Image talk:AHWatercolor1.jpg

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Contents 1 Hitler died in 1945 2 EU Copywright 3 Hitler died in 1945 (second take) 4 Copyright rationale

[edit] Hitler died in 1945

The current text says: "copyright term of life of the author plus 100 years".

So does this suggest that the author died more than 100 years ago? Isn't the author Adolf Hitler who died in 1945?

-- nyenyec ☎ 9 July 2005 01:52 (UTC)

I think that text is wrong, since in most countries copyright term ends after 60-70 years. Besides, who really cares about Hitler's rights? Alensha 16:30, 8 September 2005 (UTC)

His heirs may do. We could claim fair use, but, presumably, one politicians's painting is not necessarily historical enough to do so. David.Monniaux 10:26, 6 October 2005 (UTC)

Heirs? Actually, the state of Bavaria inherited everything from Hitler, including his copyrights. AFAIK, the only restriction they have is disallowing new editions of Mein Kampf. bogdan 19:17, 3 February 2006 (UTC)

Does anyone knows the year in which it was created? It could be Public Domain in the United States, but only if it was made before 1923. bogdan | ^Talk 09:55, 7 October 2005 (UTC)

Googling shows that it was in created in 1919. bogdan | ^Talk 09:57, 7 October 2005 (UTC)

[edit] EU Copywright

Um. It was created in France by a citizen of Austria. U.S. copywright doesn't apply at all. WTO agreements bind the U.S. to enforcing EU copywright law, which has a fair-use-style provision:

Article 46 Collections for Religious, School or Instructional Use

(1) Reproduction and distribution shall be permissible where limited parts of works, of works of
language and of musical works, individual works of fine art or individual photographs are 
incorporated after their publication in a collection which assembles the works of a considerable  
number of authors and is intended, by its nature, exclusively for religious, school or instructional  
use. The purpose for which the collection is to be used shall be clearly stated on the title page or 
some other appropriate place.

There's no {{Article 46}} template, so I've changed the image tag to {{fairusein|Adolph Hitler}}, which is about as close as we can get in en.wiki —Clarknova 16:21, 15 October 2005 (UTC)

[edit] Hitler died in 1945 (second take)

The current text says: "This image is in the public domain because its copyright has expired in the United States and those countries with a copyright term of life of the author plus 100 years or less.".

Hitler died in 1945, thats < 100 years.

-- nyenyec ☎ 20:12, 3 February 2006 (UTC)

BTW, why is the template Life + 100 ? My country says life + 70, so I can't use that template for some images, although they are clearly PD by the law. bogdan 20:30, 3 February 2006 (UTC)

Yes, that is correct. This template is frequently misinterpreted. The sentence begins "This image is in the public domain because its copyright has expired in the United States", which is what is applicable in this case. The copyright has been expired for several years now. Hall Monitor 20:34, 3 February 2006 (UTC)

Nope, Bogdan is right - this template is for use on images for which the creator has been dead for over 100 years. Different countries use different terms; this template is used to show just how out-of-copyright a picture is - it's not just out of copyright in the USA, but out of copyright anywhere with a life + 100 years term or indeed a life + 70 years term. As such it should only be used in pictures for which the creator has been dead for 100 years or more. If you want to say "it's out of copyright in the USA", use {{PD-US}}. However, that template is mainly for use in images which were published in the USA prior to 1923, which this one wasn't. Until somebody can come up with a better explanation of why this is PD, and an appropriate template, I am going to mark this with the deprecated {{PD}}. Better a too-general template that someone may try to fix than one which is 100% definitely incorrect. TheGrappler 11:57, 20 May 2006 (UTC)

[edit] Copyright rationale

The text "Copyright has expired; image is over 67 years old and published before 1964" doesn't make it clear why this is out of copyright. Why does 1964 matter? Why the 67 years old? I know this is a pre-1923 work, and images published in the USA before 1923 are out of copyright, but this wasn't published in the USA prior to 1923 so we can't use {{PD-US}}. Any ideas? TheGrappler 12:04, 20 May 2006 (UTC)