Image talk:Sphere before Sept 11.jpg

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From WP:PUI:

• Image:Sphere before Sept 11.jpg - Derivative work. The rights of the sculpture belongs to Fritz Koenig. Koenig is not dead, thus his works are not in the PD and photos of them can not be freely licensed unless Koenig agrees. Kjetil_r 12:44, 29 June 2006 (UTC)
  • See response above. I have permission from the original photographer, as the page indicates, and can and should provide a link to the source on the image page. Images of sculptures have AFAIK been fair use in the US and on the English Wikipedia. You're going to have to get rid of a lot of photos here if you want your interpretation to stick. As for your reading of statute, English common law says that if not specifically prohibited (and it isn't), it's permitted. Daniel Case 15:38, 29 June 2006 (UTC)

I do not doubt that you have permission from the photographer.

US copyright law does specifically say that sculptures are protected by copyrights, see § 102. Subject matter of copyright: In general. A photo of a sculpture is a derivative work, and § 106. Exclusive rights in copyrighted works states that “the owner of copyright under this title has the exclusive rights to do and to authorize ... to prepare derivative works based upon the copyrighted work”.

A photo like this will most likely be fair use under § 107, and may thus be used in the English Wikipedia. But one has to provide a fair use rationale for the articles one wants to use it in, and tag the image as such. A image like this can not be moved to the Wikimedia Commons or wikis which do not allow fair use, therefore the tagging as fair use is important. Kjetil_r 16:39, 29 June 2006 (UTC)

This has been done. Daniel Case 04:17, 30 June 2006 (UTC)

I have applied the new license tag {{Statue}}, which claims fair-use for the object depicted and allows the photographer to set the license for the derivative photograph. User:Angr 15:17, 14 July 2006 (UTC)