January 21
File:Luis M. Taruc Hukbalahap Monument1.jpg
- The following is an archived discussion concerning one or more files. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the file's talk page or in a deletion review). No further edits should be made to this section.
The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 14:11, 28 January 2024 (UTC)[reply]
- File:Luis M. Taruc Hukbalahap Monument1.jpg (delete | talk | history | links | logs) – uploaded by Valenzuela400 (notify | contribs | uploads | upload log).
- File:Luis M. Taruc Hukbalahap Monument21.jpg (delete | talk | history | links | logs) – uploaded by Valenzuela400 (notify | contribs | uploads | upload log).
- File:Luis M. Taruc Hukbalahap Monument17.jpg (delete | talk | history | links | logs) – uploaded by Valenzuela400 (notify | contribs | uploads | upload log).
- File:Luis M. Taruc Hukbalahap Monument16.jpg (delete | talk | history | links | logs) – uploaded by Valenzuela400 (notify | contribs | uploads | upload log).
- File:Luis M. Taruc Hukbalahap Monument 15.jpg (delete | talk | history | links | logs) – uploaded by Valenzuela400 (notify | contribs | uploads | upload log).
- File:Luis M. Taruc Hukbalahap Monument 14.jpg (delete | talk | history | links | logs) – uploaded by Valenzuela400 (notify | contribs | uploads | upload log).
- File:Luis M. Taruc Hukbalahap Monument 13.jpg (delete | talk | history | links | logs) – uploaded by Valenzuela400 (notify | contribs | uploads | upload log).
- File:Luis M. Taruc Hukbalahap Monument12.jpg (delete | talk | history | links | logs) – uploaded by Valenzuela400 (notify | contribs | uploads | upload log).
There is no freedom of panorama in the Philippine copyright law. English Wikipedia cannot accept images of copyrighted monuments from countries with no FoP rights unless one image of the monument is converted to WP:Fair use for use on the article of the monument itself, not the articles of the persons or events the monument depicts. Per this article, the statue is very recent, unveiled in 2023 and authored by sculptor Josef Andre Canasa Layug. This is copyrighted and unfree for commercial Creative Commons licensing distribution. JWilz12345 (Talk|Contrib's.) 03:33, 21 January 2024 (UTC)[reply]
- The Layug Taruc Hukbalahap sculpture will have a NHCP-National Museum historical marker forthcoming to be installed as required by R.A. No. 11961” (‘An Act Strengthening the Conservation and Protection of Philippine Cultural Heritage Through Cultural Mapping and An Enhanced Cultural Heritage Education Program, Amending for the Purpose Republic Act No. 10066, Otherwise Known as the “National Cultural Heritage Act of 2009”’, signed into law on 24 August 2023); San Luis town and Pampanga Province both have jurisdiction now to cover this sculpture - by required cultural mapping, since this is the only one and first in Philippine History that a Hukbalahap has been erected, as National Treasure of the Philippines or Important Cultural Property at the very least; for this reason, this Special law becomes an exception to the Copyright or no FOP law in the Philippines, with due respect to the young Layug sculptor;
- I was assisted in this photography by my friend-secretary who, upon request by a sales broker bought a lot hereat Memorial Park; I was told that the owner of the Park commissioned the statue and informed us that the young sculptor waived his rights upon payment of the commission; the Provincial and local government also claims landmark historical rights, but the instant statue is privately owned by the Park owner; I was told that either the owner and or the sculptor will email me or Wikimedia Foundation owners regarding the matter; but for me, the shortest avenue to treat this is for the sculptor from Santa Ines, Guagua relative of Willy Layug, to issue an email to us or to Commons regarding permission if required by Wikipedia; a longer route is to ask for legal opinion from the Pampanga Provincial Legal Office regarding this legal matter on copyright. (Nota Bene just for reference 1 -In Commons, The Luis M. Taruc Freedom Park and Museum (Santo Tomas, San Luis, Pampanga) with sculpture therein the statue is very recent and authored by a sculptor; this is copyrighted and was long been treated as free for commercial Creative Commons licensing distribution; 2 Category:Gateway Tower (Cubao, Quezon City) was designed by the AC Redevelopment Design Group, in association of local architectural firm Palafox Associates by Filipino architect Felino Palafox and American architectural firm RTKL Associates and the Article Commons has the photos thereof) Done, very sincerely Valenzuela400 (talk) 06:54, 22 January 2024 (UTC).[reply]
- @Valenzuela400 no, copyright is not magically waived just by the park paying fees to the sculptor. If you obtained this information from the park management, the management may have little knowledge on copyright law. Section 178.4 states (with some emphases): "In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary." So, unless the park managements shows the document that clearly stated the copyright transfer from the sculptor to them, they have no evidence to back up their statement. But even then, this is just a copyright transfer; it means in this case, the copyright is just transfered to the park management, and the work is not in public domain. Commercial license permission from the ultimate copyright holder is what Wikimedia needs, not your or the park management's confusing interpretations of the copyright law regarding commissioned works. JWilz12345 (Talk|Contrib's.) 03:06, 23 January 2024 (UTC)[reply]
- Delete unless we have VRT confirmation that the sculpture is freely licensed. We are not privy to the contract between the park and the sculptor and so we cannot determine the copyright status of sculpture. In such cricumstance, we default to the sculpture being copyrighted unless we receive evidence to show otherwise. -- Whpq (talk) 04:45, 24 January 2024 (UTC)[reply]
- The above is preserved as an archive of the discussion. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the file's talk page or in a deletion review). No further edits should be made to this section.
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