Commons:Deletion requests/File:Stades des Alpes depuis la Bastille by Matthieu Riegler.jpg

From Wikimedia Commons, the free media repository
Jump to navigation Jump to search
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.

File:Stades_des_Alpes_depuis_la_Bastille_by_Matthieu_Riegler.jpg[edit]

This image features an architectural or artistic work, photographed from a public space in France. There are no Freedom of Panorama exemptions in France, which means that they cannot be photographed freely for anything other than personal purposes. French jurisprudence states that no infringement is constituted when the work is an "accessory compared to the main represented or handled subject". However, the file name is that of the building, the description is of the building. In this photo, the building is not "accessory compared to the main represented or handled subject". The subject is the building. --~ Grcampbell (talk) 07:38, 23 June 2011 (UTC)Reply[reply]

  •  Keep Clear case of COM:DM. It's just a cityscape. The picture can be renamed if needed, we see a lot of other buildings (for example the "Palais des Congrès" and residential buildings). Jeriby (talk) 00:06, 24 June 2011 (UTC)Reply[reply]
Reply The stadium forms an essential part of the overall photographic composition, and the photograph was taken deliberately to include the stadium. Therefore, there is likely to be copyright infringement, and it is no defence to say that the stadium is 'just in the cityscape'. If the existence of the stadium was the reason the photograph was taken in the first place, copyright infringement cannot be avoided by additionally including within the frame more of the setting or the surrounding area. If the stadium makes the image more attractive, or more usable, then a de minimis defence to a copyright-infringement action can not be applied. Also relevant in this discussion is the fact that the image is described and classified for the stadium. You cannot argue de minimis if the photograph is described as illustrating the stadium and is placed within the category for stadium. Therfore, de minimis does not apply and the image must be deleted.--Grcampbell (talk) 03:43, 24 June 2011 (UTC)Reply[reply]
: Keep le stade n'est pas le sujet central. --P@d@w@ne 12:58, 24 June 2011 (UTC)Reply[reply]

Deleted: Commons:DM#An_example_under_Civil_Law: "French case law states that the said artwork must not be intentionally included as an element of the setting: its presence in the picture must be unavoidable (CA Versailles, 26 janvier 1998, Sté Movie box c/ Spadem et a.)". The stadium is obviously the focus, given the image's use in articles covering it and the central focus and framing around it. – Adrignola talk 17:12, 27 July 2011 (UTC)Reply[reply]

Retrieved from "https://commons.wikimedia.org/w/index.php?title=Commons:Deletion_requests/File:Stades_des_Alpes_depuis_la_Bastille_by_Matthieu_Riegler.jpg&oldid=620394002"