Commons:Deletion requests/Files found with Yaroslav Hunka

From Wikimedia Commons, the free media repository
Jump to navigation Jump to search
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 found with Special:Search/Yaroslav Hunka

[edit]

Previously uploaded and deleted file, not in the Public Domain. See Commons:Deletion requests/File:Yaroslav Hunka, SS Galizien.jpg and Commons:Deletion requests/File:Yaroslav Hunka in the 1940s.webp

PascalHD (talk) 19:52, 3 April 2024 (UTC)[reply]

 Comment The image should probably be uploaded on Wikipedia under Fair Use as the image itself would fit the requirements. Discouraging future re-uploading on the Commons. PascalHD (talk) 19:56, 3 April 2024 (UTC)[reply]
  •  Keep: this is a Canadian work, which was created prior to 1949; no valid reason for deletion given. --The Cosmonaut (talk) 19:59, 3 April 2024 (UTC)[reply]
     Delete Per the caption: "Soldiers of the 14th Waffen Grenadier Division of the SS (1st Galician), including Yaroslav Hunka (standing in the centre) at the SS-Truppenübungsplatz Heidelager training camp". The SS-Truppenübungsplatz Heidelager camp was located in Poland, and where the photograph was taken. In no way is this a Canadian photograph where such copyright would apply. Regardless, he moved to Canada after the war. PascalHD (talk) 20:21, 3 April 2024 (UTC)[reply]
Hunka is a Canadian citizen who resides in Canada, so there is no reason why PD-Canada should not apply. Are you saying his copyright is protected by some other jurisdiction, and if so, which one? This photo was first published in 2010 by a Toronto-based journal. So yes, this is very much a Canadian work. --The Cosmonaut (talk) 21:39, 3 April 2024 (UTC)[reply]
The photo was taken by someone other than Hunka. It's not even his photo. The copyright holder is whomever took the photo, which is Unknown. PascalHD (talk) 23:07, 3 April 2024 (UTC)[reply]
And as mentioned, the other PD templates do not apply because it was first published in 2010, not the 1940s. PascalHD (talk) 23:10, 3 April 2024 (UTC)[reply]
An anonymous work created prior to 1945 is still in the public domain in Canada according to PD-Canada-anon. --The Cosmonaut (talk) 07:10, 4 April 2024 (UTC)[reply]
Taking a copyrighted unpublished photograph from Poland/EU and publishing it in Canada without possibly consulting the original unknown author. There’s certainly some form of Ethical and legal considerations here. The Unknown author did not publish it themselves, but could possibly be determined by asking Hunka. Anyway, even if it is Public Domain in Canada which is possible, in order to keep on the Commons it also needs to be Public Domain in the USA - which is 95 years after publication or 120 years after creation. {{PD-1996}} cannot apply as it fails 2/3 of the criteria. PascalHD (talk) 14:29, 4 April 2024 (UTC)[reply]
  •  Keep If PD-Yugoslavia applied it would also be in the public domain. The referenced previous deletion vote, had too little discussion before closure. --RAN (talk) 22:49, 3 April 2024 (UTC)[reply]
    We know the photo was taken in Poland. We do not know the author of the photo was. I don't think PD-Yugoslavia would apply. PascalHD (talk) 23:08, 3 April 2024 (UTC)[reply]
  •  Keep Фото зроблене приблизно в 1943 році. Фотографу тоді мало б бути щонайменше 18 років, але це малоймовірно, бо військовими фотографами були певно старші чоловіки (і навряд чи Гунька міг знати цього фотографа, адже це, напевно, був фотограф-німець). Отже нині йому мало б бути щонайменше 88. Але якщо фотограф невідомий, то припускаємо, що він помер чи був убитий ще під час війни. Отже, припускаємо, що минуло 70 років від смерті фотографа. --Микола Василечко (talk) 08:22, 4 April 2024 (UTC)[reply]
    Copyright terms for Unknown authors are based on creation or publication, because we don’t know their age and cannot apply years to a death. When determining copyright status of a work, we have to apply the longest possible copyright term to ensure compliance with copyright laws. This means assuming the author survived and lived for the full duration of their copyright term. But we’re referring to a work by an unknown author though, 70 years for the European copyright terms after 1943 would be Jan 1 2014. It could have expired in Europe at that point. If the 2010 publication in Canada affected that it could still be under copyright. PascalHD (talk) 14:39, 4 April 2024 (UTC)[reply]

Deleted: per nomination, COM:PCP; as before in Commons:Deletion requests/File:Yaroslav Hunka, SS Galizien.jpg (same photo). --Rosenzweig τ 21:38, 14 April 2024 (UTC)[reply]

Retrieved from "https://commons.wikimedia.org/w/index.php?title=Commons:Deletion_requests/Files_found_with_Yaroslav_Hunka&oldid=868331021"