Commons:Deletion requests/Files in Category:Australian rules football jumpers

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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.

Given the very low threshold of originality in Australia these are just copies of team jumper design, and can only be used with non-free rationales (the same as a non-free logo) ans should be moved back to local projects which allow fair use

LGA talkedits 08:35, 26 August 2013 (UTC)[reply]

Not sure a on-mass move is possible, some can be hosted on enwp as free images on the bases they are {{Template:PD-ineligible-USonly}}, others will be suitable as fair use, others will fail the WP:NFC#UUI. LGA talkedits 08:47, 27 August 2013 (UTC)[reply]

Deleted: FASTILY 09:11, 7 September 2013 (UTC)[reply]

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.

as per batch 1 : Given the very low threshold of originality in Australia these are just copies of team jumper design, and can only be used with non-free rationales (the same as a non-free logo) and should be moved back to local projects which allow fair use.

LGA talkedits 10:28, 7 September 2013 (UTC)[reply]


Deleted -FASTILY 05:21, 8 September 2013 (UTC)[reply]

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.

as per batches 1 & 2 : Given the very low threshold of originality in Australia these are just copies of team jumper design, and can only be used with non-free rationales (the same as a non-free logo) and should be moved back to local projects which allow fair use. As for use on enwp, some can be hosted as free images on the bases they are {{PD-ineligible-USonly|Australia}}, others will be suitable as fair use, others will fail the WP:NFC#UUI.

LGA talkedits 21:58, 13 September 2013 (UTC)[reply]

  • keep all and undelete all of the above unless you can prove that each and every license individually is invalid, and then move those images individually to en WP with non free logo licenses. Your assumption of low threshold of originality assumes that the designs that images are based on are not public domain (some of these simple designs have been in use from the late 1890s). That assumption of low threshold of originality uses a legal decision regarding an extremely high profile and culturally significant flag as a precedent for clothing designs, which to me is quite strange and a big leap. Bulk deletions like this show no evidence of the nominator doing any form of BEFORE checks and are destructive to the project, for no real benefit. Has any copyright holder ever submitted a claim of infringement? You are all jumping at shadows. Thank you for at least letting us know this time. The-Pope (talk) 01:06, 14 September 2013 (UTC)[reply]
Have a read of Precautionary principle it covers your arguments, these Jumpers are based on the designs by the clubs in question and are therefore are derivative works of them and in common with other Common law countries, Australia has a very low threshold of originality so they are copyrighted in Australia and can't be hosted on commons. As has been explained before a on mass transfer is not possible as some images, such as File:St kilda bombrars.png will be {{PD-ineligible-USonly|Australia}} on enwp, others such as File:West coast bombrars.png could be added to enwp as fair use with a FUR for each page they are used on and removed from non-article pages. However others such as File:Warnersbayjumper.png would probably not meet the fair use in tables rules. LGA talkedits 01:49, 14 September 2013 (UTC)[reply]
I should also draw your attention back to this edit of yours when you said about a similar jumper that it is a "copy of their jumper design, and should be restricted in it's use (non-free rationales etc), licenced as a non-free logo, not public domain and moved back to en.". LGA talkedits 02:57, 14 September 2013 (UTC)[reply]
All I'm asking is for **you**, the nominator, to be specific and selective and appropriate. Do not use a nuclear bomb to clear the decks when selective trimming and moving would do the required job. Ask for help, we'll write the FURs. Act like this and we get annoyed. If you came to WP:AFL and said - "Guys, we have a problem, 80 jumpers with complicated logos, monograms or other recent specific designs can't be released under a free licence and can't be hosted on commons, if we move them, will you write FURs in the next few days/weeks" we would have helped out. Ever think of doing that? Working collaboratively? Ever think of maintaining the information to the world? We are writing this encyclopedia for the readers, not whatever your motives are. From your "Precautionary principle" I would argue that for many of these designs there is no significant doubt over their licencing. The-Pope (talk) 07:50, 14 September 2013 (UTC)[reply]
Given the court case relating to the Aboriginal flag shows just how low the threshold of originality is for copyright protection in Australia there is little or no doubt that all of these are protected by copyright in Australia and that copyright vests with the team and not as claimed the uploader. If you want them transfered so bad, you do it. LGA talkedits 09:28, 14 September 2013 (UTC)[reply]
Thankfully, I am not a lawyer, but my reading of that ruling is that it makes no decision whatsoever about any threshold of originality, it is solely about who created it and when. Has any real world use of this apparent low threshold of originality ever been used in Australia to claim copyright on simple graphics for items less significant than a hugely important flag that is specified in an act of parliament? As for me doing the moves, I can't transfer any of the ones you've already deleted, can I? Is it allowed to move files during a deletion discussion? Can non admins move files at all? The-Pope (talk) 18:05, 14 September 2013 (UTC)[reply]
It does, look at "The court orders that" section, part 1 b says that the work is copyright, if the work was below any threshold of originality the court would not have made that order. As for moving files, all you need to do is download them and the re-upload them to enwp, I am not aware of a tool that will do a commons to enwp copy. As for the ones already deleted an admin has already made a recommendation to you. LGA talkedits 20:18, 14 September 2013 (UTC)[reply]
If you made that assertion in an article I'd delete it for synthesis. Simple design A is copyright does not mean that all simple designs are copyright. Precedents aren't made as simply as that. Searching for examples of the flag being used add a precedent come up blank. Most threshold of originality cases seem to revolve around databases etc, not art. So, I ask again. Can you provide any evidence of simple designs other that a hugely significant flag being deemed copyrightable due to Australia's apparently low threshold of originally.The-Pope (talk) 09:58, 15 September 2013 (UTC)[reply]
No it is not synthesis and there are plenty of common law examples to pick from have a read of COM:TOO. The burden of proof is on you to show that they are not covered by copyright in Australia to be kept on commons. Or you could just move them to enwp with the correct FUR and the problem is solved.LGA talkedits 10:34, 15 September 2013 (UTC)[reply]

Deleted. Same as before. These are not ok for Commons -FASTILY 06:23, 26 September 2013 (UTC)[reply]

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.

as per batches 1, 2 and 3 : Given the very low threshold of originality in Australia these are just copies of team jumper design, and can only be used with non-free rationales (the same as a non-free logo) and should be moved back to local projects which allow fair use. As for use on enwp, some can be hosted as free images on the bases they are {{PD-ineligible-USonly|Australia}}, others will be suitable as fair use, others will fail the WP:NFC#UUI.

LGA talkedits 00:29, 29 July 2014 (UTC)[reply]


Deleted -FASTILY 11:07, 7 August 2014 (UTC)[reply]