Commons:Requests for comment/FoP Mexico

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Should we delete File:Esclavismo.jpg and File:Mural pbm.jpg, and even all images in the Category:FoP-Mexico, because their publication is not allowed by US law? If these files can be published here, what license should we use? Chronology of the discussion :

  1. User talk:JuTa#Freedom of panorama is not a license?
  2. Commons:Village pump/Archive/2013/06#FoP Mexico
  3. Commons:Village pump/Copyright#FoP Mexico
  4. Maybe this previous discussion can be helpful.

El Comandante (talk) 23:17, 10 June 2013 (UTC)

  • Symbol delete vote.svg Delete because {{FoP-Mexico}} only applies "provided that normal commercialization of the work is not affected". If you take a {{PD-Art}} photo of a 2D artwork, I'd assume that the normal commercialisation usually is affected. But why can't this be handled through a normal deletion discussion instead? --Stefan4 (talk) 23:27, 10 June 2013 (UTC)
  • I would not say delete all images in FOP Mexico. The category includes a variety of images, some of which probably do not really need to rely on FOP as they would be de minimis., There are also some that may need FOP to be legal in Mexico but do not reach the US threshold of originality or are pre-1923.
  • The reason an RFC may be appropriate is because of the images that need FOP to be legal in Mexico but would be legal in the US. We may need to upgrade the FOP templates to license status so we can correctly specify that an image is legal in both the source country and the US.
  • Also, we have been giving images from FOP countries a free pass here while waiting for clarity, and largely ignoring the effective NC and ND feeatures of FOP policies. This whole discussion may be an argument that that tolerance is a bad idea as it makes it hard to draw a line of acceptability.
  • I still have not heard what the status of the two mural images is in Mexico. Does the photographer have a copyright under Mexican Law? Dankarl (talk) 21:40, 11 June 2013 (UTC)
  • "without altering the work" means that derivative works are probably not allowed.--Underlying lk (talk) 07:37, 14 June 2013 (UTC)