File:Two men in boater hat by the sea.jpg

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This media file has been nominated for deletion since 5 November 2023.
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Reason for the nomination:
These are United States photos from the flickr "found photos" collection recently discussed in the Village Pump. The assumption is that these are mostly personal (family) photos never published anywhere else before they were scanned and published in the flickr collection. So, for example for File:Catherine Budy, March 13, 1938.jpg, {{PD-US-no notice}} wouldn't be applicable as this template relies on publication "in the United States between 1928 and 1977, inclusive, without a copyright notice". Or another example: File:Two women with a car, 11-1936.jpg. If we can assume that this is a personal photograph that was never published before (and it very much loooks like that) and the first publication was in the flickr "found photos" collection (thus, "2003 or later"), then per COM:HIRTLE, I assume it's protected for "95 years from publication OR 120 years from creation, whichever expires first". In this case of a 1936 photo, that would be 2056 (1936 + 120). As the pictures are now published (on flickr), I'm using the Hirtle entries for published works, not for unpublished ones, for my argument. I will note that RAN has argued, also in other discussions, that "USA case law has sided with the concept that images found in the wild have been made public once they leave the custody of the creator", but I haven't seen him back that claim up with references, and I haven't found it in our Commons documentation. To me, assuming "publication" as soon as a photograph "leaves the custody" of the photographer (like: photographer takes photo, gives it to a family where it then rests in the family album) at least doesn't seem to be consistent with our usual assumptions regarding "publication". But I would be happy to accept this with reliable sources, we also then would need to adapt COM:HIRTLE and similar documentation pages, probably.
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Summary[edit]

Description
English: Two men in boater hat by the sea.
Date early 20th century
Source https://www.flickr.com/photos/thomashawk/53139636176/
Author UnknownUnknown
Permission
(Reusing this file)
The author(s) or other right holder(s) of this work is not known or cannot be located. It is therefore an orphan work. A license tag is still needed.

English | français | +/−

Licensing[edit]

Public domain
This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1928.
Public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. If the work is not a U.S. work, the file must have an additional copyright tag indicating the copyright status in the source country.
Note: This tag should not be used for sound recordings.PD-1923Public domain in the United States//commons.wikimedia.org/wiki/File:Two_men_in_boater_hat_by_the_sea.jpg

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Date/TimeThumbnailDimensionsUserComment
current12:47, 30 October 2023Thumbnail for version as of 12:47, 30 October 20236,726 × 3,780 (15.48 MB)Yann (talk | contribs)Cropped 9 % horizontally, 15 % vertically using CropTool with lossless mode.
12:42, 30 October 2023Thumbnail for version as of 12:42, 30 October 20237,375 × 4,445 (18.77 MB)Yann (talk | contribs)c:User:Rillke/bigChunkedUpload.js:

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