File:Ишеналы Арабаев.jpg

Renominated as a derivative of File:Prominent statesmen Abdykerim Sydykov and Turdaly Tokobaev, as well as educator and public figure Ishenaly Arabaev (1920).jpg, rationale:The photo is made not in Kyrgyzstan, but in Tashkent, Uzbekistan. Secondly, both {{PD-Uzbekistan}} and {{PD-Kyrgyzstan}} count 50 years not from the date of creation, but from the date of first publication. And now please find on the newspaper clipping at the same link the text in Kyrgyz: Eshenaly Arabayev, Turaly Tokbayev and Abdykerim Sydykov in Tashkent in 1923 (photo is now published for the first time). The newspaper issue is also specified: Culture of Kyrgyzstan. No. 51 (1351). December 17, 1992. Page 4. So, this photo is copyrighted till January 1, 2043 (1992+50). For other photos we also need the evidence of dates of first publication. The reason is that the information about repressed people was hidden in classified archives until the collapse of the USSR, that is, until 1992. @Jameslwoodward: Romano1981 (talk) 18:04, 19 September 2025 (UTC)

It would be worth checking the file’s license on this site; distribution is available under BY-SA 4.0. Incall ^talk 17:55, 2 November 2025 (UTC)

I do not understand. "in 1923 (photo is now published for the first time)" Was it first published in 1923 or 1992? .     Jim . . . (Jameslwoodward) (talk to me) 18:56, 20 September 2025 (UTC)

• In the absence of conflicting case law, we follow USA case law which has an image "made public" when it leaves the custody of the creator. We have been reserving "unpublished" for when we have a clear provenance that the image remained a photographic negative in the archive and was never seen by the public. The image has a copyright symbol, but it may be added to every image, no matter the actual legal status, as many museums and archives do. See 90 examples at Category:Copyfraud. Photo is now published for the first time may only mean that the image is appearing in a newspaper or magazine for the first time, not that the image remained as a negative after creation. --RAN (talk) 23:45, 20 September 2025 (UTC)

1. I'm not sure if I can completely trust the newspaper's statement about the first publication.
2. What do we mean by "first publication"? Most likely, the original photo/photocopy at the time of publication in the mentioned newspaper was kept in the state archives of the former USSR countries, from where a photocopy was obtained through a request. There is a photograph (КР БМ КФФДА № 0-54901) of interest in the fund of the Central State Archive of Film, Photo, and Sound Documents of the Kyrgyz Republic. Such a photos could have ended up in some album, collection, or otherwise be accessible because it depicted government and party figures. There are many collective photographs of revolutionaries, committee members, etc. Some photos were attached to personal files and so ended up in the state archive. Again, somehow this photo also got into the state archive.
As indicated in the works devoted to the formation of Soviet copyright, the period from the revolution to the copyright decrees of 1925–1928 was a transitional period (1917–1925), because:
- The Russian Empire's copyright regulations have been terminated;
- In 1917-1920, nationalization decrees were passed concerning intellectual property;
- The Civil Code of the RSFSR of 1922 did not regulate copyright relations.

Thus, we come to a legal vacuum during this period. As @Richard Arthur Norton (1958- ) noted, in this case it is advisable to follow the US case law which has an image "made public" when it leaves the custody of the creator.

It is also worth noting that paragraph 9 of the Declaration on the Fundamentals of Copyright (1925):

9. The term of use of copyright in photographic works is set for individual photographs at three years, for a collection of photographs – at five years.
In order for the photographer to retain the copyright to photographic images, a signature is required on each copy.: 1) the company or the name, surname and place of residence of the photographer or the publisher of the photograph and 2) the year of publication of the photographic work.

3. File:Trotsky, Lenin, Kamenev (1919).jpg There is also no the date of the first publication and the author. Delete it too?--Bosogo (talk) 17:37, 16 January 2026 (UTC)

File:Trotsky, Lenin, Kamenev (1919).jpg There is also no the date of the first publication and the author. The EXIF data gives ИТАР-ТАСС (ITAR-TASS) as author and says that it's a reproduction of TASS photochronics (Репродукция Фотохроники ТАСС). There are some special rules regarding the copyright of TASS photos, if I'm not mistaken.

The information in the EXIF data also says that this is a work from 1920 (even 1920-12), so I'm not sure why our file says 1919 instead. Nakonana (talk) 18:18, 16 January 2026 (UTC)

The file is a digital reproduction (made on a Nikon SUPER COOLSCAN 9000 ED scanner) of the original photo from 1920.
The original non-digital photo (1920) is in the public domain, according to the license on the file page. ITAR-TASS is the author of the digital copy (digital reproduction), as indicated in EFIX (he has no rights to the original photo, which is presumably in the public domain). Just a digital copy of a work in the public domain is not protected by copyright as I know. The file page describes the original photo, not its digital copy, so that the author is not ITAR-TASS. There is no information about the author. The creation date is not the date of the first publication.

{{TASS photographer}}:

Information reports (including photo reports), which was created by an employee of TASS as part of that person’s official duties between July 10, 1925 and January 1, 1956, provided that it was first released in the stated period or was not released until August 3, 1993 are in the public domain in Russia according to article 1281 of the Civil Code of the Russian Federation, articles 5 and 6 of Law No. 231-FZ of the Russian Federation of December 18, 2006 (the Implementation Act for Book IV of the Civil Code of the Russian Federation).

The photo was taken before 1925. @Nakonana Bosogo (talk) 22:27, 17 January 2026 (UTC)

• I see some reason in what you, Bosogo, say. However, we need some consistency in the project. If some picture has been deleted as having issues with copyright status, then either its derivative must be deleted as well or the question should be reconsidered and the original picture restored. Dear colleague Infrogmation, would you be so kind to take a look again at this story? Andrei Romanenko (talk) 19:33, 23 April 2026 (UTC)