File talk:Marc, Franz - Pferde in Landschaft.jpg

Was PD-Art appropriately used here?

Ich habe erhebliche Zweifel, ob dieses Foto verwendet werden darf. Die Quellenangabe verweist auf den Bayerischen Rundfunk. Das Foto wurde heute auf der Pressekonferenz erstellt. Somit liegt die Urheberschaft des Fotos beim Fotografen, das Alter des abgebildeten Gemäldes ist aus meiner Sicht irrelevant. --Romanist (talk) 20:59, 5 November 2013 (UTC)

I don't see any problem. Here are my thoughts:

• Usage of this image here on wikimedia commons is perfectly in line with USA law and wikimedia policies (which is what counts, because Wikimedia and it's servers are in the USA). The painting is in the Public Domain in the USA because of it's age. A faithful photographic reproduction of a two dimensional artwork does not attract new copyrights under USA law. That makes use of the image here legal. See Commons:When_to_use_the_PD-Art_tag and Commons:Reuse of PD-Art photographs for more about this.
• Feel free to re-discuss wikimedia's policies on the relevant discussion pages, like Commons talk:When to use the PD-Art tag (but be advised that it has been discussed over and over, lawyers have looked into it, and consensus has been reached).
• Although not relevant for this publication here on commons, usage may be restricted in other countries, as the header in the Licensing Section clearly indicates. (According to Commons:Reuse_of_PD-Art_photographs#Germany the situation in Germany is inconclusive, but, as I read it, there's probably no restriction on publication.)
• On the sideline: the source may be Bayerischen Rundfunk, but it's highly unlikely that they made the photograph, because the painting is under lock and key with the German authorities. It was probably released by German authorities on today's press conference as you already mentioned. In other words: the source given on the file information page indicates where the file came from, but doesn't say anything about the file's owner and/or copyright status.

Sorry for answering in English, I read German but don't write it. Kind regards, Jahoe (talk) 22:30, 5 November 2013 (UTC)