Commons:Deletion requests/Files uploaded by Gower

Books back covers scans: copyrighted.

• File:Janusz Roszko.jpg
• File:Zdzislaw Piasecki.jpg
• File:Jozef Ryszka.jpg
• File:Antoni Mikolajczyk.jpg
• File:Andrzej Krzysztof Waskiewicz.jpg
• File:Jerzy Leslaw Ordan.jpg
• File:Zbigniew Zakiewicz.jpg
• File:Juliusz Kydrynski.jpg
• File:Andrzej Panta.jpg
• File:Hans Marchwitza.jpg
• File:Jan Kuglin.jpg
• File:Stefan Kolaczkowski.jpg

Patrick Rogel (talk) 20:38, 3 January 2019 (UTC)[reply]

• Those books were printed wihout any copyright notice in Polish People's Republic, and photographers are unknown and unspecified, so I assume that it is in public domain (see tag PD-Polish: „all photographs by Polish photographers (or published for the first time in Poland or simultaneously in Poland and abroad) published without a clear copyright notice before the law was changed on May 23, 1994 are assumed public domain in Poland.”) --Gower (talk) 22:08, 3 January 2019 (UTC)[reply]

These images have never been published independently of the books so if the book is copyrighted the back cover is as well. Evidence must be provided that those books have been published without copyright notice. --Patrick Rogel (talk) 14:52, 21 January 2019 (UTC)[reply]

@Patrick Rogel: Do you know legal principle called presumption of innocence? If you doubt in my words, prove that I am wrong – show me that those books are copyrighted. Should I run immidiately to libraries or antiquaries for those books – oh, please, I don't keep all those titles at my home. At Wikimedia Commons we have thousands of images from Polish books (from Polish People's Republic period), so you will nominate every single image to delete and demand scans of mastheads from all those books? Seriously? --Gower (talk) 21:44, 21 January 2019 (UTC)[reply]

@Gower: Please read COM:EVIDENCE and rely to my question of January 3. PS : You are accused of nothing. --Patrick Rogel (talk) 21:55, 21 January 2019 (UTC)[reply]

Thanks, @Patrick Rogel: – here is masthead related to File:Zdzislaw Piasecki.jpg: https://imgur.com/rU3pkkz with no copyright notice. Fortunately, I have that one... But why you should believe me that it's true scan? Everyone can send you random masthead and you can't verify it, can you? --Gower (talk) 22:18, 21 January 2019 (UTC)[reply]

• Masthead to File:Juliusz Kydrynski.jpg: https://imgur.com/I7zreJW No copyright notice, only mention about cover designer – not photographer. --Gower (talk) 22:27, 21 January 2019 (UTC)[reply]
• Masthead to two files: File:Hans Marchwitza.jpg and File:Jan Kuglin.jpg: https://8.allegroimg.com/s1440/018dda/3ec08d89465daabe4ef082541938 contains "Wszelkie prawa zastrzeżone" which means "All rights reserved" – that phrase "no longer has any legal effect in any jurisdiction." Photos of mastheads are enough proof or not, @Patrick Rogel: ? --Gower (talk) 22:41, 21 January 2019 (UTC)[reply]

@Gower: Yes it seems OK so let's an Administrator clmose this request. --Patrick Rogel (talk) 22:46, 21 January 2019 (UTC)[reply]

•  Keep Per Gower. Electron ツ ➧☎ 14:29, 21 January 2019 (UTC)[reply]

Kept: per discussion. --JuTa 02:52, 7 June 2019 (UTC)[reply]

These two files are apparently postcards (or parts of postcards) said to be from 1915 and some date between 1902 and 1912 respectively, showing a (then) German town. They were uploaded using the license tag {{PD-Germany-§134-KUG}}, a rather special license tag for works "published by a legal entity under public law". Accd. to German law, "legal entities under public law" , emphasis on under public law (de:Juristische Person des öffentlichen Rechts), are basically cities, counties/districts, the German states, the German nation state itself, some churches and some other public bodies. Also, to use this tag, the legal entity under public law in question must be named as a "Herausgeber" in/on the work, and at the same time no personal author must be named. None of this is shown to apply here, so we have to assume that it does not apply and the tag is not applicable for these files.

Another tag often used by uploaders as a sort of catch-all for older works, {{PD-EU-no author disclosure}}, and similar tags aren't applicable to German works before 1995, since German law says that pre-1995 anonymous works are only really anonymous if the author was never publicly disclosed anywhere, not even in a lecture or similar. One cannot prove that, so pre-1995 "anonymous" works from Germany are not suitable for Commons (or de.wp).

The photographs are also not old enough to assume that the photos must be in the PD anyway, since the author could have lived beyond 1950. There is {{PD-old-assumed}}, but the photos would have to be at least 120 years old for that.

tl;dr: There is not enough information for us to be able to keep these files. They should be deleted per the precautionary principle unless conclusively shown to actually be in the public domain or under a free license.

• File:Bad Ziegenhals Bismarckturm.jpg
• File:Ziegenhals Bad train station.jpg

Rosenzweig τ 14:51, 4 December 2021 (UTC)[reply]

Deleted: Per nom - Thanks everyone for participating and if you disagree with this decision please take it to Commons:Undeletion requests - unless there is a tech issue. Thanks for assuming good faith and happy holidays!. --Missvain (talk) 16:18, 26 December 2021 (UTC)[reply]