply]

File:Modianoplan.jpg

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Is this the original architectural plan or a modern recreation-adaptation of the latter? Obviously, if we're talking about the original one, then, it's all good and fine. However, if we're talking about a modern recreation, then, it's a completely different story in terms of copyrights. 🏺ⲈⲨⲐⲨⲘⲈⲚⲎⲊ🏛️ ⲱⲑⲏⲥⲁⲧⲉ 11:23, 26 September 2024 (UTC)[reply]

File:Thomas deseur.jpg

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Violation du droit d'auteur Mickaël en résidence (talk) 13:11, 26 September 2024 (UTC)[reply]

File:Zamorin of Calicut (1868-1892).jpg

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Copyright Rani.namb (talk) 14:52, 26 September 2024 (UTC)[reply]


File:Burimari Landport.jpg

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No license. 103.185.24.249 15:12, 26 September 2024 (UTC)[reply]


Marktgasse (Bern)

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There doesn't seem to be much added value in this gallery. It's a rather poor selection and mainly consists of the category tree that can also be seen on Category:Marktgasse (Bern).

Another issue is that when this was created, the infobox on the category was broken.
 ∞∞ Enhancing999 (talk) 16:04, 26 September 2024 (UTC)[reply]

 Keep unvalid rq, because the minimum requirements are fulfilled, see COM:G. --Mateus2019 (talk) 16:12, 26 September 2024 (UTC)[reply]
Curation isn't a matter of quantity, but of quality.
We don't need to display the subcategories twice.
Also, please make sure to fix infoboxes on categories when you create galleries.
 ∞∞ Enhancing999 (talk) 16:15, 26 September 2024 (UTC)[reply]
Quite "funny". Please refrain trying to coach me 'bout how to create gallery pages (5 creations of gallery pages). Thanks for your understanding. --Mateus2019 (talk) 18:42, 27 September 2024 (UTC)[reply]
I noticed the problem with category infoboxes after your gallery creation before.
Is it an intentional omission? Please clarify and explain the reasons for it.
 ∞∞ Enhancing999 (talk) 19:39, 27 September 2024 (UTC)[reply]
The Infobox was totally fine with the creation of the gallery page. So there is and was no "problem". --Mateus2019 (talk) 17:15, 28 September 2024 (UTC)[reply]
A complete infobox was before at Category:Marktgasse (Bern).
By replacing the sitelink at Wikidata, you effectively emptied it. The correct approach would be to add the qid at category or not change the sitelink at Wikidata. There is a property to add galleries at Wikidata directly.
 ∞∞ Enhancing999 (talk) 17:59, 28 September 2024 (UTC)[reply]
IDing via qid is the exact wrong way to handle this. I emptied nothing (where is your proof?). no greetings, --Mateus2019 (talk) 06:41, 11 October 2024 (UTC) Warum kommunizierst Du mit mir nicht einfach in deutscher Sprache?[reply]
The edit I linked disconnected the infobox from the category and resulted in the infobox on the category rendering without any information.
"IDing via qid is the exact wrong way to handle this": can you explain what alternative you suggest?
 ∞∞ Enhancing999 (talk) 20:05, 13 October 2024 (UTC)[reply]

File:France-Soir Désirée Le Mené 1947-02-03.png

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Bandeau de statut erroné. Le journaliste J.-L. Dariel est mort en 2018, ce qui n'est pas il y plus de 70 ans comme l'affirme le bandeau.

Erroneous status tag. Journalist J-.L. Dariel died in 2018 [1], which was not more than 70 years ago as stated in the tag. -- Asclepias (talk) 16:51, 26 September 2024 (UTC)[reply]

File:CNJ No. 113 at Minersville station for First Community Day event.jpg

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I already uploaded this image on here months ago https://commons.wikimedia.org/wiki/File:CNJ_No._113_at_Minersville_station_for_First_Community_Day_event_-_May_2024_-_02.jpg LostplanetKD73 (talk) 17:01, 26 September 2024 (UTC)[reply]

Merge content into https://commons.wikimedia.org/wiki/File:CNJ_No._113_at_Minersville_station_for_First_Community_Day_event_-_May_2024_-_02.jpg I didn't know that you uploaded it under own work. So I am leaning to merging. Insomniac187 (talk) 21:16, 26 September 2024 (UTC)[reply]
If that is the case I also say merge then. LostplanetKD73 (talk) 23:01, 5 October 2024 (UTC)[reply]

File:DEBRYDELYS DEEBERDEYN.jpg

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Unused personal photo, out of project scope. Taivo (talk) 17:17, 26 September 2024 (UTC)[reply]

Forse, se ho compreso bene, devo utilizzare le mie stesse fotografie in qualche articolo? Le avevo dimenticate e quindi avevo sbagliato? Se mi aiutate a comprendere, per favore. Se no davvero non riesco a capire, sembra un accanimento contro di me e tutto il lavoro che faccio nella mia regione. MI si può solo far capire? Grazie. Valérie Varsivolaffa (talk) 06:22, 30 September 2024 (UTC)[reply]

File:Actor-kevin.jpg

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No file information or evidence the photo was released to the public domain. It's also pretty clear that the file uploader wasn't the original author. NegativeMP1 (talk) 17:21, 26 September 2024 (UTC)[reply]


Files found with Special:Search/Icones Orchidacearum Malayensium

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These plates are from Icones Orchidacearum Malayensium, a work by botanist Johannes Jacobus Smith (d. 1947). They have been published in a local journal of the Buitenzorg botanical garden in modern-day Indonesia in three installments, 1930, 1934 and 1938. The 1938 installment seems to be erroneously indicated in some filenames as II Tab * (1930), so when restored or if kept they should be moved appropriately. As at the URAA restoration date in Indonesia 1996, the copyright term in Indonesia was 50 years pma, their US copyright term will not expire until 95 years after publication. The only way this could be avoided would be if it were simultaneously published in, say, the US, but other issues do not indicate any foreign address or means of distribution.

Felix QW (talk) 18:26, 26 September 2024 (UTC)[reply]

@Felix QW First of all, the publications were published in Dutch East Indies and not Indonesia, which became independent in 1949. I don't know if this might have any legal implications. I am pretty sure that copies of the work were distributed around the world as J. J. Smith had quite a big network of botanists around the world. One copy was for sure sent to Oakes Ames at Harvard. My statement might be true as the copies are listed in the catalogue for the Ames library https://hollis.harvard.edu/primo-explore/fulldisplay?docid=01HVD_ALMA212194213880003941&context=L&vid=HVD2&lang=en_US&search_scope=everything&adaptor=Local%20Search%20Engine&tab=everything&query=any,contains,Icones%20Orchidacearum%20Malayensium&offset=0] https://hollis.harvard.edu/primo-explore/fulldisplay?docid=01HVD_ALMA211849234690003941&context=L&vid=HVD2&lang=en_US&search_scope=everything&adaptor=Local%20Search%20Engine&tab=everything&query=any,contains,Icones%20Orchidacearum%20Malayensium&offset=0.
On this page of the 1922-23 issue you can see that it came to New York in 1922-23 https://www.biodiversitylibrary.org/page/5018983. I don't know if this enough proof for a timely distribution of this series in the USA.
Best wishes Badlydrawnboy22 (talk) 10:56, 28 September 2024 (UTC)[reply]
Thank you very much for that find! The Ex Libris also suggests that the volumes were offered by exchange. Maybe Carl Lindberg, from whom I have most of my understanding of "publication" in US law, could confirm whether offering a book for "exchange" to libraries in a different country, at least if done with the consent of the author, constitutes US publication? I am willing to believe that it would have been with the author's consent, since the author had a leadership role at the same garden which most likely offered the volume in exchange. Felix QW (talk) 11:48, 28 September 2024 (UTC)[reply]
It's interesting, for sure. The fact that it was published in French from the Dutch East Indies pretty much shows it was targeted to an international audience (and I do see some English in that 1922 edition). Seems likely that copies were distributed in the U.S. If they were sold for cash or other books, don't think that aspect matters. Indonesia would be the successor in interest to the Dutch East Indies, so I think that would still be the country of origin (though you could also argue simultaneous publication in The Netherlands as I'm sure it was marketed there, and throughout Europe really). Lack of notice may not have lost copyright (see Heim v. Universal Pictures), though the Copyright Office later said the UCC superseded that ruling after the 1950s. But, lack of renewal would have also lost copyright, before the URAA restored it (if it did). Just not positive that a few copies (less than the limit which triggered the manufacturing clause) would be enough to call it a "United States work" -- certainly seems to be against the spirit of the URAA. But it still might, given the international audience which was targeted. And the US was trying to avoid restoring anything it could. I don't think a few random copies which ended up in the US could cause something to be a "United States work", but something marketed to US buyers more likely could. Of course, it may have been difficult for copies printed in the Dutch East Indies to actually arrive in the U.S. within 30 days. Even today, the question of Internet publication is a difficult one -- see s:Country of Origin and Internet Publication. I would say anything mainly intended for another country would not be, but the audience of the international scientific community makes this one a lot more difficult and gray. Carl Lindberg (talk) 05:21, 1 October 2024 (UTC)[reply]

File:Kamapua'a The Pig Demigod.jpg

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Photograph of painting by artist who died in 2001 (derivative work). Photographer (uploader) does not have authority to release the underlying painting under a free license. —holly {chat} 18:31, 26 September 2024 (UTC)[reply]

File:P1tfk5gdf5mmp2y5692p49rgb4wojjj.png

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C'est pour un teste. Le Leprechaun (talk) 19:00, 26 September 2024 (UTC)[reply]

File:Federico Sanseverino cardinale.jpg

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This is not Sanseverino: see the camauro on his head and the shield showing triple crown with crossed keys (papal insignia), red balls on gold (Medici). --LTB (talk) 19:35, 26 September 2024 (UTC)[reply]

  •  Keep deletion just leaves the errors elsewhere. We have discussion pages for disputes, but that is not a reason to delete, just present the evidence on the page. --RAN (talk) 02:18, 27 September 2024 (UTC)[reply]

File:Тернопіль, Сквер імені Шевченка, фото 86.jpg

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No FoP Ukraine. Create 2012 Микола Василечко (talk) 19:32, 26 September 2024 (UTC)[reply]


File:Backstreeat Ballad Wikitongues.webm

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The speaker in this video contacted us at Wikitongues and requested that this video be set to a private licensing, making it ineligible for Commons. Ktchernes (talk) 21:03, 26 September 2024 (UTC)[reply]

File:Wikitongues - Shaun speaking Yugambeh Aboriginal Australians and Torres Strait Islanders .webm

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The speaker in this video contacted us at Wikitongues and requested that this video be set to a private licensing, making it ineligible for Commons. Ktchernes (talk) 21:05, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Suri speaking Yiddish.webm

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Hi, Kristen from Wikitongues here. This video is licensed under CC-by-NC, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:07, 26 September 2024 (UTC)[reply]

  • It doesn't matter what the license is on YouTube now. Is any part of this inaccurate? "This file, which was originally posted to YouTube: WIKITONGUES: Suri speaking Yiddish – View/save archived versions on archive.org and archive.today, was reviewed on 9 May 2017 by reviewer Daphne Lantier, who confirmed that it was available there under the stated license on that date"? I won't post on all your deletion requests, because I expect them to all have similar problems. -- Ikan Kekek (talk) 01:45, 27 September 2024 (UTC)[reply]

File:WIKITONGUES- Karl speaking Filipino.webm

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Hi, Kristen from Wikitongues here. This video is licensed under CC-by-NC, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:07, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Sandra speaking English and Guyanese Creole.webm

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Hi, Kristen from Wikitongues here. This speaker requested the licensing be CC-by-NC, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:08, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Khulan speaking Mongolian.webm

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Hi, Kristen from Wikitongues here. This speaker requested the licensing be CC-by-NC, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:09, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Simon speaking Cumbrian.webm

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Hi, Kristen from Wikitongues here. This speaker requested the licensing be CC-by-NC, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:09, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Valentine speaking Igbo.webm

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Hi, Kristen from Wikitongues here. This speaker requested the licensing be CC-by-NC, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:09, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Matt speaking Yiddish.webm

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Hi, Kristen from Wikitongues here. This speaker requested the licensing be CC-by-NC, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:10, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Jean Luc speaking Breton.webm

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Hi, Kristen from Wikitongues here. This speaker requested the licensing be CC-by-NC, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:10, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Hans speaking Sranan.webm

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Hi, Kristen from Wikitongues here. This video is licensed under a Protected Copyright, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:11, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- La speaking Lao.webm

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Hi, Kristen from Wikitongues here. This video is licensed under a Protected Copyright, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:11, 26 September 2024 (UTC)[reply]

File:WIKITONGUES- Andi speaking Batak Toba.webm

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Hi, Satdeep--Kristen from Wikitongues here. Unfortunately, this video is licensed under a Protected Copyright, making it ineligible to be added to Commons. Thank you! Ktchernes (talk) 21:12, 26 September 2024 (UTC)[reply]

File:India v argentina 1984.jpg

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Public domain in Argentina but not the US since it became PD in 2005. Abzeronow (talk) 21:15, 26 September 2024 (UTC)[reply]

 Keep Per Commons:Hirtle chart and this DR. – El Gráfico files published until February 28, 1989 are allowed on Commons, as it is detailed on Category:El Gráfico, 1989. El Gráfico was published in the U.S. (more specifically in NYC), as well as other countries in Latin America, and Canada. The legal disclaimers about that, can be seen on page 3 of the following issues here (1977), here (1981), and here (1986). Fma12 (talk) 21:19, 26 September 2024 (UTC)[reply]

File:"Los Camboyanos" 1987 Fecha 4 Torneo 87-88.jpg

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1987 photograph, became PD in Argentina in 2008, which is after 1996 so URAA applies. Abzeronow (talk) 21:17, 26 September 2024 (UTC)[reply]

File:Antal Dunai vs Parviz Ghelichkhani 1972.jpg

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1972 photograph, source doesn't to my knowledge show that this was first published in Iran before 1994. Would need more information about publication to determine if it's PD-Iran. Abzeronow (talk) 21:20, 26 September 2024 (UTC)[reply]

File:Giovinezza (1943).ogg

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Composer Giuseppe Blanc died in 1969 so he can not have licensed his composition under a Creative Commons license. Thuresson (talk) 22:17, 26 September 2024 (UTC)[reply]

What license should be used then? Ironzombie39 (talk) 22:25, 26 September 2024 (UTC)[reply]

File:Boy sister school nakba.jpg

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No source provided IOHANNVSVERVS (talk) 23:24, 26 September 2024 (UTC)[reply]

File:Oldman girl nakba (cropped).jpg

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No source provided IOHANNVSVERVS (talk) 23:25, 26 September 2024 (UTC)[reply]

File:Oldman girl nakba.jpg

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No source provided IOHANNVSVERVS (talk) 23:25, 26 September 2024 (UTC)[reply]

File:Mother baby nakba.jpg

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No source provided IOHANNVSVERVS (talk) 23:26, 26 September 2024 (UTC)[reply]

Files found with Special:Search/Icones Orchidacearum Malayensium

[edit]

These plates are from Icones Orchidacearum Malayensium, a work by botanist Johannes Jacobus Smith (d. 1947). They have been published in a local journal of the Buitenzorg botanical garden in modern-day Indonesia in three installments, 1930, 1934 and 1938. The 1938 installment seems to be erroneously indicated in some filenames as II Tab * (1930), so when restored or if kept they should be moved appropriately. As at the URAA restoration date in Indonesia 1996, the copyright term in Indonesia was 50 years pma, their US copyright term will not expire until 95 years after publication. The only way this could be avoided would be if it were simultaneously published in, say, the US, but other issues do not indicate any foreign address or means of distribution.

Felix QW (talk) 18:26, 26 September 2024 (UTC)[reply]

@Felix QW First of all, the publications were published in Dutch East Indies and not Indonesia, which became independent in 1949. I don't know if this might have any legal implications. I am pretty sure that copies of the work were distributed around the world as J. J. Smith had quite a big network of botanists around the world. One copy was for sure sent to Oakes Ames at Harvard. My statement might be true as the copies are listed in the catalogue for the Ames library https://hollis.harvard.edu/primo-explore/fulldisplay?docid=01HVD_ALMA212194213880003941&context=L&vid=HVD2&lang=en_US&search_scope=everything&adaptor=Local%20Search%20Engine&tab=everything&query=any,contains,Icones%20Orchidacearum%20Malayensium&offset=0] https://hollis.harvard.edu/primo-explore/fulldisplay?docid=01HVD_ALMA211849234690003941&context=L&vid=HVD2&lang=en_US&search_scope=everything&adaptor=Local%20Search%20Engine&tab=everything&query=any,contains,Icones%20Orchidacearum%20Malayensium&offset=0.
On this page of the 1922-23 issue you can see that it came to New York in 1922-23 https://www.biodiversitylibrary.org/page/5018983. I don't know if this enough proof for a timely distribution of this series in the USA.
Best wishes Badlydrawnboy22 (talk) 10:56, 28 September 2024 (UTC)[reply]
Thank you very much for that find! The Ex Libris also suggests that the volumes were offered by exchange. Maybe Carl Lindberg, from whom I have most of my understanding of "publication" in US law, could confirm whether offering a book for "exchange" to libraries in a different country, at least if done with the consent of the author, constitutes US publication? I am willing to believe that it would have been with the author's consent, since the author had a leadership role at the same garden which most likely offered the volume in exchange. Felix QW (talk) 11:48, 28 September 2024 (UTC)[reply]
It's interesting, for sure. The fact that it was published in French from the Dutch East Indies pretty much shows it was targeted to an international audience (and I do see some English in that 1922 edition). Seems likely that copies were distributed in the U.S. If they were sold for cash or other books, don't think that aspect matters. Indonesia would be the successor in interest to the Dutch East Indies, so I think that would still be the country of origin (though you could also argue simultaneous publication in The Netherlands as I'm sure it was marketed there, and throughout Europe really). Lack of notice may not have lost copyright (see Heim v. Universal Pictures), though the Copyright Office later said the UCC superseded that ruling after the 1950s. But, lack of renewal would have also lost copyright, before the URAA restored it (if it did). Just not positive that a few copies (less than the limit which triggered the manufacturing clause) would be enough to call it a "United States work" -- certainly seems to be against the spirit of the URAA. But it still might, given the international audience which was targeted. And the US was trying to avoid restoring anything it could. I don't think a few random copies which ended up in the US could cause something to be a "United States work", but something marketed to US buyers more likely could. Of course, it may have been difficult for copies printed in the Dutch East Indies to actually arrive in the U.S. within 30 days. Even today, the question of Internet publication is a difficult one -- see s:Country of Origin and Internet Publication. I would say anything mainly intended for another country would not be, but the audience of the international scientific community makes this one a lot more difficult and gray. Carl Lindberg (talk) 05:21, 1 October 2024 (UTC)[reply]
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