File talk:Golden Globe Trophy.jpg
Latest comment: 10 months ago by Tbhotch in topic Replaceable?
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Replaceable? edit
I'm not sure whether I understand the "Replaceable?" criterion directly. Does it say that it's not permitted to take a photo of the trophy because it is under copyright? Or does it say that nobody has yet taken a photo and then released it under a free license? Because if it's the latter, and I suspect it is, the rationale fails this criterion. That is, the photo must be deleted as it is in fact replaceable. Schwede66 02:10, 19 June 2023 (UTC)
- "This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) whoever holds copyright of the original has the exclusive right to authorize derivative works.". (CC) Tbhotch™ 04:21, 21 June 2023 (UTC)
- Aha. Thanks. I see that US copyright applies.
- What happens when one of these leaves the US? Local copyright law would apply, wouldn't it? For example, in New Zealand, three-dimensional art is subject to copyright unless it's a permanent installation. Suppose somebody's Golden Globe ends up in a New Zealand museum as a permanent display. Arguably, FOP would apply in that case and anyone could take a photo that could then be freely licensed.
- I suggest that at best, the "Replaceable?" criterion is rather shaky if it applies to a mass-produced trophy that's gone all over the world. Schwede66 08:15, 21 June 2023 (UTC)
- Since Wikipedia is located in the US, NZ and US laws apply to the subject, because it is registered in the US. The picture would be an acceptable CC-SA picture, but it would still need to be tagged as fair use. The picture can be replaced with a free one (merely not to use a copyrighted picture), but, as long as the subject is copyrighted, the HFPA holds its 2D and 3D rights in the US, similar to File:Trump Baby Balloon at protest in Parliament Square.jpg. It will all depend on how permanent is permanent. (CC) Tbhotch™ 14:08, 22 June 2023 (UTC)
