File:Lisbon, Portugal (Sharon Hahn Darlin) crocodilo.jpg

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Original file (3,926 × 2,608 pixels, file size: 6.51 MB, MIME type: image/jpeg)

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Description
Esperanto: Grafitio pri krokodilo
English: Graffiti image of a crocodile
Date
Source Lisbon, Portugal
Author Sharon Hahn Darlin
1st uploaded as the
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22,000,000th file in Wikimedia Commons

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attribution
This file is licensed under the Creative Commons Attribution 2.0 Generic license.
You are free:
  • to share – to copy, distribute and transmit the work
  • to remix – to adapt the work
Under the following conditions:
  • attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
This image was originally posted to Flickr by Sharon Hahn Darlin at https://www.flickr.com/photos/41980486@N07/7223604826. It was reviewed on 21 July 2014 by FlickreviewR and was confirmed to be licensed under the terms of the cc-by-2.0.

21 July 2014

Graffiti:

Portugal

Portuguese copyright law allows the use of works permanently installed at public locations. The law explicitly mentions buildings and sculptures as examples of such works (§75(2)q). "Use" includes taking a photograph of such a work and publishing it (§68). However, according to the Berne three-step test, the allowed uses must not conflict with a normal exploitation of the work, nor unreasonably prejudice the legitimate interests of the rights holder (§75(4)).

It is also required to identify name of the author, with no exceptions ("wherever possible", as per §76(a)).

See COM:CRT/Portugal#Freedom of panorama for more information.

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Possibly copyrighted in the U.S.

This work might not be available under a free license in the United States because it is based on an artwork or sculpture that may be protected by copyright under U.S. law. (Commons is hosted in the United States and as such, U.S. law is applicable.)
  • In the source country of the artwork or sculpture, taking photographs of such works permanently located in a public place does not generally infringe on their copyright, under a principle known as "freedom of panorama".
  • In U.S. law, there is no freedom of panorama for artwork or sculptures, and under the choice-of-law principle lex loci protectionis, U.S. courts might apply U.S. freedom of panorama standards to this work, rather than the standards of the source country. However, in practice, it is unsettled whether and how this approach would be applied in real-world U.S. legal cases involving freedom of panorama elements.
The current policy on Commons is to accept photos of artwork and sculptures that are covered by freedom of panorama in their source country. This policy may change in the future, depending on the outcome of community discussions and new case law.
This is not a valid license tag on Commons; this file must be usable under freedom of panorama in its source country or it will be deleted.

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Date/TimeThumbnailDimensionsUserComment
current22:31, 21 July 2014Thumbnail for version as of 22:31, 21 July 20143,926 × 2,608 (6.51 MB)Tuvalkin (talk | contribs)Transferred from Flickr via Flickr2commons

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