File:Moka Express - Espresso Coffee Diptych (2313043664).jpg

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See Commons:Village_pump/Copyright#useful-object-UK.3F.

Original Italian Moka Bialetti model "Moka Express"
Date
Source Moka Express - Espresso Coffee Diptych
Author Lloyd Morgan from Amersfoort, Netherlands
Permission
(Reusing this file)
Public domain This image is of an object with an intrinsic utilitarian function, and is consequently not a W:Derivative work. Thus, the object itself is in the public domain. However, not all images of such objects are in the public domain.

Thus, in order for this template to be permissible, the image itself must also be free under copyright law - whether because it's in the public domain (e.g. covered by a tag such as {{PD-old}}) or because it was freely licensed by the photographer or copyright holder; see Commons:Copyright_tags.

In a nutshell:

There are special provisions in copyright law to exempt utility articles to a wide degree from copyright protection.

See this derivative works exception. In brief, in the UK Supreme Court's decision in the Stormtrooper case, useful articles, guidelines as to the legal meaning of 'sculpture' were handed down by the High Court Judge in the first trial, which were endorsed by the Court of Appeal, and were therefore subjected to argument and judicial review by the UK Supreme Court: they were approved; and are summarised as follows:

  • 'sculpture' can be things going beyond what one would normally expect to be art in the sense of the sort of things that one would expect to find in art galleries
  • no judgment is to be made about artistic merit
  • not every three-dimensional representation of a concept can be regarded as a sculpture
  • the essence of a sculpture is that it should have, as part of its purpose, a visual appeal in the sense that it might be enjoyed for that purpose alone, whether or not it might have another purpose as well; the purpose is that of the creator, who may fail, but that does not matter (no judgments are to be made about artistic merit) because it is the underlying purpose that is important
  • for example, a pile of bricks, temporarily on display at Tate Modern for two weeks, is plainly capable of being a sculpture; the identical pile of bricks dumped at the end of a driveway for two weeks preparatory to a building project is equally plainly not; one asks why there is that difference, and the answer lies in having regard to its intention – one is created by the hand of an artist, for artistic purposes, and the other is created by a builder, for building purposes.

Subject to disclaimers.

Warning: One or more elements in this file are protected by copyright
Some parts of this file are not fully free but believed to be de minimis for this work. Derivatives of this file which focus more on the non-free element(s) may not qualify as de minimis and may be copyright violations. As a direct consequence, cropped versions of this file may require a review of their copyright status.
Camera location51° 29′ 34.15″ N, 3° 10′ 52.62″ W Kartographer map based on OpenStreetMap.View this and other nearby images on: OpenStreetMapinfo


Licensing[edit]

w:en:Creative Commons
attribution share alike
This file is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license.
You are free:
  • to share – to copy, distribute and transmit the work
  • to remix – to adapt the work
Under the following conditions:
  • attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  • share alike – If you remix, transform, or build upon the material, you must distribute your contributions under the same or compatible license as the original.
This image was originally posted to Flickr by fakelvis at https://flickr.com/photos/40933543@N00/2313043664. It was reviewed on 23 March 2016 by FlickreviewR and was confirmed to be licensed under the terms of the cc-by-sa-2.0.

23 March 2016

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Date/TimeThumbnailDimensionsUserComment
current12:38, 23 March 2016Thumbnail for version as of 12:38, 23 March 20161,063 × 750 (188 KB)Elvey (talk | contribs)Transferred from Flickr via Flickr2Commons

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