Commons:Deletion requests/File:Knottedgun1.jpg

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 South Africa. Therefore, this image infringes on the sculptor's copyright. .     Jim . . . . (Jameslwoodward) (talk to me) 17:15, 25 May 2014 (UTC)[reply]

Dear (Jameslwoodward)

Thanks for the notice. This project was taken as part of the Cape Town Public Art initiative that collated all the public artwork of Cape Town in the from of CC-BY-SA licenced photographs. The Cape Town Public Art initiative is a project conducted by the Africa Centre and funded by the City of Cape Town, who holds the rights to the freedom of panorama. If I get a letter of permission from the City of Cape Town, would this allow this image, and the 1000 other images that I was about to upload, to be suitable for Commons? Or do I have to get the permission from the sculptor, which currently resides with the Non-violence Project Foundation? I am also happy to get the image released by them if that is required. Please advise. Islahaddow (talk) 08:56, 26 May 2014 (UTC)[reply]

In almost all cases, the sculptor retains the copyright, so we will need a license from each sculptor, using the procedure at Commons:OTRS. I am not sure what you mean by "the City of Cape Town, who holds the rights to the freedom of panorama" -- there is no FOP in South Africa.

It is unfortunate that before undertaking a project of this magnitude that no one looked at the copyright issues involved. Although I am not expert on "fair use", as it is enforced on WP:EN, I suspect that many, perhaps all, of your images may find a place on WP:EN with a fair use tag, see Wikipedia:Non-free_content#Policy. .     Jim . . . . (Jameslwoodward) (talk to me) 09:53, 26 May 2014 (UTC)[reply]

Deleted: There is no FOP in South Africa. Ad per Jim Natuur12 (talk) 12:40, 1 June 2014 (UTC)[reply]