Commons:Deletion requests/Files in Category:Sculpture Taravos Anikė in Klaipėda

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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.

Files in Category:Sculpture Taravos Anikė in Klaipėda

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In most countries, all paintings, sculpture, architecture, text, and other creative works have copyrights which last for 70 years after the death of the creator. An image of a work that is still under copyright is a derivative work, and infringes on the copyright so that we cannot usually keep the image on Commons. In some countries, there is a special exception to the copyright law which allows such images under certain circumstances. We call that exception freedom of panorama (FOP). Unfortunately there is no applicable FOP exception in Lithuania. Although this sculpture was originally created in 1912, it was lost during WWII and a new sculpture was created in 1989 by H. Haacke. see Teatro aikštė. These images infringe on the sculptor's copyright and cannot be kept on Commons without a free license from him.

.     Jim . . . . (Jameslwoodward) (talk to me) 09:50, 10 October 2016 (UTC)[reply]

 Keep The sculpture clearly was created by Alfred Kühne from Berlin in 1912. The fact that a copy[1] made by some Arnold (not "H.") Haacke was placed there in 1989, doesn't change the original creation by Alfred Kühne: a simple comparison of old and new photos (like File:Klaipėda teatra placo (teatros aikštė) Ännchen von Tharau 3.jpg and in 1912) shows that there is no "new" artwork, but a simple copy of the original sculpture. IF Alfred Kühne died after 1946 and is not dead for 70 years, there is a reason to discuss a removal of these files from wikimedia commons, but the argumentation that a completely "new sculpture was created in 1989 by H. Haacke" and this modern artwork has to be copyrighted is just wrong. So the only question is: When did Alfred Kühne die? --Aidas (talk) 17:02, 10 October 2016 (UTC)[reply]

I found evidence of a Alfred Kühne, Berlin, 1873-1929 [1], which from 1919 worked as civil servant, but I didn't find a record of his earlier professional life and proof that he created sculptures. As Berlin was a big city in 1912, there easily can have been more than one citizen called "Alfred Kühne" there in 1912... --Aidas (talk) 17:16, 10 October 2016 (UTC)[reply]
You misunderstand the law with respect to copies. Even if the 1989 sculptor stood in front of the old statue and copied it as faithfully as he could, the copy would have a new copyright. In many countries (although not the USA or on Commons) even a faithful photograph of a painting has a new copyright. In this case, the 1989 sculptor could not stand in front of the 1912 work because it no longer existed, so he presumably worked from photographs and other people's memories. That certainly gives rise to a new copyright. .     Jim . . . . (Jameslwoodward) (talk to me) 14:12, 11 October 2016 (UTC)[reply]
Nevertheless, I found still two misunderstandings in this discussion. First, the sculptor of 1989 jes is some "H. Haacke", that is Harald Haacke,[2], and in that link it is stated that the original sculptor of 1912 was Alfred Künne [sic, no "h" there], Berlin. Unfortunately, the link provided by Aidas does no longer exist, and I didn'f find an archieved copy. ThomasPusch (talk) 10:05, 4 August 2022 (UTC)[reply]

References:

  1. ↑ deutsche-digitale-bibliothek.de
  2. ↑ http://harald-haacke.de/aennchen-von-tharau/

Deleted: per nomination/COM:PRP. --lNeverCry 22:28, 16 October 2016 (UTC)[reply]

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