File talk:Czeslawakwoka.jpg
 | This file was nominated for deletion on September 7th, 2008 but was kept. If you are thinking about re-nominating it for deletion, please read that discussion first. |
Questionable origin of photograph?
[edit]
I wonder if the description of this photograph is accurate; see ref. to photographer of this "series of photographs" in Auschwitz as "by Wilhelm Brasse": [1] and [[2]: the series of photographs appears to be this one, and yet the uploader claims to have taken it in 2004. (Note the feedback loop in the linking to the Wilhelm Brasse-identified photographs in the Wikipedia article by Edwards/Schreiner.) That may be the case, but I do wonder if this might be a copyright violation (since the photographs are actually the original work of Wilhelm Brasse, not the uploader, whose photograph is a derivative work [a photograph of a series of photographs taken by Brasse]), due to the problems encountered in the article on the young girl in Wikipedia (see its links): Czesława Kwoka, an article created by the uploader, Skyliber, in 2006: Skyliber contributions. (updated.) --NYScholar (talk) 09:37, 28 August 2008 (UTC)
- The user obviously took a picture of a display. Apply some common sense. -Nard the Bard 21:24, 7 September 2008 (UTC)
All Auschwitz prisoner identification photos made for the SS in Nazi-occupied Poland are in Public Domain under Polish copyright law, thank you. The spirit of Berne Convention for the protection of literary and artistic works, and specifically: the European Community (EC): Copyright (Harmonization Duration of Protection), Council Directive, 29/10/1993, No. 93/98 [3] states what the copyright protection implies and why it is not applicable here:
photographic work within the meaning of the Berne Convention is to be considered original if it is the author's own intellectual creation reflecting his personality, no other criteria such as merit or purpose being taken into account
The photograph, released into the Public Domain by its author, user Skyliber (talk · contribs), depicts the faces of child victims of the Holocaust who cannot be copyrighted according to Polish copyright law regardless of where their reproductions originated from. Their wartime identity photos were made by an unknown prisoner (wild guess: Wilhelm Brasse of Poland) slave-labour employee of Schutzstaffel (for further guidance see: Forced labor in Germany during World War II). Technically speaking, the originals are owned by the SS. They were made not by a German photographer, but by a foreign prisoner, and do not fall under Berne Convention as intellectual creation. --Poeticbent talk 03:02, 8 September 2008 (UTC)
