Commons:Deletion requests/File:Italian Pilot Primo Gibelli.jpg: Difference between revisions

This photo needs to be deleted: It is not an Italian photo because Gibelli was not in Italy at the time, he was in the Soviet Union so Russian copyright laws apply. The provenance of the photo is known - the first known publication is Ogonyok magazine No 36 of 1965, meaning it will not be PD in Russia until 2036 and PD in the US in 2061. Kursant504 (talk) 10:14, 1 April 2024 (UTC)[reply]

•  Keep It looks like a studio image and it would have been "made public" when it left the custody of the photographer and went to the sitter. 1965 Ogonyok magazine would be first appearance in a magazine. --RAN (talk) 22:17, 16 April 2024 (UTC)[reply]

  @Richard Arthur Norton (1958- ): Wrong. You are falsely applying your interpretation of American copyright law on Russia. Russian copyright law is not bound to the American legal definition of publication. No Russian court has ever accepted such a broad definition of published. This photo has all the signs of being a private/personal photo (since he is smoking, the angle of his body towards the camera - this is obviously not an official portrait) and the historical context of the photo, being a photo of Primo Gibelli, further supports the notion that this photo was not made public (ie, available to be seen by the Soviet public, not just a few people in a private setting) since Gibelli was involved in lots of top-secret work, being a test pilot and participant in the Spanish Civil War when Soviet participation in the war was a state secret. So unless you can show that this photo was made public to the Soviet people (not just a few family members of Gibelli or other private situation) we cannot assume that this photo was legally published durin Gibelli's lifetime. Kursant504 (talk) 12:00, 24 April 2024 (UTC)[reply]

• We apply US case law against the wishes of other countries based on rulings by the Wikimedia Foundation. See: Bridgeman Art Library v. Corel Corp and National Portrait Gallery and Wikimedia Foundation copyright dispute, where we apply US case law to images from the United Kingdom against their wishes. See also Monkey selfie copyright dispute. --RAN (talk) 12:09, 24 April 2024 (UTC)[reply]

  "We apply US case law against the wishes of other countries based on rulings by the Wikimedia Foundation" has NEVER been done on deciding on a different copyright countdown on photos based on differing definitions of publication, it has ONLY been done when Wikimedia contends that something was never copyrighted in the first place (like the Monkey selfie) or that there was not enough sweat of the brow to constitute a derivative work. I cannot emphasize this enough, the WMF does not disregard other countries definition of PUBLICATION and respects each countries copyright countdown rules. Russia is a SOVEREIGN COUNTRY, not a US state, and forcing the US definition of publication here is denying the sovereignty of the Russian Federation.Kursant504 (talk) 14:26, 1 May 2024 (UTC)[reply]