Commons:Deletion requests/File:Azadi Monument.jpg
File:Azadi Monument.jpg[edit]
COM:FOP#Iran. 84.61.139.62 09:34, 11 March 2012 (UTC)
Keep It's copyright holder is a legal personality (i.e. Tehran municipality) and the tower has been built in 1971 that means more than 30 years has been passed after its date of public presentation, so it definitely falls into the public domain in Iran and anyone can take a photo of the Tower and publish it under a suitable license. There is just one copyright holder here, the photographer. Americophile 12:40, 11 March 2012 (UTC)
Kept: Accoding Freedon of panorama in Iran erected 1971 by the Shah-goverment should be free now. JuTa 18:32, 11 June 2012 (UTC)
File:Azadi Monument.jpg[edit]
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 Iran. The previous DR reached a faulty conclusion. The copyright lasts for fifty years after the death of the creator. The fact that the owner of the work is a legal entity has no bearing on this -- the period is reduced to thirty years after creation only if the copyright is transferred and there is no evidence that anyone but the architect owns the copyright. . Jim . . . . (Jameslwoodward) (talk to me) 21:26, 13 August 2014 (UTC)
- COM:FOP#Iran says "copyright of the works which produced on order by an employer belongs to the employer for a period of thirty years from the date of production" and "In cases where the work belongs to a legal personality or rights are transferred to a legal personality, it will fall into public domain after 30 years from the date of publication or public presentation". // Liftarn (talk)
- There is no evidence that the creator of the monument, Hossein Amanat, was an employee of the government. His WP:EN biography makes no mention of it. It is far more likely that the work was done on commission, as is true of almost all art and architecture. The second quote above refers to the ownership of the copyright, not of the work itself. There is no evidence that this copyright was transferred and such transfers are very unusual.
- In order to keep the work it must be proven beyond a significant doubt that either Hossein Amanat was an employee of the Iranian government when he designed this work or that he transferred the copyright in the work to the government. . Jim . . . . (Jameslwoodward) (talk to me) 10:33, 14 August 2014 (UTC)
- No. You cannot separate "produced on order" from "by an employer". In order for the clause to apply, Amant must have been an employee, not simply an independent architect. Again, there is no evidence that he was an employee of the government at any time in his career. . Jim . . . . (Jameslwoodward) (talk to me) 12:04, 16 August 2014 (UTC)
- Please also check Commons:Village pump/Copyright#Category:Azadi Tower. It looks like according to Berne Convention the source country is Canada and not Iran, as Iran is not a Berne Convention member state and the architect is Canadian citizen. It is unclear how Commons rules apply in this case, but technically images of this building become free if we take Canada as a source country — NickK (talk) 12:59, 17 August 2014 (UTC)
- He is a dual citizen now (Canada and Iran), but he did not leave Iran until eight years after this structure was built, so I don't see how we can possibly stretch the source country to be Canada. . Jim . . . . (Jameslwoodward) (talk to me) 10:32, 18 August 2014 (UTC)
Deleted. Per nom, and further arguments by Jim. INeverCry 21:57, 22 August 2014 (UTC)
