Category talk:Romanian FOP cases/deleted
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 | This talk page may have a limited number of watchers. Issues concerning the freedom of panorama rules of Romania may get more attention if a notice of the discussion here is given at a general page like Commons:Village pump/Copyright. Better still, post new discussions at the said general page/s instead. |
For Commons Administrators
[edit]Commons administrators who believe that "No FOP" applies indiscriminately to everything in Romania, please be aware of Romanian legislation. Thank you.
- [Monument istoric] (registrated).
- [PD-RO-exempt] (According to the Decree no. 321/1956 of June 18, 1956 Chapter 1 Article 7, non-artistic photographs were not expressly protected by copyright. Artistic photographs taken between 1956 and 1996 are protected by copyright for a limited term, as follows: (b) 10 years since issuance for the author of an artistic photographic serie and (c) 5 years since issuance for the author of an isolated artistic photograph. Of the aforementioned photographs, those whose term hadn't expired before 1996 received a considerable prolongation, according to the Romanian Law on Copyright and Neighboring Rights Law no. 8/1996 of March 14, 1996 Article 149, Paragraph 3, modified by Law no. 285/2004 of June 23, 2004, Article 128: "The length of copyright over works that have been created before the enforcement of this law and whose protection terms had not expired according to the previous legislation are prolonged to the protection term provided by this law". Therefore, Romanian artistic photographs whose protection term expired before 1996 are now in the public domain. These include photographic series published before 1986 and isolated photographs published before 1991. As a courtesy, please credit the author whenever using the photograph).
- [Romania personality rights] (Article 88 - 1: The distribution of a work containing a portrait shall require the authorization of the person represented in that portrait. Its author, owner or possessor shall not have the right to reproduce it or communicate it to the public without the consent of the person represented, or that of his successors, for a period of 20 years after the death of the said person. - 2: Unless otherwise agreed, authorization shall not be required if the person represented in the portrait is a professional model or has received remuneration for the sitting. - 3: Authorization shall not be necessary for the distribution of a work containing the portrait : 'a' of a widely-known person, if the portrait was made on the occasion of that person's public activities ; 'b' of a person where the representation of that person constitutes only a detail of a work representing an assembly, a landscape or a public function.
Article 89. The distribution of correspondence addressed to a person shall require the authorization of the addressee and, after the addressee's death, for a period of 20 years, that of his successors, unless he has expressed a different wish.)
2A01:CB1C:821F:A400:E814:38F4:1E2E:B79B 19:00, 31 August 2023 (UTC)
- Kindly log in before editing instead of commenting under an anonymous IP address account. But anyway, the three factors you state are irrelevant:
- Historic monuments are eligible for copyright as long as the artist or architect is not yet dead for more than 70 years. Those can only be accepted here if the heirs of the architect or artist has explicitly permitted commercial Creative Commons license use over Wiki Loves Monument-obtained images of the works (see COM:VRTS for email process), or if Romanian copyright law has been reformed to remove de minimis or non-commercial restriction found in the FOP clause; that is, the Article 33(1)(f).
- PD-RO-exempt, I believe, only applies to photographs. It is not applicable to works of art depicted in the said photos. Photos can be eligible for this tag but the works they depict may not. The only applicable template for Romanian works is {{PD-old-70}}, but that is only applicable to works whose architects or artists died more than 70 years ago. Also, Uruguay Round Agreements Act of 1994 is binding on Commons as Wikimedia is hosted by servers in the U.S., so U.S. laws also apply to all pre-1978 Romanian sculptural monuments that were still in copyright on January 1, 1996. Those monuments may not be restored or undeleted here even if Romanian copyright expires, until 95 years after the year of public display (URAA). URAA can be ignored with addition of {{Not-free-US-FOP}} disclaimer tag for U.S. readers, but that tag is only valid if Romania has commercial FOP (which is not as of now).
- Personality rights, irrelevant. We do not talk about photographs of people, but photographs showing artworks and architecture that are infringing on copyrights of architects and artists.