Commons:Deletion requests/File:Jessie Lacuna 2020.jpg

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:Jessie Lacuna 2020.jpg

The PD-status, per {{PD-PhilippinesGov}}, as claimed by the uploader, is contradicted by the terms of use statement[1] of the source-website, which claim intellectual property and demand written permission for commercial use. -- Túrelio (talk) 10:57, 6 January 2022 (UTC)

@Túrelio: Could you enlighten me on this? I first thought, using image in articles' infoboxes are considered as non-commercial. So I'm a bit confused since files like this have survived for a long time, yet this photo and the photos I uploaded are from the same website. Thanks! Engr. Smitty (talk) 11:27, 6 January 2022 (UTC)

Please see COM:L. All material uploaded to Commons needs to be free for commercial use (wrt copyright; personali-rights is different matter). --Túrelio (talk) 11:29, 6 January 2022 (UTC)

So basically, you're saying that every file at Category:Images from the Philippine News Agency are also not allowed? Engr. Smitty (talk) 12:25, 6 January 2022 (UTC)

Same problem with:

• File:Ceres Negros FC vs Shan United FC.jpg
• File:Game 4 of the 2019 PBA Governors' Cup.jpg
• File:Barangay Ginebra San Miguel winning the 2019 PBA Governors' Cup Finals.jpg
• File:Sho Kimura and Merlito Sabillo.jpg

•  Comment (getting the liberty to comment despite my unwell condition). @Túrelio and Engr. Smitty: as per relevant provision at R.A. 8293 (see COM:Philippines#Government works), no copyright exists in any work from the Philippine government or any of its subdivisions or instrumentalities, but there is a need of permission if PHL Gov't works are to be exploited commercially. This issue has been debated many times in the past, leading to two different perspectives (enwiki treats this as unfree violating the definition of free content, but Commons treats this as a form of COM:Non-copyright restriction). Also pinging @Howhontanozaz and Pandakekok9: .
• Re: PNA terms, I already emailed them (via info@pna.gov.ph) last November 2021 to obtain some clarification, as PNA claims copyright over all of their content (via 8th item of their terms and conditions page), despite the state news agency under government administration and ownership. Still I got no response sadly. JWilz12345 (Talk|Contrib's.) 13:14, 6 January 2022 (UTC)

• This resource from IPOPHL may help: 2020 Implementing Rules and Regulations regarding Philippine governmnet works by the Intellectual Property Office of the Philippines (via Google Drive), and see if government entities like PNA are eligible for no copyright exception. JWilz12345 (Talk|Contrib's.) 13:17, 6 January 2022 (UTC)

• I'm of the opinion that the non-commercial use provisions in government works are non-copyright restrictions only applicable to Philippine residents, and therefore doesn't contradict our licensing policy. As for the PNA, this one is pretty tricky. 176.3 of RA 8293 allows the government to receive assignments of copyright and hold on to it. PNA receives outside submissions with the condition that copyright is transferred to them. Most photos in the PNA don't seem to be taken by government employees, and the PNA doesn't explicitly disown copyright on submissions. As long as the PNA, IPOPHL, or any Philippine court doesn't bring clarity on this issue, we might have to delete these as precaution... pandakekok9 02:59, 7 January 2022 (UTC)

  @Pandakekok9, Túrelio, Engr. Smitty, and Howhontanozaz: another terrible discovery today. Also pinging @Clindberg, Hariboneagle927, Seav, and Sky Harbor: . On News and Information Bureau's (NIB) website about PNA, it is stated as follows:

  All contents of this site are protected by Philippines copyright laws under Republic Act No. 8293, known as the Intellectual Property (IP) Code of the Philippines, and may not be reproduced, distributed, altered, published or broadcast for commercial use without prior permission from PNA and its mother unit, the News and Information Bureau (NIB).
  However, the public may freely use PNA news contents with proper attribution for personal use only particularly in disseminating latest articles for public consumption in social media such as Facebook and Twitter.

_JWilz12345 (Talk|Contrib's.) 09:08, 7 January 2022 (UTC)

• As uploader of the nominated files, I say just delete them. For the entries in the category I mentioned, I suggest deleting everything as well (unless there is explicit permission given by PNA to the uploader). Engr. Smitty (talk) 02:25, 15 January 2022 (UTC)

  @Engr. Smitty: files on the category need to be evaluated individually. Some of them come from government agencies or LGUs (like Batanes LGU for an image of Itbayat Church after an earthquake). Those may be OK. But those that have individuals as authors (whether employees of PNA or private citizens who submitted photos to PNA), COM:PCP may roll in. JWilz12345 (Talk|Contrib's.) 03:14, 15 January 2022 (UTC)

  Example: File:Itbayat Church 2019 earthquake.jpg, the author is the local government unit of the Province of Batanes. JWilz12345 (Talk|Contrib's.) 03:16, 15 January 2022 (UTC)

Yes I agree with that. I suggest deletion in a case-to-case basis, not just mass deletion, though that might be quite tedious for the admins. Engr. Smitty (talk) 03:42, 15 January 2022 (UTC)

---

Deleted: per nomination and discussion. Imho an "agency" of the government is not the same entity as the government itself. Therefore an agency can have their own copyright policy, as described on the website of PNA. --Ellywa (talk) 09:39, 24 May 2022 (UTC)