File talk:Bugeaud, Thomas - 2.jpg

From Wikimedia Commons, the free media repository
Jump to navigation Jump to search
[edit]

Photograph of an Old Master found on the Internet, but there is an explicit notice of copyright claim: As long as the image is or appears to be a faithful reproduction of a 2D public domain work of art, it can be used. As per WMF's position, it is considered to be in the public domain even when there is a notice about copyright claim. The uploader should not include that notice when uploading to Commons because it could be confusing to people who will reuse the picture. When to use the PD-Art tag. Johanraymond (talk) 22:24, 24 May 2024 (UTC)[reply]

The picture is taken directly from https://collections.chateauversailles.fr/#/query/41f07fe3-779f-4b20-9e18-8e1de87aa7c6. The website clearly states : "© RMN-GP (Château de Versailles) / © Gérard Blot :For any commercial or editorial use of images from the collections of the Château and the national domain of Versailles, please contact the RMN Photographic Agency."
The pictures uploaded in Wikimedia Commons should allow commercial use. I contacted the company, they stated that anyone who wants to use the image should pay for a license.
The work itself is in the public domain, but the picture of the work was taken by a photographer. If a work is in the public domain, it means anyone can take a picture of it themselves and use it for commercial purposes. However, not anyone can steal someone else's photography and use it just because the work is in the public domain. Riad Salih (talk) 22:48, 24 May 2024 (UTC)[reply]
As it is a faithful reproduction of a 2D public domain work of art, there is no legitimate copyright claim. Johanraymond (talk) 07:26, 25 May 2024 (UTC)[reply]
The collection of Château de Versailles is an international French museum since 1995. The copyright ownership and regulations pertaining to the works are explicitly stated. Copyright status cannot be solely based on personal opinions. Riad Salih (talk) 10:29, 25 May 2024 (UTC)[reply]
We need to check this and this Commons:Reuse of PD-Art photographs#France to obtain further information. Those who are more familiar with French laws can help. Riad Salih (talk) 10:49, 25 May 2024 (UTC)[reply]
Hi @Yann hope all is good from your side. We are still having a discussion to figure out the details of the work, laws differ for each country we need necessary specifications. Riad Salih (talk) 16:51, 25 May 2024 (UTC)[reply]
As said above, faithful copy of a 2D work in the public domain doesn't create a new copyright. Many French GLAMs claim a copyright, but this was never proved in court. On Commons, we do not recognize these claims. And nobody is going to challenge them, so this odd situation persists. I consider this claim to be copyfraud, specially because these institutions are financed by public money. I have contacted several institutions, and requested evidence of these claims, and I never got an answer. Yann (talk) 17:55, 25 May 2024 (UTC)[reply]