File:MartiequNYC14.jpg – Now moot as the file got undeleted at REFUND. This was clearly going to be closed as undelete anyway so I don't see any point arguing process and we can just close this. – SpartazHumbug! 09:16, 25 February 2013 (UTC)[reply]
The following is an archived debate of the deletion review of the page above. Please do not modify it.
photo of statue is Public Domain, no notice formalities as required by US law. Smithsonian Inventories of American Painting and Sculpture database [1]; "Due to these requirements, statues and art installed in a place open to the general public prior to 1978 are likely in the public domain if they do not comply with copyright formalities." Commons:Public art and copyrights in the US, in addition another picture by Shankbone is in the commons. [2]198.24.31.118 (talk) 19:57, 21 February 2013 (UTC)[reply]
Overturn. The evidence presented is that the sculpture was published before 1978 and in the detailed description of the inscription no mention is made of any copyright notice. If this is the case then the argument for deletion was incorrect, the sculpture is now public domain and freedom of panorama is not relevant. So, provided the photographer has licensed the photo appropriately, the image can be restored. Thincat (talk) 00:44, 22 February 2013 (UTC)[reply]
That seems very convincing, but if it's in the public domain then doesn't it belong on Wikimedia Commons rather than here?—S MarshallT/C 01:09, 22 February 2013 (UTC)[reply]
I think it would be better on Commons (though allowed here) and indeed might helpfully be put there if deletion were endorsed or anyway. I would be almost sure it would survive Commons:Deletion requests. I note that File:JoseMartiCentralParkNYC.JPG is now on Commons having started out at WP. Thincat (talk) 10:32, 22 February 2013 (UTC)[reply]
Oh! I see this other image did survive a deletion request on Commons.[3]Thincat (talk) 10:57, 22 February 2013 (UTC)[reply]
Keep It says that the file was deleted at PUF, but the file was later restored, so I'm not sure if "endorse" means "keep" or "delete" in this case. SIRIS usually has all inscriptions, but you can't be 100% certain without checking the statue yourself, although it is often common practice to accept that a statue has no copyright notice if SIRIS doesn't mention any. In this case, the description is very detailed, so it is unlikely that SIRIS is missing anything. It says that the statue was erected in either 1959 or 1965. If it was erected in 1959, then the statue would additionally need a copyright renewal after approximately 28 years (i.e. somewhere around 1987). I searched for "Jose Marti" at www.copyright.gov, and then I also tried searching for "Anna Hyatt Huntington", but I couldn't find any renewals. Thus, if it was erected in 1959, then it seems that the statue is in the public domain for lack of copyright renewal. Conclusion: It seems very unlikely that the statue would still be protected by copyright. --Stefan2 (talk) 18:31, 24 February 2013 (UTC)[reply]
The above is an archive of the deletion review of the page listed in the heading. Please do not modify it.
![[2]](https://commons.wikimedia.org/wiki/File:JoseMartiCentralParkNYC.JPG){kind=link}
![[3]](https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:JoseMartiCentralParkNYC.JPG){kind=link}