Commons:Deletion requests/Files in Category:ARA General Belgrano (ship, 1938)

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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:ARA General Belgrano (ship, 1938)

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The image was taken by Martín Sgut (1951-2010) and published simultaneously in the US and Argentina in May 1982. However, the author never consented the publications and sued several newspapers and news agencies in 1984 [1]. Apparently, he won the trial in a New York court and was awarded $20,000 in damages [2]. That means that his copyright was recognized in the US since 1984-1987 (I don't know the exact duration of the trial). The work as indicated in the files is in the public domain in Argentina. (publication + 25 years), but it is still copyrighted in the US (life + 70 years). Notice that the US doesn't apply the shorter term rule. We can undelete these images in 2081.

Günther Frager (talk) 22:38, 15 September 2023 (UTC)[reply]

@Günther Frager: Not sure if you didn't know this template existed but Template:Not-PD-US-URAA exists whenever an image is public domain in its home country but not in the US. SuperSkaterDude45 (talk) 23:54, 29 October 2023 (UTC)[reply]
I'm completely aware of it. {{Not-PD-US-URAA}} can only be used for images uploaded before 1 March 2012. File:ARA Belgrano 1982.PNG, for example, was uploaded in 2014. The template was created to mark old uploads that could potentially have their copyright restored at URAA time. Before that date URAA retored copyrights were ignored, but it changed once the US Supreme Court explicitly acknowledged URAA restoration was constitutional. After that event mass deletion was ruled out, but individual, well formed DR are possible for old files. Our licensing policy still requires files to have a free license or be in the public domain in both its country of origin and the US. In this particular case, I'm arguing that the US gave copyright protection to this image in the 1980s, so it is not even a URAA-related case. Günther Frager (talk) 00:14, 30 October 2023 (UTC)[reply]

Deleted: per nomination, U.S. court decision indictates this has a recognized U.S. copyright independent of URAA. Undelete in 2081. --Abzeronow (talk) 20:47, 9 January 2024 (UTC)[reply]

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