Commons:Deletion requests/File:Spiderman and child.jpg
This deletion debate is now closed. Please do not make any edits to this archive.
seems to be a derivative work of the copyright design of the Spider-Man character InfantGorilla (talk) 18:53, 9 January 2009 (UTC)
- So the Pentagon here is guilty of copyright infringement? /Pieter Kuiper (talk) 19:22, 9 January 2009 (UTC)
- No - I expect the Pentagon can use the fair use defense. --InfantGorilla (talk) 21:10, 9 January 2009 (UTC)
Keep This is a picture of a performer in a costume, not a picture of Spiderman. We generally accept such images, for example pictures taken on a movie set that are freely licensed by the photographer. I also think this issue has been discussed in depth on some earlier deletion requests. --Simonxag (talk) 17:19, 11 January 2009 (UTC)
- It is the costume that is copyright.
- Commons:Licensing says (my emphasis) "Not OK ... Action figures, statuettes, costumes and other copyrighted material (see Derivative Works)", but
- Commons:Fan art says (my emphasis) "The only exceptions are ... Art which depicts everyday objects of utilitarian use; e.g. cars, clocks, clothing, which are not artistically unique..." (the page lists other exceptions that don't apply here.)
- So costumes that lack sufficient originality will not be copyrightable: for example perhaps Johnny Depp dressed as a pirate is not copyrighted (though you can bet that the publisher claims copyright, just in case.) Yesterday, I searched for previous discussions of Spider-Man costumes and only found some brief unfinished discussions on village pump, so any links you can offer will be helpful.
- Today I tried a wider search and found:
- General photos of costumes have been deleted as LucasArts, to the best of our knowledge, asserts copyright on their costumes (per Lupo)
- kept per UK freedom of panorama (FOP)
Debate not yet closed, but likely to be kept asThis is not actually how the Batman character dresses,. Update: "Kept per (narrow majority of) discussion"
- not yet closed. I do not believe the pirate costume passes the threshold of originality versus It's not generic pirate costume, but precise (in some degree) imitation of Jack Sparrow character.
- So I am afraid that I don't yet see a clear cut case to keep.
- I have made a fair use copy for English Wikinews at wikinews:File:Spiderman and child at Pentagon.jpg. Other projects could make their own copies where appropriate.
- --InfantGorilla (talk) 09:14, 12 January 2009 (UTC)
- Delete as derivative work or Fair use. AnimeFan (talk) 06:06, 3 March 2009 (UTC)
- Keep Keep per our lawyer, en:Mike Godwin, who might have been specifically discussing this image! http://commons.wikimedia.org/wiki/Commons:Deletion_requests/Images_of_costumes_tagged_as_copyvios_by_AnimeFan/Mike_Godwin_mail: "Suppose someone dresses up as, say, Spider-Man, and has a photo taken. The photo is neither a copyright violation nor a trademark violation." --GRuban (talk) 18:17, 5 April 2009 (UTC)
Kept, per Mike Godwin. Kameraad Pjotr 19:49, 6 May 2009 (UTC)
This deletion debate is now closed. Please do not make any edits to this archive.
Spiderman is copyrighted. MH1987 (talk) 18:21, 31 May 2010 (UTC)
- Kept before. Please present some new arguments & properly tag the image as well--DieBuche (talk) 18:31, 31 May 2010 (UTC)
- Keep per Mike Godwin's statement quoted in previous deletion request. Moreover, it's a US government work, so by law it's ineligible for copyright — if Congress says that works of the federal government aren't eligible for copyright, they can't contain copyright violations. Nyttend (talk) 22:08, 31 May 2010 (UTC)
- Not so; Federal law provides for the government to commit copyright infringement. See w:United_States_copyright_law#Government_infringement, and Title 11, § 511.--Prosfilaes (talk) 23:20, 31 May 2010 (UTC)
- Keep per Mike Godwin. If you have a lawyer, you may as well trust him.--Prosfilaes (talk) 23:20, 31 May 2010 (UTC)
Kept. –Juliancolton | Talk 16:33, 7 June 2010 (UTC)
Copyvio This picture mainly focused on Sony-copyrighted character Spider-Man and Disney-copyrighted character Captain America, and the relevant content is not used de minimis. Shiizhang (talk) 06:05, 17 May 2019 (UTC)
Keep Please see these discussions Commons:Deletion requests/Category:Rabbids/2 in 2011, Commons:Deletion requests/Images of costumes tagged as copyvios by AnimeFan in 2010, Commons:Deletion requests/Category:Rabbids in 2009, and wiki lawyer Mike Godwin's explanation. I believe it can be kept legally. - Shiizhang (talk) 06:11, 17 May 2019 (UTC)
Kept: See above. I take that as withdrawn. --Yann (talk) 06:28, 17 May 2019 (UTC)
