Commons:Deletion requests/Files in Category:Chinese propaganda posters

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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.

These were first published after 1945, so they are copyrighted in the United States for 95 years since publication.

Stefan4 (talk) 00:06, 21 December 2012 (UTC)[reply]

How can they be copyrighted when PD-China explicitly states that the ones published 50 or more years ago are public domain ? Why would a public domain work be copyrighted in the States ? - Tourbillon 19:44, 21 December 2012 (UTC)[reply]
The template says that the copyright has expired in China and that the posters are in the public domain in China. However, other countries use different rules, and the posters are not in the public domain in every country in the world. For example, Chinese posters first published in 1946 or later are copyrighted in the United States and won't be in the public domain in the United States until 95 years after they were first published. There is no en:rule of the shorter term in the United States, so you often find that a work is in the public domain in its source country but not in the United States. See COM:URAA for details. --Stefan4 (talk) 21:07, 21 December 2012 (UTC)[reply]
Well that is beyond ridiculous, but I suppose nothing can be done. - Tourbillon 12:30, 22 December 2012 (UTC)[reply]
Propaganda posters in China are created and printed by public agitprop institutions. With a few rare exceptions, these works are anonymous as far as an individual author is concerned. The publishing institution can be considered a "copyright holder", although it's impossible to know if any of these institutions survives today. - Tourbillon 12:57, 24 December 2012 (UTC)[reply]
It occurs to me that if the copyright holder is the Chinese state and this same Chinese State has declared these works to be in the public domain that a user of the works is most unlikely to get sued. That would not be the case where the copyright holder is (for example) a commercial organization. Might this not be a similar case to Crown Copyright which the British government says lapses worldwide after 50 years but which (presumably) US law says doesn't? --Simonxag (talk) 19:33, 24 December 2012 (UTC)[reply]
I thought that the US would not grant a copyright to a work made by a state? Yann (talk) 11:00, 29 December 2012 (UTC)[reply]
USA does not grant copyright to works made by the US government. However, these were made by the Chinese government, and USA does grant copyright to works by other governments. --Stefan4 (talk) 11:48, 29 December 2012 (UTC)[reply]
  •  Delete, unfortunately. These were still under copyright in China when the URAA went into effect on 1 January 1996, and so their copyright in the US was extended to 95 years from the date of publication. They should all be moved to zh.wiki, and some can probably be moved to en.wiki under fair use claims. Parsecboy (talk) 18:10, 10 January 2013 (UTC)[reply]

Deleted: NOne of us like URAA, but we're stuck with it. Sorry. .     Jim . . . . (Jameslwoodward) (talk to me) 22:15, 11 January 2013 (UTC)[reply]

  • Transfer notes: These files cannot be moved to zh.wiki, except in compliance with their non-free content policy, as no WMF project can host files that are copyrighted in the US except under an exemption doctrine policy in compliance with US fair use law (see Licensing resolution). However they were moved to Wikilivres, as Canada has the rule of the shorter term. Dcoetzee (talk) 23:34, 12 January 2013 (UTC)[reply]