Generally, these are straight copyvios and can be speedily deleted.
There is no general defence to copyright infringement of a printed
design that the design happens to appear on a can or a label.
See
http://commons.wikimedia.org/wiki/COM:CB#Product_packaging
Uncertainty can arise, though, where a design is old or is very similar
to an old design (eg the Marmite jar).
Also
Ets-Hokin v. Skyy Spirits, Inc., 225 F.3d 1068 (9th Cir. 2000)
can sometimes come into play, though does not provide the worldwide permission to copy any
label design that some would like.
What would help a lot is to have some well-defined way of recording against a kept image
the copyright rationale under which it is being kept.
Michael
Joe Szilagyi wrote:
Some of you may recall that about 5-6 (?) weeks ago we
had a slew of
deletion requests of beer bottles and cans. If my memory is correct,
virtually all of them were "keep" under the rationale that the images
didn't fall under fair use or copyright violations for our purposes.
There is a fresh DR on this today:
http://commons.wikimedia.org/wiki/Commons:Deletion_requests/Image:Pacifico_…
And another just closed as delete the other day. We have numerous
images that are ostensibly just, well, images of products:
http://commons.wikimedia.org/wiki/Image:Marmite-Guinness_edition.JPG
http://commons.wikimedia.org/wiki/Image:A_bottle_of_Budweiser.JPG
http://commons.wikimedia.org/wiki/Image:Stolichnaya.jpg
http://commons.wikimedia.org/wiki/Image:Stoli.jpg
http://commons.wikimedia.org/wiki/Image:Ursuswodka.JPG
This isn't specific to alcohol products, of course--just went for
those as they seem to be the topic of discussion. Should we be hosting
such images?
- Joe
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