User talk:Steinschreiber

Welcome to Wikimedia Commons, Steinschreiber!

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-- Wikimedia Commons Welcome (talk) 11:08, 12 November 2016 (UTC)

Notification about possible deletion

Some contents have been listed at Commons:Deletion requests so that the community can discuss whether they should be kept or not. We would appreciate it if you could go to voice your opinion about this at their entry. If you created these pages, please note that the fact that they have been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with them, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Affected:

• File:2017 Davidoff rear-side with tax stamp.jpg

And also:

• File:2017 Gauloises rear-side with tax-stamp.jpg
• File:2017 American Spirit-rear-side with tax-stamp.jpg
• File:2017 Vogue without any Logo - rear-side with tax-stamp.jpg

Yours sincerely, Christian Ferrer ^(talk) 04:57, 9 June 2017 (UTC)

Today's deletion of my files https://commons.wikimedia.org/wiki/Commons:Deletion_requests/Files_uploaded_by_Steinschreiber

--Steinschreiber (talk) 16:10, 16 June 2017 (UTC) Hello Christian Ferrer, it seems I missed a deadline for entering my reasons why there is *no* need to delete this photos. Here is my reasoning for keeping this photos: (Could you undo the deletions? If not, what is missing in the following reasoning?

keep:

This discussion is *not* about if all photos of cigarette packs are allowed on wikimedia commons, but if *these* carefully chosen photos are allowed on wikimedia commons. It is important to mention that all these photos show on purpose the rear side of cigarette packs. *These* rear sides don't have any parts designed by the tobacco company which have a threshold of originality given.

Reasoning:

Regarding Product Packaging https://commons.wikimedia.org/wiki/Commons:Copyright_rules_by_subject_matter#Product_packaging there are only some very limited exception which allows the uploading: OK There are a some very limited exceptions: 1. Packaging which carries a printed design which is so insignificant as to be incidental. Such packaging can be treated in the same way as a Utility objects. See Commons:De minimis. 2. Packaging which carries only a printed design which is so simple as to be ineligible for copyright protection.

These exceptions listed above apply to these photos due to the following reasons:

Each photo consists of three parts:

1) tax stamp (in the right upper corner): The tax stamp design is *not* owned by the tobacco company, but is owned by the Federal Republic of Germany. see https://de.wikipedia.org/wiki/Tabaksteuer_(Deutschland) Therefor the tobacco company cannot have any rights on the tax stamp design.

2) health warning (picture and the text below the picture, covering 65% of the rear side): The health warnings / health warnings design is *not* owned by the tobacco company, but is owned by the European Union / Federal Republic of Germany. The tobacco company *cannot* chooses which health warning it wants to print, but this is regulated by law (see: https://www.gesetze-im-internet.de/tabakerzg/__6.html Gesetz über Tabakerzeugnisse und verwandte Erzeugnisse (Tabakerzeugnisgesetz - TabakerzG) § 6 Warnhinweise und Verpackung)

3) Area above the health warning not covered by tax stamp (i.e. upper right corner): According to German law (Verordnung über Tabakerzeugnisse und verwandte Erzeugnisse (Tabakerzeugnisverordnung - TabakerzV) § 14 Kombinierte Text-Bild-Warnhinweise bei Zigaretten, Tabak zum Selbstdrehen und Wasserpfeifentabak) https://www.gesetze-im-internet.de/tabakerzv/__14.html ) it is *not* allowed to place any brand names or logos above the health warning. The area contains only text and is below the threshold of originality and therefor is allowed to be shown on wikimedia commons according to the exceptions listed above (insignificant or simple design only)(erreicht keine Schöpfungshöhe).

Regards, --Steinschreiber (talk) 16:10, 16 June 2017 (UTC)