Commons talk:Reuse of PD-Art photographs

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Previous debates[edit]

For former discussions regarding this issue, see Commons_talk:When_to_use_the_PD-Art_tag


I believe that this is the Italian situation:

✓OK before 1994. Reproduction photography is protected by copyright in Italy, but this right subsists until 20 years have elapsed from the year in which the picture was produced. Article 87, Chapter V, Rights relating to photographs: «[... ] reproductions of works of graphic art [...] shall be considered to be photographs for the purposes of the application of the provisions of this Chapter.» Article 92, Chapter V: «The exclusive right in respect of photographs shall continue for twenty years from the making of the photograph.»--Trixt (talk) 19:11, 7 February 2009 (UTC)

✓ Added--Trixt (talk) 20:53, 11 January 2012 (UTC)


It'd be really useful if I could get the situation for Canada listed here, because I'm in the process of uploading some PD-Art works that I believe were scanned in Canada. Dcoetzee (talk) 23:50, 11 March 2009 (UTC)


Any objections that I would add following paragraph?


In the Belgian law "Wet betreffende het auteursrecht en de naburige rechten." of 30 June 1994, in chapter 1, part 1, article 2, paragraph 5 one finds:

De beschermingstermijn van foto's die oorspronkelijk zijn, in de zin dat zij een eigen intellectuele schepping van de auteur zijn, wordt (vastgesteld) overeenkomstig de voorgaande paragrafen.. [1]
(my translation): The protection duration of photgraphs that are original, in the sense that they are a proper intellectual creation of the author, becomes like previous paragraphs. (and thus copyrighted till 70 years after the death of the author)

The Belgian federal governement clarifies this on one of its websites:

Worden daarentegen niet beschermd door het auteursrecht: wat uitsluitend door een machine wordt voortgebracht (satellietbeelden).[2].
(my translation): Are not protected by copyright: what is made solely by a machine (e.g. satellite images).

Simple scans or photographs of public domain documents remain hence in the public domain.

Donarreiskoffer (talk) 13:27, 5 May 2011 (UTC)

✓ Added--Trixt (talk) 20:53, 11 January 2012 (UTC)

Reuse of PD-Art photographs[edit]

This page is an essay; it contains the advice and/or opinions of one or more Commons contributors. All messages on this site are legally uncertain. - - H.-P.Haack (talk) 22:07, 18 March 2012 (UTC)

Repro Photography in Germany[edit]

(Sorry for my weak command of the Wiki-techniques, I hope this does help) The statements about the situation in Germany ist incorrect (I practise as a lawyer for intellectual property). The German "Urheberrecht" makes a distinction between "Lichtbildwerk" and "Lichtbild", both represent a "copyright". The cited dedision of the Federal Supreme Court "BGH" is correct but does not cover important parts of the discussion. The opinion of David Seiler does not represent the generally accepted view of things. I suggest changing the situation to "inconclusive". Reproductions are protected by § 72 UrhG if the photo represents a minimum of effort - this can be artistic, intellecutal or even mere technical. See OLG Düsseldorf, "Beuys-Fotografien". [Björn, Berlin] —Preceding unsigned comment added by (talk • contribs) 17. Oktober 2012, 16:25 Uhr (UTC)

Thanks for your comment. The section has been thoroughly revised and expanded a few months ago and now includes an extensive survey of the literature. — Pajz (talk) 20:55, 3 October 2013 (UTC)

Brazil seems wrong[edit]

Brazil cites Article 46, but this article is not about PD-Art, it's about fair use. Here is the relevant clause:

the reproduction in any work of short extracts from existing works, regardless of their nature, or of the whole work in the case of a work of three-dimensional art, on condition that the reproduction is not in itself the main subject matter of the new work and does not jeopardize the normal exploitation of the work reproduced or unjustifiably prejudice the author’s legitimate interests.

I read this as being essentially about the "extent" part of fair use or de minimis, permitting reuse of copyrighted works where they are not the main subject matter of the new work and only "a short extract" is used. Obviously, in a careful reproduction, the original work is very much the subject of the new work, and moreover, we are only concerned with cases where the original work is in the public domain, which this clause does not address. As such I've removed the section on Brazil. Dcoetzee (talk) 20:29, 3 October 2013 (UTC)