Commons:Deletion requests/File:Canadian Coat of Arms Shield.svg

This deletion debate is now closed. Please do not make any edits to this archive.

[edit] File:Canadian Coat of Arms Shield.svg

Possibly not PD due to the fact that the entire Coat of Arms was updated in 1957 and in 1994. The shield's colour seems to have been updated in 1957 and the shield's dimensions were updated in 1994. --Nat (talk) 08:50, 14 June 2009 (UTC)

• Hmm... I think the substantial updates were to the other parts of the coat of arms. See http://www.heraldry.ca/misc/coatArmsCanada.htm. Color change and new dimensions (at least for simple shapes like shields) usually do not attract new copyright protection. Rocket000 (talk) 19:07, 28 June 2009 (UTC)
  • Correct me if I'm wrong, but derivative works are subject to the original term of copyright, are they not? I mean that's why they passed the w:Mickey Mouse Protection Act, because if the first Mickey Mouse cartoon went PD, then Mickey himself would be PD, even though today's Mickey Mouse is a derivative of the original. Eleland (talk) 02:19, 2 July 2009 (UTC)
    • Non-trivial derivatives always attract new copyright protection regardless of the copyright status of the original. If the original is public domain, the derivative can be licensed any way one wishes. There is no copyright they can even be subject to. The question is, is this a derivative of the original or the new work (which logically means both)? Rocket000 (talk) 15:22, 3 August 2009 (UTC)
      •  Keep The maple leafs are described as "proper" (see [1]), so they can be of any green, yellow, red or brown shade. Other changes after 1921 don't affect the shield but elements of the full achievement outside the shield (crown, motto). Sv1xv (talk) 06:27, 4 August 2009 (UTC)
  • This would be covered under Canadian Copyright Law. And this wikipedia:en:File:Coat of arms of Canada.svg would set presidence. According to the Wikipedia version of this image, the licensing section of the page states: "The present design of the arms of Canada was drawn by Mrs. Cathy Bursey-Sabourin, Fraser Herald at the Canadian Heraldic Authority, office of the Governor General of Canada, and faithfully depicts the arms described in the words of the Royal Proclamation dated November 21, 1921. The present design was approved in 1994. This image is copyright © 1994, Her Majesty the Queen in Right of Canada [2] and is held under Canadian Crown Copyright. In addition, the Trade Marks Act, chapter T-13, Revised Statutes of 1985 (sect. 9), protects the Arms of Canada against unauthorized commercial use [3]. To obtain permission to use the arms of Canada commercially, see the previous link.". As such, this image should be deleted on the basis that this image is still under Crown Copyright and therefore any use of this image must be used under a fair use rationale which is not allowed on Commons. Nat (talk) 03:56, 28 July 2009 (UTC)
    • Please don't mix copyright issues with usage restrictions (trademark or other). The latter are covered by {{Insignia}} and do not affect the copyright status. As such the copy on Commons should be deleted. Sv1xv (talk) 04:54, 28 July 2009 (UTC)
      • I am not mixing the two up. I'm am just merely pointing out that the exact same image on wikipedia is listed with a {{Non-free symbol}} and not a PD symbol. Nat (talk) 12:27, 28 July 2009 (UTC)
        • You do, when you refer to the Trade Marks Act. In Wikipedia there is a combination template {{Non-free symbol}} which works for non-free flags and other insignia, that't why they list the trademark restriction. This does not apply here, as all images on Commons must be free in terms of copyright only, otherwise they are not acceptable at all. Sv1xv (talk) 14:23, 28 July 2009 (UTC)
          • I am not. It states very clearly in the wikipedia version of this image: "This image is copyright © 1994, Her Majesty the Queen in Right of Canada and is held under Canadian Crown Copyright.". Nat (talk) 17:41, 28 July 2009 (UTC)
            • Please try to understand, I don't refer to the 1994 copyright. I just try to keep deletion requests clear of trademark issues. I'll let some other admin decide if there is a copyvio. Sv1xv (talk) 19:41, 28 July 2009 (UTC)

[outdent] Can someone please come to a conclusion about this file? The deletion notice has been up for three months now, and has been causing confusion at Wikipedia, where the file is used quite prevalently. --Miesianiacal (talk) 04:24, 22 September 2009 (UTC)

If the shield dimensions are the main problem, I will just fix it to the 1957 specs now and it should be go to go. User:Zscout370 ^{(Return fire)} 17:01, 15 October 2009 (UTC)

1957 shield up now. User:Zscout370 ^{(Return fire)} 18:19, 15 October 2009 (UTC)

[edit] Update

With the 1957 version of the shield up, I deleted the other reversions. Now just waiting for this to close. User:Zscout370 ^{(Return fire)} 18:32, 2 November 2009 (UTC)

With the present version being unquestionably in the public domain, I close this request as kept. Rama (talk) 18:53, 2 November 2009 (UTC)