User talk:Ellywa
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Note about my deletions
If you think I made a wrong decision about deletion of a file, please think about your motivation and ask for undeletion on COM:UNDELETE. Another admin will decide on the matter. It is appreciated if you ping me, so I can get new insights. Thanks Ellywa (talk) 15:59, 17 July 2022 (UTC)
Permission pending
Hoi Elly, er lijkt iets niet goed te gaan met je uploads, zie hier. {{Permission pending}} is een uitgestelde verwijdernominatie, die hoort er niet meer op te staan zodra er een ticket in behandeling is genomen of goedgekeurd. Dit is de tweede keer in korte tijd dat ik hier toevallig tegenaan loop bij een upload van jou, dus ik denk dat het verstandig is dat je je recente uploads even naloopt. Jcb (talk) 22:38, 15 February 2026 (UTC)
Restore image?
You got this one in 2022, but it's PD now. If you could restore it, that'd be good. DS (talk) 15:32, 27 February 2026 (UTC)
- Hi @DragonflySixtyseven, thanks for your message. This file (and another of the same artist sv:Knut Anderson) were deleted based on Commons:Deletion requests/File:Afrikan och Afrikanska x Ingel Fallstedt.jpg. What I overlooked at the time, but was added by @De728631, is that these images are scans from a book, Svenskt konstnärslexikon. Of course, you can not see this information, but it is in the file descriptions which admins can read. As you can note here, the last part of this lexicon appeared in 1967, more then 50 years ago. As this photo does not show particular creativity, I think the photo can be undeleted because it is in PD based on {{PD-Sweden-photo}}. I would appreciate comment of De728631 - if still active on Commons. But what would you think?
- (BTW - I am ignoring URAA, as I usually do as a citizen of EU, but some URAA experts might see more problems).
- Kind regards, Ellywa (talk) 21:18, 2 March 2026 (UTC)
Foto ten onrechte herbenoemd
Hallo Ellywa, zojuist heb ik een foto van de Amerikaanse atlete Javianne Oliver ten onrechte herbenoemd naar Teahna Daniels. Ik krijg het echter niet teruggedraaid. Zou jij dit probleem voor mij kunnen oplossen? Bvd en groet,--Piet.Wijker (talk) 10:35, 2 March 2026 (UTC)
- Dag @Piet.Wijker, hier is ze weer: File:Javianne Oliver (USA) 2021.jpg. Geen idee of hiervoor speciale rechten nodig zijn. Hartelijke groet, Ellywa (talk) 21:23, 2 March 2026 (UTC)
- Heel hartelijk bedankt! Groet, --Piet.Wijker (talk) 07:26, 3 March 2026 (UTC)
Commons:Deletion requests/Files in Category:Boeing 767-300 of All Nippon Airways at Tokyo International Airport
Hi Ellywa, thank you again for your closing comment. I would like to clarify an important point about the concept of “incidentally included works,” because the interpretation used in this DR differs from how the term is defined under current Japanese copyright law.
1. Japanese law does not evaluate incidental inclusion based on the photographer’s intention In your reasoning, you concluded that the characters are not incidental because the photographer intentionally photographed a special‑livery aircraft. However, under Article 30‑2 of the Japanese Copyright Act, the photographer’s intention is not a relevant factor.
The law evaluates incidental inclusion based on the structural characteristics of the resulting photograph, not the subjective purpose of the photographer. The criteria are:
whether the included work is inseparable from the main subject,
whether it constitutes a minor component of the resulting photograph, and
whether the use unfairly harms the copyright holder’s interests.
This is exactly how the Agency for Cultural Affairs explains the provision in its official commentary.
2. Intentional photography can still qualify as incidental inclusion under Japanese law This point is crucial. Under Article 30‑2, even when a person intentionally photographs an object that contains copyrighted artwork, the artwork is still treated as “incidental” if it is structurally part of the main subject and remains a minor component of the resulting image.
This is not a rare exception—it is the normal application of the provision.
For example, the Agency for Cultural Affairs explicitly states that:
taking a photo of a child holding a stuffed toy is lawful,
even though the photographer clearly intends to photograph the child with the toy,
because the toy is structurally part of the scene and is a minor component in the legal sense.
The same logic applies to aircraft liveries. The artwork is inseparable from the aircraft, and the aircraft—not the artwork—is the legal “main subject.”
3. “Unfair prejudice” refers to market substitution, not visibility or resolution The “unfair prejudice” clause in Article 30‑2 concerns whether the photograph replaces the market for the copyrighted work itself. Aviation photographs do not substitute for licensed character artwork, which is why aviation magazines, news media, and commercial publishers in Japan routinely use such images without needing permission.
4. Commons policy and Japanese law are separate issues Commons may choose stricter internal rules for risk management. However, the DR framed the issue as a violation of Japanese copyright law, which is not accurate under the current legal framework—especially after the 2020 amendment that expanded and clarified Article 30‑2.
If Commons wishes to delete such images for internal reasons, that is a policy choice, but it should not be justified by an incorrect interpretation of Japanese law.
5. Updating COM:DM Japan would help prevent future misunderstandings I agree that COM:DM Japan needs revision. The current page reflects the law as it existed before Article 30‑2 was introduced and does not incorporate the 2020 amendment or the Agency for Cultural Affairs’ explanations. I would be happy to start a discussion on the talk page to help update the text.
Thank you for your attention, and I hope this clarification is helpful. Y.haruo (talk) 03:12, 5 March 2026 (UTC)