Commons:Deletion requests/File:Spiderman and child.jpg

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This deletion debate is now closed. Please do not make any edits to this archive.

File:Spiderman_and_child.jpg[edit]

seems to be a derivative work of the copyright design of the Spider-Man character InfantGorilla (talk) 18:53, 9 January 2009 (UTC)

So the Pentagon here is guilty of copyright infringement? /Pieter Kuiper (talk) 19:22, 9 January 2009 (UTC)
No - I expect the Pentagon can use the fair use defense. --InfantGorilla (talk) 21:10, 9 January 2009 (UTC)
  • Symbol keep vote.svg Keep This is a picture of a performer in a costume, not a picture of Spiderman. We generally accept such images, for example pictures taken on a movie set that are freely licensed by the photographer. I also think this issue has been discussed in depth on some earlier deletion requests. --Simonxag (talk) 17:19, 11 January 2009 (UTC)
It is the costume that is copyright.
  • Commons:Licensing says (my emphasis) "Not OK ... Action figures, statuettes, costumes and other copyrighted material (see Derivative Works)", but
  • Commons:Fan art says (my emphasis) "The only exceptions are ... Art which depicts everyday objects of utilitarian use; e.g. cars, clocks, clothing, which are not artistically unique..." (the page lists other exceptions that don't apply here.)
So costumes that lack sufficient originality will not be copyrightable: for example perhaps Johnny Depp dressed as a pirate is not copyrighted (though you can bet that the publisher claims copyright, just in case.) Yesterday, I searched for previous discussions of Spider-Man costumes and only found some brief unfinished discussions on village pump, so any links you can offer will be helpful.
Today I tried a wider search and found:
General photos of costumes have been deleted as LucasArts, to the best of our knowledge, asserts copyright on their costumes (per Lupo)
kept per UK freedom of panorama (FOP)
Debate not yet closed, but likely to be kept as This is not actually how the Batman character dresses,. Update: "Kept per (narrow majority of) discussion"
not yet closed. I do not believe the pirate costume passes the threshold of originality versus It's not generic pirate costume, but precise (in some degree) imitation of Jack Sparrow character.
So I am afraid that I don't yet see a clear cut case to keep.
I have made a fair use copy for English Wikinews at wikinews:File:Spiderman and child at Pentagon.jpg. Other projects could make their own copies where appropriate.
--InfantGorilla (talk) 09:14, 12 January 2009 (UTC)

Kept, per Mike Godwin. Kameraad Pjotr 19:49, 6 May 2009 (UTC)

This deletion debate is now closed. Please do not make any edits to this archive.

File:Spiderman_and_child.jpg[edit]

Spiderman is copyrighted. MH1987 (talk) 18:21, 31 May 2010 (UTC)

Kept before. Please present some new arguments & properly tag the image as well--DieBuche (talk) 18:31, 31 May 2010 (UTC)
  • Keep per Mike Godwin's statement quoted in previous deletion request. Moreover, it's a US government work, so by law it's ineligible for copyright — if Congress says that works of the federal government aren't eligible for copyright, they can't contain copyright violations. Nyttend (talk) 22:08, 31 May 2010 (UTC)
  • Keep per Mike Godwin. If you have a lawyer, you may as well trust him.--Prosfilaes (talk) 23:20, 31 May 2010 (UTC)

Kept. –Juliancolton | Talk 16:33, 7 June 2010 (UTC)

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