[Wiki Loves Monuments] FOP in Europe: does this include WWII monuments with art?

[Jane Darnell]

Thanks for your quick responses! I know this is probably new for both
of you (it was new for me), but the current discussion implies that
lots of images of 3-D objects by Dutch creators that have been out on
Commons for years are now threatened to be taken down. This includes
all artworks created less than 90 years ago, so it includes all WWII
monuments. For more information see this:
http://commons.wikimedia.org/wiki/Template:URAA_artist

This is a similar issue as the takedowns that have already started for
2-dimensional artworks by Dutch creators who died 70+ years ago. An
example are the artworks by Leo Gestel, who died in 1941, but only
those works he created before 1923 are allowed on Commons. Even though
in the Netherlands all of his work has fallen into the public domain,
the images are stored on servers in the US and therefore fall under US
copyright restrictions.

This means that by definition, WWII monuments that are not simply text
and include some sculpture or other artwork, are no longer eligible
for Commons. My gut feeling is that these monuments are public domain,
because it seems to me that a sculpture created for a European
municipality in a specific location within that municipality to honor
an event within that municipality could not possibly fit the
description "first published in the US in year X". I was hoping for
some quick explanation I could reuse for the Dutch National Committee,
but I guess this is all still new for Wikipedians in general.

Thanks in any case for your time!
Jane

2013/3/2, WereSpielChequers <werespielchequers at gmail.com>:
> I don't know about the DMCA take down notice in question, but you need to
> remember that Europe is a continent with many countries, and FOP is one of
> the areas that hasn't been harmonised even within the European Union. I'm
> in the UK which does largely have FOP, but only for three dimensional works
> that are permanently on Public display. The Houseball is definitely three
> dimensional but if it was in the UK I'd be wondering if it permanent or
> temporary? For other WWII stuff in the UK a key consideration is whether it
> is two or three dimensional - there are some WWII related two d display
> boards near me which I would have photographed if they were covered by FOP.
>
> My suggestion would be to only go ahead in those countries that have FOP,
> and include a link to the guidelines we have for commons images from that
> country.
>
> WSC
>
> On 2 March 2013 10:53, Jane Darnell <jane023 at gmail.com> wrote:
>
>> Hello,
>> WMNL was recently approached for helping start a photo contest for
>> WWII monuments. Based on this
>> http://commons.wikimedia.org/wiki/File:Freedom_of_Panorama_in_Europe_NC.svg
>> We assumed that these photographs could be used on Wikipedia, but the
>> recent discussions about the DMCA takedown notice for this
>>
>> http://commons.wikimedia.org/wiki/Category:Houseball_(Oldenburg_and_van_Bruggen)
>> indicate that FOP in Europe is not really FOP.
>>
>> To be careful, we have decided to cancel the photo contest idea,
>> though people are of course terribly disappointed about this.
>>
>> Does anyone know the status of this discussion? Of course, WLM has
>> brought in several thousand of these "possibly-not-FOP" sculptures, as
>> they are often WLM monuments themselves, or are situated directly in
>> front of buildings that are WLM monuments.
>>
>> Thanks in advance for any info you have - we need a short and sweet
>> way to inform the WWII monument committee and WMNL volunteers why we
>> are cancelling.
>> Jane
>>
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>