Commons:Deletion requests/File:FrancoiseHardy-1967-Venise-ReportagePhoto.png

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:FrancoiseHardy-1967-Venise-ReportagePhoto.png[edit]

Strong doubt that this image qualifies for PD-Italy. Even in Italy, Getty Images agency licenses this image for a high license-fee and without clearance for commercial use. -- Túrelio (talk) 12:35, 17 October 2023 (UTC)Reply[reply]

 Keep. This file respects the PD-Italy rules : this photo report is not a piece of art but a news report work, this pictures has been taken in Italy and before 1976.
Please refer to the PD Italy discussion :
https://commons.wikimedia.org/wiki/Template_talk:PD-Italy
And the rules are : the place (Italy), the date or the creation and the non artistic purpose of the picture. The present file is matching all these consideration. Tisourcier (talk) 13:14, 17 October 2023 (UTC)Reply[reply]
The agencies (such as Getty or Mondadori) are not selling copyrights but copy or reproductions; this is not the same purpose. If they want, they can sell any copy of a public domain picture. Their rules are not over the Italian, French or Amecian laws or regulation. Tisourcier (talk) 13:30, 17 October 2023 (UTC)Reply[reply]
As an example, here is the case of another PD-Italy decision :
https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Louis_de_Fun%C3%A8s_%E2%80%94_L%27Homme_orchestre_(1970).jpg Tisourcier (talk) 13:50, 17 October 2023 (UTC)Reply[reply]
For your aknowledgment, until today, no agency has dared to request on Commons, the removal of any photo under PD-Italy. This confirms, for years, that the regulations are respected and that these agencies and the photographers concerned are fully aware of the terms and conditions. Tisourcier (talk) 16:52, 17 October 2023 (UTC)Reply[reply]
I do not fear anything for Commons or the WMF, but for re-users. Getty Images agency is quite well known to pursue any unlicensed use of what they think is their property. Users outside the U.S. are not "protected" by the DMCA. --Túrelio (talk) 18:56, 17 October 2023 (UTC)Reply[reply]
I understand but if that were the case, there would have been a lot of interventions by Getty since 2006 when PD-Italy was introduced into Commons whose criteria were set in 2018.
To complete this fact, here are some examples of photos that Getty still sells and which have been on Commons under PD-Italy for a long time:
https://commons.wikimedia.org/wiki/File:Andy_Warhol_1975.jpg
https://commons.wikimedia.org/wiki/File:Dalida_1960s.jpg
https://www.gettyimages.it/detail/fotografie-di-cronaca/france-gall-singing-poupee-de-cire-poupee-de-son-fotografie-di-cronaca/104414031
https://commons.wikimedia.org/wiki/File:1965_Eurovision_Song_Contest_-_France_Gall.jpg Tisourcier (talk) 11:36, 18 October 2023 (UTC)Reply[reply]
And a very interesting topic here to refer :
https://commons.wikimedia.org/wiki/Commons:Deletion_requests/Files_in_Category:Dalida Tisourcier ([[User talk:Tisourcier|

An at last, demonstration that this picture is a part of a complete photo news report, some others files during the same session :

https://www.gettyimages.it/detail/fotografie-di-cronaca/portrait-of-french-singer-and-actress-francoise-fotografie-di-cronaca/1181643440

https://www.gettyimages.it/detail/fotografie-di-cronaca/portrait-of-french-singer-and-actress-francoise-fotografie-di-cronaca/1181643469

https://www.gettyimages.it/detail/fotografie-di-cronaca/portrait-of-french-singer-and-actress-francoise-fotografie-di-cronaca/1181643444

https://www.gettyimages.it/detail/fotografie-di-cronaca/portrait-of-french-singer-and-actress-francoise-fotografie-di-cronaca/1181643507

Tisourcier (talk) 11:49, 18 October 2023 (UTC) talk]]) 11:45, 18 October 2023 (UTC)Reply[reply]


Kept: per Tisourcier. These photos are PD-Italy because the portraits are apparently have been taken "live", without modifying the environment (lights, decorations, etc.), and because, like File:Andy_Warhol_1975.jpg, there are not enough elements in the photo to characterize it as being representative of the creativity of the photographer. Ruthven (msg) 19:03, 23 October 2023 (UTC)Reply[reply]