User talk:Scotch Mist
Discussion History Archives: *** Archive from 2012 to 2017
Quality Image Archives: *** QI Archive from 2012 to 2017
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A barnstar for you!
|The Special Barnstar|
|I've been searching for my Great Great Grandfather's grave for years and stumbled across your excellent photo of Franciszek Sikora's headstone in Milowka Cemetery. My Great Grandfather, Wladyslaw, came to the United States in 1906 and no one seemed to know the family history other than their names Frank and most likely Karolina and that they were from Milowka. Thank you so much for taking that photo! Warmest Regards from the United States - Michael Sikora Msikora227 (talk) 02:35, 25 July 2016 (UTC)|
The reason provided for removing this photo was "because: Screenshot of non-free content: poster", but this was not a 'computer screenshot' but a photograph of a board at the entrance to a Sanok park containing a promotional poster for the park. One would think that those who designed the poster (and who presumably hold any copyright) with the object of advertising the park and placed it on a board in a public space did so to promote the park and that therefore any rights of 'copyright' have not only been effectively waived but have clearly been intended to be waived (although admittedly I could be corrected on this if the Polish text, at the bottom of the poster and of which I am uncertain of the implications as I do not speak Polish, confirmed otherwise).
A photo of a poster is a derivative work equal to scanning it or any other form of reproduction. And unless it can be extempted under the freedom of panorama it is a fully copyrighted work, where these rights are retained by the original author(s). The intentions of original author(s) are irrelevant here, as the realising one's copyrights cannot be based on intentions (that's why here on Commons we use license templates, for example)- Commons:Project scope/Precautionary principle. Masur (talk) 10:09, 8 March 2017 (UTC)
Thank you for your detailed reply but for future reference can you please explain why would a photograph including such a poster displayed by the side of the road at the entrance to a public park not be exempt under Polish FOP? --SM1 (talk) 10:27, 8 March 2017 (UTC)
- Polish FoP applies only to works that are permanently exhibited and provided that the propagation is not for the same use. Therefore a picture of a scultprure is fine, but a picture of a picture not really (the same use). And here additionally we had a temporary installation. Masur (talk) 11:00, 8 March 2017 (UTC)