Wikipedia:Files for discussion/2024 April 11

This is an old revision of this page, as edited by Steve Pastor (talk | contribs) at 23:32, 11 April 2024 (File:Bakersfield Dancers 1950s.jpg: Reply). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

April 11

File:European Robotic Arm Engineering-Qualification Model, November 1999.jpg (delete | talk | history | links | logs) – uploaded by James Denesuk (notify | contribs | uploads | upload log). 

There are now two freely licensed photographs of the European Robotic Arm on the parent article. I don't believe this image is eligible for fair use as the article does not contain any commentary about the Engineering/Qualification Model except in the photo caption. Ixfd64 (talk) 00:27, 11 April 2024 (UTC)[reply]

File:MilitaryAviation.jpg (delete | talk | history | links | logs) – uploaded by Per Honor et Gloria (notify | contribs | uploads | upload log). 

The file is the book cover of a modern translated version of L'Aviation Militaire written by French aviator Clément Ader (1841 – 1925). French copyright law protects copyright for 70 years since the author's death, so the book's original copy had enter French public domain in 1995 (and immediately, American public domain after the URAA date of 1996-01-01).

It can therefore be seen that the book's original version is already in public domain. The book therefore is a clear violation of WP:NFCC#1, and should be deleted. 廣九直通車 (talk) 03:58, 11 April 2024 (UTC)[reply]

Delete I cropped the frontispice from the 1911 edition that we have on Commons as a possible replacement. There should be copies in better condition out there, but at least it is something. Felix QW (talk) 12:33, 11 April 2024 (UTC)[reply]
File:Christoph Meili 1997-nonfree.jpg (delete | talk | history | links | logs) – uploaded by ViperSnake151 (notify | contribs | uploads | upload log). 

While it meets all ten criterions as amended per non-free content criteria, and new laws came in force since 2020 + exceeding US threshold of originality. Christoph Meili, the person depicted, is still living. Per unacceptable use policy, pictures of people still alive, groups still active, and buildings still standing; provided that taking a new free picture as a replacement (which is almost always considered possible) would serve the same encyclopedic purpose as the non-free image (also includes non-free promotional images) is considered unacceptable. Kys5g talk! 15:01, 11 April 2024 (UTC)[reply]

This image is used in a very different way to usual pictures of individuals, which are used to identify their subject. In this case, the image itself is the subject of critical commentary in Threshold of originality as well as in Copyright law of Switzerland, so I think its non-free use rationale is generally sound. However, NFC Criterion 3b calls for minimality of use, and I do think there is an argument to be made that Threshold of originality#Switzerland could refer to the more extensive Copyright law of Switzerland#Lack of originality for the image rather than it being used on both pages. Felix QW (talk) 15:29, 11 April 2024 (UTC)[reply]
I agree, but the question is the person depicted is living or not. Kys5g talk! 15:39, 11 April 2024 (UTC)[reply]
File:Bakersfield Dancers 1950s.jpg (delete | talk | history | links | logs) – uploaded by Steve Pastor (notify | contribs | uploads | upload log). 

The fair-use justification seems dubious, as there is likely some PD photo of 1950s SoCal dancing available at this point due to an unrenewed license (possibly this photo itself — that should be checked before it's deleted). Sdkbtalk 18:14, 11 April 2024 (UTC)[reply]

Surely Fair Use justifies 2% of a photograph that is so small a portion of a rather large book that this shouldn't be a problem when documenting West Coast Swing. The entire image itself comes from the one of the libraries in either Bakersfield or Santa Monica... It's been fifteen years since I contacted them to try and get a more accurate date for the image, which they could not supply. Again Fair Use where "no suitable replacement is available." Steve Pastor (talk) 23:32, 11 April 2024 (UTC)[reply]