Wikipedia:Files for discussion/2024 October 2 - Wikipedia

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The previous FfD for this file was closed yesterday as no consensus, but I'm reopening because of this comment from someone presumably representing the UK distributor. At this point at least, I'd still say that although Fritz Lang's work is under copyright in the UK and Germany, this version doesn't contain elements that would be copyrighted in the U.S. hinnk (talk) 10:55, 2 October 2024 (UTC)[reply]

While I'm fairly unfamiliar with these specific copyright laws, I don't know really understand how this applies. Wouldn't that just allow us to upload various BBC programs or anything that was made for release in the UK here and host it on US servers? That sounds like a giant loop hole copyright-wise to me and I don't really understand where or how this applies. Also, as I'm in Canada, does this make it viable for me to watch and use under these US copyright laws? I'm not really voting this yes or no, I just don't really get it. Andrzejbanas (talk) 12:08, 2 October 2024 (UTC)[reply]

To the first question, no. Generally speaking, works published by the BBC in the UK will be copyrighted in the U.S. for 95 years after first publication, even if that publication was outside the U.S. The U.S. used to require works meet a few other requirements, but many works whose U.S. copyright had expired for those reasons ended up having their copyright restored by the URAA in 1996. This actually happened with Metropolis from 1996 to 2022 and gets discussed in Metropolis (1927 film) § Copyright status.

Since this version obviously differs from the original release, the main question is whether the changes are eligible for copyright protection in the U.S. Wikimedia projects have usually used the interpretation that faithful restoration of a public domain work doesn't establish a new copyright (but things like new soundtracks, pan and scan, digital colorization, etc. can require copyrightable creativity). I think the last discussion of this was c:Commons:Village pump/Copyright/Archive/2024/06#Film restoration, new copyright?.

I can't really speak to the second question with any authority. My understanding from the Reiss Engelhorn Museum and National Portrait Gallery cases is that the Wikimedia Foundation is based in the U.S. and claims the right to host works that are in the public domain there. Seems safe to say it isn't legal for people outside the U.S. to redistribute works in countries where they're still under copyright. hinnk (talk) 13:01, 2 October 2024 (UTC)[reply]

The source is stated to be a CCTV camera. In this case, c:template:PD-automated could probably apply. Ixfd64 (talk) 17:11, 2 October 2024 (UTC)[reply]