Commons:Deletion requests/File:Orenstein & Koppel, Typ 3-191, C n2t in Bialosliwie, August 1969 (Klaus Jünemann und Klaus Kieper, Die Triebfahrzeuge der polnischen Schmalspurbahnen, Der Modelleisenbahner 4, 1970, S. 124).jpg

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File:Orenstein & Koppel, Typ 3-191, C n2t in Bialosliwie, August 1969 (Klaus Jünemann und Klaus Kieper, Die Triebfahrzeuge der polnischen Schmalspurbahnen, Der Modelleisenbahner 4, 1970, S. 124).jpg

This file may meet the criteria for speedy deletion. This file is a copyright violation because it is copyrighted and not published under a free license. The file is subject to speedy deletion unless it is relicensed according to the Commons licensing policy. This file is a copyright violation for the following reason - Author is unknown. Licence is invalid. Photo scanned from magazine published in 1970 in East Germany. Please refer to Commons:Publication. There is no evidence that it was published before 1994 in Poland. Please refer to Commons:Project scope/Evidence. Probably the photo was taken by one of the authors of the article published in the magazine. The railway was a strategic object in a communist country. An ordinary person would be brutally beaten by the security services for taking such a picture. Respecting copyright is not about making claims without evidence. It never means that someone can scan a photo from a book and a recipe that they introduce shortly after creating it. Copyright should not be implied. This should be based on unequivocal evidence. No one can ever immediately assume that a photo was published immediately after it was taken. This can never be an arbitrary decision by one editor. Uoijm77 (talk) 11:11, 9 April 2023 (UTC)

Please keep. The photograph was taken in August 1969 in Bialosliwie (Poland) and is thus public domain. We do not need to confirm the nationality of the photographer, but we check the location, where the photo has been taken (in this case Poland, as shown in the caption on page 127). Otherwise, a tourist could request that the laws of his home country should be applied to his photos. A public domain photo does not get protected by being printed in a foreign country. Only the collation of four photos on one page is protected by GDR copyright, but the page is not reproduced here.--NearEMPTiness (talk) 11:37, 9 April 2023 (UTC)

The template clearly states that the photo must be taken by a Polish photographer or previously published in Poland. Uoijm77 (talk) 11:50, 9 April 2023 (UTC)

However the law says "Art. 6. Prawo autorskie doznaje ochrony, jeżeli: ... 4) ochrona wynika z układów międzynarodowych lub polega na wzajemności." --NearEMPTiness (talk) 11:57, 9 April 2023 (UTC)

The photo is subject to copyright protection. Uoijm77 (talk) 12:09, 9 April 2023 (UTC)

I am no lawyer, but I believe the photo is public domain in Poland, as it has been taken in Poland in August 1969, and it is not subject to copyright protection in the German Democratic Republic, although it has been subsequently printed there. --NearEMPTiness (talk) 12:14, 9 April 2023 (UTC)

The rules indicated in the template clearly indicate that it is not in the public domain Uoijm77 (talk) 12:24, 9 April 2023 (UTC)

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Deleted: Per the text of the source article at [1], the photographs there were taken by German photographers (and model railway enthusiasts) (Klaus) Kieper, (Lothar) Nickel, and (Helmut) Pochadt on excursions in Poland. There is nothing in the article to suggest that the photos were published in Poland first. So PD-Poland does not apply, and German copyright applies. de:Klaus Kieper died in 2018, Helmut Pochadt must have died in 2010 or 2011 (his obituary is listed in the table of contents here), Lothar Nickel probably died in 1991 (I found an obituary for a Lothar Nickel listed in the TOC of a January 1992 model railroader magazine). Since we don't know which of the three named photographers took this photograph, the file can be restored in 2089, 70 + 1 years after Kieper's death. US copyright will have expired by then as well. --Rosenzweig τ 11:23, 29 August 2023 (UTC)