Commons:Deletion requests/Files in Category:Fontana La Nave

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Files in Category:Fontana La Nave

The sculpture was completed in 1987 by Pietro Cascella (1921–2008). There is no freedom of panorama in Italy. The copyright term of the country is 70 years, and the image can be undeleted in 2079

A1Cafel (talk) 03:47, 11 January 2025 (UTC)[reply]

The sculpture by Pietro Cascella was completed in 1987 and was commissioned by the Municipality of Pescara in 1984. According to Italian copyright law, works commissioned and paid for by the Italian state or its subdivisions (such as municipalities) are considered official works (government works), and the copyright in these cases lasts 20 years from publication. Since this sculpture was built in 1987, the copyright expired in 2007. Therefore, the image is no longer under copyright and can be freely used.

It should also be noted that a deletion proposal regarding photos of the same sculpture was made in the past and rejected for the same reasons. Earthh (talk) 13:17, 13 January 2025 (UTC)[reply]

@A1Cafel: I have noticed that you have proposed the deletion of several other images of Italian public monuments, committing the same error (here, for instance). All works created by a state entity (or its subdivisions) and older than 20 years are no longer subject to copyright. You are kindly invited to rectify all deletion requests for works that fall under this rule, as I do not have the time to do it myself. Earthh (talk) 13:22, 13 January 2025 (UTC)[reply]

Even though it is a work from the Italian Government, it is still copyrighted in USA due to COM:URAA, copyright restored in 1996. --A1Cafel (talk) 14:14, 13 January 2025 (UTC)[reply]

Some further clarification:

The sculpture was indeed still under copyright in Italy on January 1, 1996 (the URAA reference date), as its copyright only expired in 2007 (20 years after its publication in 1987). This means that the URAA did restore copyright for this work in the United States in 1996.
However, U.S. copyright law specifies that the term of restored copyright for foreign works lasts only as long as the copyright remains valid in the source country. Since the copyright for this sculpture expired in Italy in 2007, its U.S. copyright under the URAA also expired in 2007.
Therefore, this sculpture is now in the public domain in both Italy and the United States, and the image may be freely used.

It is also worth reiterating that per COM:URAA, the mere fact that the URAA may have applied temporarily is not a sufficient reason for deletion. Given that this work is clearly in the public domain in both jurisdictions, there is no justification for removing it. Earthh (talk) 18:27, 13 January 2025 (UTC)[reply]

The cut-off date was January 1, 1996, it was still copyrighted in Italy at that time, so the copyright in USA restored and expired 95+1 years after publication, i.e. in 2083. --A1Cafel (talk) 03:06, 14 January 2025 (UTC)[reply]

Your claim is incorrect and demonstrates a misunderstanding of both the URAA and U.S. copyright law. Since the copyright for this sculpture expired in Italy in 2007, its U.S. copyright under the URAA also expired in 2007. The 95-year maximum term does not apply because the Italian term (20 years for government works) is shorter and takes precedence. Earthh (talk) 08:39, 14 January 2025 (UTC)[reply]

Keep As explained above, the copyright for Italian public works lasts 20 years and expired in 2007. The URAA does not apply here because the copyright in the source country has already expired. Earthh (talk) 08:42, 14 January 2025 (UTC)[reply]
Keep, per Earthh and the close here. Justlettersandnumbers (talk) 21:12, 24 January 2025 (UTC)[reply]

Deleted: per nomination. This is a 1987 work, so per COM:HIRTLE, since we have a known author with a known year of death, the copyright term duration is 70 years pma in the US as well, until the end of 2078. Unless we consider it to be a work made for hire, then it would be 95 years from 1987, to the end of 2082. I'll add the Undelete in 2079 category and leave the decision to whomever will handle it then. @Earthh: Your claim that “U.S. copyright law specifies that the term of restored copyright for foreign works lasts only as long as the copyright remains valid in the source country.” is not correct. That would be what is called the rule of the shorter term, and Commons:URAA-restored copyrights#Frequently Asked Questions explicitly says “The US does not have the rule of the shorter term”. --Rosenzweig τ 10:43, 1 February 2025 (UTC)[reply]