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Welcome to the Village pump copyright section

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Uploading public documents to Wikimedia Commons

Hi, I am trying to upload some public documents that would add value to an existing wikipedia page. But I am stuck at the stage where I need to describe the license of documents. Because I don't know them. These documents were first published on a website; it was available to everyone to see/download. I downloaded them to my computer. After sometime, the website took those documents down, so it is no longer available. So, my intention is to make those public document accessible again to everyone by uploading them on a related wikipedia page. I am hoping that somebody can guide me how to upload the documents successfully. Thanks Tuxedo007 (talk) 16:58, 14 November 2024 (UTC)

Some general advice, if you don't know the copyright status, don't upload it. Also publicly available doesn't mean public domain. Which country are these documents from? What is the nature of these documents? Abzeronow (talk) 17:13, 14 November 2024 (UTC)

I concur with User:Abzeronow. Try to get the original source of the documents and take it from there. Martinvl (talk) 17:51, 14 November 2024 (UTC)

@Tuxedo007 what is the source of the files? If you provide it we could offer better advice, too. Bedivere (talk) 18:10, 14 November 2024 (UTC)

Or just link from here to the documents and someone can give you a more specific answer. But well over 95% of what is on the Internet is not eligible for Commons, because it is copyrighted and the copyright-holder does not offer a free license. Asking how you can license it legitimately is like asking how you can legitimately drive your neighbor's car. - Jmabel ! talk 20:49, 14 November 2024 (UTC)

I guess it's a Myanmar public document based on this comment of Tuxedo007. Out of the COM:Myanmar I'm not sure documents of the general elections are in the public domain, but they might be ("procedures, rules, directives, notifications, explanations from a ministry, government organisation or regional or state government"). Bedivere (talk) 01:06, 15 November 2024 (UTC)

Thank you all for replying. Yes, the documents are detailed election results of 2020 Myanmar general elections. It shows number of votes that each candidate received at each constituency in both union-level and state-level elections. Those data were made publicly available by the then-Union Election Commission as part of their election result announcement procedure. It was available for anyone to view or download freely. As you might probably know, the military staged the coup on 1 February 2021 claiming that there was a voter fraud without any concrete evidence. But both international and local election observers recognized and acknowledged 2020 Myanmar general elections as free and fair and that the results represented the will of the people despite some historical legal shortcomings. Since the coup, the military has been systematically destroying evidence of 2020 election results. One of them is taking down those publicly available detailed election results of 2020 general elections. And, the junta also installed a new Union Election Commission handpicked by them. Fortunately, I managed to download those detailed election results before they were taken away. So, my intention is to make those public data publicly accessible again and to uphold the validity of 2020 Myanmar general elections. These detailed results will also add value to the existing wikipedia page on 2020 Myanmar general elections and anyone who is interested in studying Myanmar elections. Could you all please suggest me how I can go about this mission of upholding democracy and respecting the will of the people of Myanmar? Tuxedo007 (talk) 13:18, 15 November 2024 (UTC)

I think they would be fine as they are "procedures [...] from a [...] government organisation" as per COM:Myanmar. But I'd rather have you upload one of these files (elsewhere, like on Google Drive) and link it here so we can provide a better and final opinion. Bedivere (talk) 15:30, 15 November 2024 (UTC)

Hi. Here is one of the documents that I like to upload on wikipedia. When I try to upload it on Commons, it asks me about the copy rights questions which I do not know how to answer. Thanks in advance! Tuxedo007 (talk) 10:40, 17 November 2024 (UTC)

They are in Burmese. Tuxedo007 (talk) 10:41, 17 November 2024 (UTC)

Please allow access to the file! Bedivere (talk) 18:23, 18 November 2024 (UTC)

Sorry. would you mind trying the link again? I also paste the new link here. Tuxedo007 (talk) 08:26, 19 November 2024 (UTC)

File:Dingeldein Familienwappen mit Stammdaten.png

Wir haben hier schon eine Entscheidung, die Datei zu behalten; aber ich kann sie nur bedingt nachvollziehen. Die Historie des Hochladers zeigt, dass da auch schon mal was gelöscht wurde - wohl auch wegen Copyright etc. Zweifel sind daher nicht ganz unbegründet bzw. das bei der Behaltensentscheidung vorgebrachte Vertrauen nicht bedenkenlos hinzunehmen. Siehe https://commons.wikimedia.org/wiki/User_talk:Jakobo GerritR (talk) 21:54, 15 November 2024 (UTC)

You began the discussion. The uploader responded the next day. The discussion was open for three months. You added nothing to your original statement. It's really a bit late to respond now. - Jmabel ! talk 21:03, 16 November 2024 (UTC)

Für die Frage, ob man dem Hochlader bedenkenlos trauen kann, ist das aber ziemlich egal.--GerritR (talk) 11:01, 17 November 2024 (UTC)

@Abzeronow: you closed the discussion in question. Anything to say beyond what I said? (I take it GerritR did not contact you directly before discussing here.) - Jmabel ! talk 21:44, 17 November 2024 (UTC)

Geht es hier um das korrekte Benehmen von mir oder um die Sache?--GerritR (talk) 21:55, 17 November 2024 (UTC)

No, I was not contacted. The uploader promptly answered that the work was their own work, and the uploader doesn't have a history of copyvio, and the drawing and text appear plausible as own works. I would need evidence that this is a copyvio. Abzeronow (talk) 21:55, 17 November 2024 (UTC)

About history of copyvio - we have at least one probable case: https://commons.wikimedia.org/wiki/User_talk:Jakobo GerritR (talk) 20:58, 20 November 2024 (UTC)

File:TreubergWappenBunt.JPG was deleted because it lacked a machine-readable license. Abzeronow (talk) 21:09, 20 November 2024 (UTC)

IMAGE

Is Figure 1 image in the following webpage a Wikipedia image? (https://www.nataliescasebook.com/tag/cardiovascular-reflexes). I have tried to find out from the author of this article without success. If the image is a Wikipedia image, I would be grateful if you were able to please send me the webpage details on which it appears so that I may acknowledge its source in my work. Thank you for your assistance. Jennifer Jilowry (talk) 06:22, 17 November 2024 (UTC)

 Comment It doesn't seem to be an image from Wikimedia Commons, but there is a copy on [1]. Yann (talk) 11:10, 17 November 2024 (UTC)

Thank you for your prompt and helpful reply. 2001:8003:8403:1E00:D855:A09A:A777:2CD8 12:06, 17 November 2024 (UTC)

The website https://caringmedical.com/prolotherapy-news/hrv/ does directly attribute it to Natalie's Casebook and acknowledge their permission to use the drawing. So it does seem like they could be the original source. Felix QW (talk) 07:40, 22 November 2024 (UTC)

Many thanks Felix. 2001:8003:8403:1E00:5806:8CD3:1C34:C380 13:03, 22 November 2024 (UTC)

Documents from the Arolsen Archives

See related discussion: Commons:Village pump/Copyright/Archive/2015/02#URAA on WWII photos of Nazi extermination camps

Currently there is uploaded many documents from Arolsen Archives (previously International Tracing Service - ITS) in Bad Arolsen, Germany - about Nazi collaborates and Nazi victims of World War II.

details

• Terms of Use

  Publications
  Documents for which the originals are located in the Arolsen Archives can be published without obtaining separate publication approval, but the Rules for Data Processing by the Arolsen Archives and the Format for Citing Documents from the Arolsen Archives must be observed. If the publication concerns copies, the originals of which are not kept in the Arolsen Archives, publication approvals are to be obtained from the places where the original documents are kept. When publishing personal data, users are required to use such data responsibly and lawfully and must comply with the General Data Protection Regulation (GDPR) the data protection regulations that apply to their country. The Arolsen Archives do not assume any responsibility for publications by users and/or third parties which appear as a result of the use of their collections.

• Rules for Data Processing
• Format for Citing Documents
• Risks and opportunities of an online archive:

  What did the Arolsen Archives do to make sure the online archive does not violate personality rights or copyrights?
  The Arolsen Archives are not subject to national data protection directives, but to the provisions of the International Commission which decided that online publication with a 25 year term is appropriate.
  The Arolsen Archives also comply with the data protection provisions of the EU General Data Protection Regulation (GDPR). These stipulate that the right to the protection of personal data must be examined with regard to its social functions and must be weighed up against other basic rights in accordance with the principle of proportionality. The processing of personal data for archival purposes (including the publication of the data) is permitted under certain conditions. “Recital 158” in particular is important for the online publication of documents from our archives:
  “Public authorities or public or private bodies that hold records of public interest should be services which, pursuant to Union or Member State law, have a legal obligation to acquire, preserve, appraise, arrange, describe, communicate, promote, disseminate and provide access to records of enduring value for general public interest. Member States should also be authorized to provide for the further processing of personal data for archiving purposes, for example with a view to providing specific information related to the political behaviour under former totalitarian state regimes, genocide, crimes against humanity, in particular the Holocaust, or war crimes.”
  Thus legislators have recognized that data related to Holocaust and genocide have a particular social relevance: their publication can support finding the truth and remembering the victims. On the basis of this Recital and in consultation with their data protection office, the Arolsen Archives derive their authorization to also make documents containing personal data available in the online archive.

Thus, if I am not mistaken, this can be considered that these documents are in the public domain (with requirement on providing of Digital Document Number)? If I want to make a separated license marker template for this archive, do I need to rely on {{PD-GermanGov}} or {{PD-EU-anonymous}} or some other template? --Kaganer (talk) 20:04, 17 November 2024 (UTC)

@Rosenzweig: @Gnom: pinging two of our German copyright experts. Abzeronow (talk) 20:25, 17 November 2024 (UTC)

Hello @Kaganer, we can actually ignore everything that any of the terms on the website are saying, and need to make our own individual assessment for each of the files that are being uploaded. This means that we need to individually determine the identity and life span of the photographer/author, or the duration of the statutory terms for any anonymous works. This is because the Arolsen Archives do not hold any own rights in their holdings. (I know it sounds a bit weird when I am telling you to actually ignore all the seemingly important legal texts on the website, but that's actually how copyright law works.) --Gnom (talk) 21:25, 17 November 2024 (UTC)

This is not my first day on Wikimedia Commons, this approach is familiar to me. When I said "archive documents", I mean questionnaire/recordsheets with or without personal photos. The photos in these documents are anonymous "document photos" (in 99% cases). We can further refine the wording so that it doesn't apply to other types of photos. So, I suggest that in this thread we do not individually determine the identity and life span of the photographer/author," and discuss the entire class of such documents. --Kaganer (talk) 21:57, 17 November 2024 (UTC)

Maybe it would help if we could pick two or three specific files that we should discuss here to avoid any misunderstandings. For example, File:Emmerich Wenger Dachau Arolsen Archives.jpg is {{PD-text}}. Gnom (talk) 22:13, 17 November 2024 (UTC)

• 
  #1 - Text only
• 
  #2 - Text with personal photo
• 
  #3 - personal photo only (cropped from #2)

--Kaganer (talk) 22:20, 17 November 2024 (UTC)

See above. These documents may be created on territory of various contemporary countries, but firstly published in Bad Arolsen. --Kaganer (talk) 22:26, 17 November 2024 (UTC)

In most cases, these documents without picture are {{PD-ineligible}} (or {{PD-text}}). And please note that the author is not the Arolsen Archives. It is the Concentration Camp administration. For the pictures, I don't think {{PD-GermanGov}} applies, but {{PD-EU-anonymous}} definitely does. There is no doubt that these files are in the public domain in Europe. The issue will be, as for the previous discussion, the copyright status in USA. It should be noted that, among 285 files, there are only 7 files with a picture. Yann (talk) 08:28, 19 November 2024 (UTC)

among 285 files, there are only 7 files with a picture
There will be more of them soon, hence the question. --Kaganer (talk) 16:27, 19 November 2024 (UTC)

The file cards as such (without photos) should indeed be PR-ineligible or PD-text. The one photo we see above looks like a very standardized type of ID photo probably routinely taken in this camp for every inmate (see the number in the photo, which corresponds with the date when he arrived in the camp), probably even with some kind of simple fixed head rest to position the face. I could see such a very standardized photograph to be a "simple" German photograph (with a protection term of 50 years from creation), something we almost never use because the German courts at some point (already before the EU copyright reforms of the mid-1990s) had started to treat almost every photo as a photographic work (with 70 years pma). I'm not entirely sure though. @Gnom: What do you think about that? --Rosenzweig τ 12:19, 19 November 2024 (UTC)

@Rosenzweig: We need to careful here with intertemporal law, i.e. what was the copyright law at the time that the photographs were taken, and whether any later changes in the law were retroactive or not... Gnom (talk) 13:54, 19 November 2024 (UTC)

There is also two cases:

• 
  #4 A page with a photo from the displaced person's (DP) case file.
• 
  #5 personal photo only (cropped from #4)

This photo has not related with concentration camps and author is definitely not the Concentration Camp administration. --Kaganer (talk) 16:33, 19 November 2024 (UTC)

The text as such should be PD-ineligible / PD-text basically everywhere. For the photo, we need more information, specifically in which country it was taken etc. By German standards, I personally would hesitate to consider that one a "simple" photograph. --Rosenzweig τ 19:14, 19 November 2024 (UTC)

This is just an example of some homogeneous class of documents. We don't know (and cannot know) in which country such a photograph was taken. Specifically this document could have been created in occupied or post-war France or Germany, but the photograph could have been taken beforehand there or elsewhere. --Kaganer (talk) 20:47, 19 November 2024 (UTC)

In that case, don't upload such a photo per the precautionary principle, unless it is at least 120 years old ({{PD-old-assumed}}). --Rosenzweig τ 07:57, 21 November 2024 (UTC)

OK, thanks. --Kaganer (talk) 11:03, 21 November 2024 (UTC)

Restoration copyright of a 1903 short film

Can I get an opinion on a "restoration" copyright claim regarding File:Le Chaudron infernal (Georges Méliès, 1903).webm. The original is a 1903 hand colored film [2][3]. Our copy is a restored version, and according to This source link (see the last frame) there is a restoration copyright claim. I found This Commons discussion regarding film restoration and copyright, and according to the discussion, I very much doubt that there is much originality in our restored film, which means no copyright and public domain. I don't have much experience in copyright and hope someone with experience can opine on this. FYI, this came up in a featured picture nomination on English Wikipedia Here. Thanks. Bammesk (talk) 01:38, 19 November 2024 (UTC)

Unfortunately, this very much depends on the specifics of the restoration we are talking about. Gnom (talk) 09:12, 19 November 2024 (UTC)

Gnom, thanks for the reply. About the specifics, here are my two cents. Our copy has no music. Our copy is undoubtedly sharper and less noisy than the original 1903 film. These days removing noise and sharpening images (and video) can be done with relatively inexpensive software, such as the Topaz Labs software. That's what many participants at Commons:FPC use to improve images. I don't see much originality/creativity there. Also, our copy has vivid colors. Given the original film was hand-colored, I don't see sufficient creativity in redoing or improving the colors either. That's just my impression and I could be wrong. There could be more to it than I know. Again thanks for taking the time. Bammesk (talk) 03:44, 20 November 2024 (UTC)

In my opinion, there can be probably no valid copyright claim for a restoration that is merely technical and improves the quality. But opinions differ. And particularly those responsible for such a restoration will be quite eager to claim copyright, of course. A related recent discussion was Commons:Deletion requests/File:Nosferatu (1922).webm. Gestumblindi (talk) 18:52, 20 November 2024 (UTC)

The restoration copyright claim dates to 2018 [4]. I searched for a pre-2018 copy in order to compare the restored version with a non-restored version. The highest quality version I could find dates to 2015 at This link. Its scan quality is low, 480x360p. It doesn't show the fine details, but it does show the colors, frame sequence, and film length. I imagine a higher quality scan in 2015 would've produced finer details. I think this shows the restoration was technical, rather than original/creative. Bammesk (talk) 03:36, 21 November 2024 (UTC)

File:Khavtsgait Petroglyphs 01.jpg

Public domain? -- Basile Morin (talk) 04:23, 19 November 2024 (UTC)

Commons:Deletion requests/File:Khavtsgait Petroglyphs 01.jpg. Yann (talk) 07:52, 19 November 2024 (UTC)

File:Lehman-Tunnell Mansion from E. Grand Ave.jpg

I don't think File:Lehman-Tunnell Mansion from E. Grand Ave.jpg is licensed correctly. The source provided for the file isn't a US government website but rather a en:State of Wyoming website. The photo is also attributed to a Gladys B. Berry, but there's nothing stating that the photographer is an employee of the US federal government. Given that Wyoming isn't one of the US states which place works created by its employees as part of their official duties into the public domain,I'm not sure this should be kept as licensed, and it might not even be kept at all. -- Marchjuly (talk) 05:20, 19 November 2024 (UTC)

Indeed. Please create a deletion request. Yann (talk) 07:53, 19 November 2024 (UTC)

Please see Commons:Deletion requests/File:Lehman-Tunnell Mansion from E. Grand Ave.jpg. Yann (talk) 11:46, 21 November 2024 (UTC)

File:Donkey Kong Country Logo.webp

Hello. I am concerned that this image File:Donkey Kong Country Logo.webp exceeds the threshold of originality and is non-free. The source is from the Logopedia FANDOM wiki which is a database of logos, with disregard to status of copyright, and the image contains stylised text (stars in the O letters in the words "donkey kong" and a curve + gradient in the word "country".) which probably exceeds the TOO. This was on the enWP mainpage yesterday, which brought this image to my attention. I doubt the creator of this logo (nintendo) was gracious enough to put it under a PD licence too. I feel this file should be taken down (and maybe audit logopedia imports as a quick search here showed other stylised logos that may break commons rules like File:TFFNAF.png, File:Mario & Luigi - Brothership.jpg, and possibly File:XHTL FM SLP Logo.png and file:The More You Know 2022 logo.png) Draco Centauros (talk) 11:36, 19 November 2024 (UTC)

Under US law, I'm pretty sure it's fine. Stylized text is just text, and the US Copyright Office has rejected highly stylized text; e.g. [5].--Prosfilaes (talk) 17:16, 19 November 2024 (UTC)

Thank you for letting me know. Sorry for the late reply. Draco Centauros (talk) 09:50, 22 November 2024 (UTC)

What does "published" mean here?

Regarding photos photographed or scanned out of library special collections, private archives and such, what does "published" mean? I nominated a file for deletion based on Commons:Publication#United_States, but an administrator said Publication occurred when the picture left the photographer custody, and we usually consider such pictures as published unless there is an evidence for the opposite. I've carefully read the COM:Hirtle Chart and the meaning of publications as linked above and I haven't heard Yann's version of definition. I have also studied https://copyrightalliance.org/faqs/what-make-image-published-registration/ Graywalls (talk) 18:08, 19 November 2024 (UTC)

Pre-1978 publication is murky Commons:Deletion requests/File:Minerva Kohlhepp Teichert 1908.jpg but essentially "I will just summarize what she told me for my own future reference (since I assume you may be familiar with the argument)--basically that your argument comes from Granse v. Brown Photo Co, where the court ruled that selling a copy of a photo to the buyer of the photo constituted publication." Abzeronow (talk) 18:14, 19 November 2024 (UTC)

The photo in question is Commons:Deletion_requests/File:Frank_H._Buck_was_an_oil_tanker_of_the_Associated_Oil_Company.png, which was present online in 2008 or earlier

https://web.archive.org/web/20081121021828/http://caviews.com/Shipwrecks.html and says must obtain permission.

It was uploaded to commons in April 2024 as "public domain". The photographer who took the photo in question died 60 years ago. It seems like "California Views photo archives" which runs the website I linked above has the original. I don't know if this photo was ever sold during the relevant time. Graywalls (talk) 18:24, 19 November 2024 (UTC)

"5x7 Negative No. 71-001-0300" The uploader neglected this important piece of information. If the negative was never developed until recently, and was in the custody of the estate until 1978 or afterwards, we might have to go with the website being the first publication. Abzeronow (talk) 18:31, 19 November 2024 (UTC)

Looks like that user has uploaded quite a bit of photos from a historical society archive citing negative number that would not be public domain if they were not published. What determines they have been published prior to 1929 like the uploader claims? File:Mission San Francisco Solano Sonoma.jpg The description says "English: Mission San Francisco Solano Sonoma, California circa 1920, by Lewis Josselyn, CV # 71-001-0So 5x7 Film Neg. Date 1920 Source Monterey County Historical Society" Graywalls (talk) 21:01, 19 November 2024 (UTC)

If it's an old photo first published in 2008, with a known author, then we have to wait till 70 years after that author's death for it to be PD. And, as I understand it, if that 2008 publication was from someone other than the heir to the author's intellectual property, and without permission from the heir to the author's intellectual property, theoretically the person who published it could be sued, but for any image of known authorship still unpublished as of the end of 2002, publication after that date (authorized or not) changes nothing about copyright status. - Jmabel ! talk 23:20, 19 November 2024 (UTC)

@Jmabel would you agree that Commons is something people should be able to come and use contents with confidence? When things with questionable copyright is tolerated, it transfers the risk to the users of contents Graywalls (talk) 23:43, 19 November 2024 (UTC)

Two separate questions here: (1) should we delete it? Presumably yes, until it falls out of copyright, because of our precautionary principle. (2) Would reusing this image actually put someone at risk of being successfully sued? Almost certainly not, for a couple of reasons. It seems unlikely that the historical society in question actually owns the intellectual property rights, so they can't sue and their own publication was most likely a copyvio and copyfraud; most likely the actual inheritor of the intellectual property rights—quite likely two generations down by now—doesn't care. Further, the deep-pocket entities that would be the most likely potential targets for such a suit (because they are operating on a scale where there would be some meaningful damages to be shown) would presumably not rely on any third-party assessment of copyright status.

In short: we are probably dealing with something at least close to an orphaned copyright here, but our precautionary principle says we shouldn't host those. - Jmabel ! talk 00:13, 20 November 2024 (UTC)

I don't think it's quite "orphaned" https://www.montereyherald.com/2022/01/23/legacy-of-late-local-photographer-pat-hathaway-continues-on-at-monterey-county-historical-society/

when you look at the source cited by the uploader for File:Frank_H._Buck_was_an_oil_tanker_of_the_Associated_Oil_Company.png https://fineartamerica.com/featured/the-frank-h-buck-was-an-oil-tanker-of-the-associated-oil-company-and-was-427-feet-long-may-1924-california-views-archives-mr-pat-hathaway-archives.html?product=canvas-print it looks like they're trying to cash in bigtime on selling the prints. The photo only being offered on Common sat 944 × 631 seems to protecting business interest while letting photos available as a "catalog" and to bring attention to his work. If it's truly in the public domain, it doesn't make sense to not be made available at high resolution and we don't do low resolution "fair use" on commons. Graywalls (talk) 02:26, 20 November 2024 (UTC)

The glass plates, negatives and prints seemed to have been transferred from the photographer's widow to a collector in 1970. Since this was a negative, that still might not equal publication, and we don't know if Pat Hathaway also acquired the copyright or if that was retained by the photographer's estate. Abzeronow (talk) 19:17, 20 November 2024 (UTC)

I hear this argument of "US publication occurred as soon as the photographer did give the photo to someone" quite often, for example in Commons:Deletion requests/Files in Category:Found photos from the Thomas Hawk collection, but I'm still not really convinced by this (very convenient, of course) argument. Gestumblindi (talk) 19:04, 20 November 2024 (UTC)

@Gestumblindi If true, it should be documented in the Hirtle Chart and readily verifiable against a reliable source, but it's not. Graywalls (talk) 19:48, 20 November 2024 (UTC)

From the Copyright Compendium Chapter 9: Giving away copies of a photograph without further restriction constitutes publication of that work. . This probably comes from the older court definition (some circuits, not all) of "limited publication" as being publication to a limited set of people, for a limited purpose, and no right of further distribution. If any of the three parts of that were not satisfied, it was general publication. Giving away copies of a photograph without further restriction would fail at least the third part of that test, thus becoming general publication. (The Hirtle chart does not deal with questions like this, so no, it would not be there.) Carl Lindberg (talk) 05:23, 22 November 2024 (UTC)

Being pedantic: First, it says copies in the plural form - so there would need to be proof that multiple copies were given? And where lies the burden of proof for "without further restriction"? In most cases in deletion discussions here on Commons where people argue for keeping photos with that argument, we know nothing at all about the specific arrangements between the photographer and those the photo was given to; in fact, as in Commons:Deletion requests/Files in Category:Found photos from the Thomas Hawk collection we do not even know for sure to whom the photo was given, if to anyone at all. People just make a lot of convenient assumptions. But doesn't this go against COM:PRP? As I wrote in that deletion discussion, I beg to differ. Giving photos to a family which intends to keep them in their family album doesn't necessarily amount to "giving away copies of a photograph without further restriction", in my opinion. Gestumblindi (talk) 09:58, 22 November 2024 (UTC)

It doesn't matter what the family intends, it matters what restrictions were put on it. I don't see any evidence that works that were intended to end in family albums were ever treated with the care required to preserve copyright in those times. COM:PRP doesn't require us to reject everything on a largely theoretical risk that it might be copyrighted.--Prosfilaes (talk) 22:34, 22 November 2024 (UTC)

Even this really isn't clear-cut, because courts have applied the "without further restriction" element inconsistently. And in the two most famous cases on "limited publication" (which does not result in divesting copyright), the copyright holder placed no explicit restriction on the recipients making copies; the copyright holder really just assumed that they wouldn't (Academy of Motion Picture Arts and Sciences v. Creative House Promotions, Inc. and The Estate of Martin Luther King, Jr., Inc. v. CBS, Inc.).

More fundamentally, the whole doctrine of limited publication developed in US courts as a judicial reaction against the harshness of the law as it stood and that it was all too easy to divest copyright when that wasn't the copyright holder's intent. (Nimmer on Copyright -- the definitive work on US copyright law -- makes this point, and the same point is made in the decision in The Estate of Martin Luther King, Jr., Inc. v. CBS, Inc.).

I feel that many discussions here on the Commons of pre-1989 US images rely on a really unfortunate combination of precisely the kind of draconian interpretation of "publication" that courts have generally sought to avoid, and on some really wild assumptions about how and when a photographer was handing out prints.

I'll add that our practices on the Commons have also not kept up with the explosion of archival material available online in the last couple of decades. Until relatively recently, questions about how and when an old image might have been published in the traditional sense -- books, magazines, and newspapers -- could only be resolved with access to a very large research library. Today, a very large chunk of America's publications are available online to anyone prepared to pay for access, as well as a large and growing number of archives held by private and public institutions. Instead of assuming the publication history of old images, we can now research many of these cases. Just because it's difficult and/or time consuming and/or expensive are no excuses. And COM:ONUS says that this effort should be borne by the uploader or anyone arguing to keep. The kinds of assumptions that might have been justified (or, at least, more forgivable) 10 or 20 years ago really aren't justifiable now. --Rlandmann (talk) 00:32, 23 November 2024 (UTC)

Draconian interpretation? How about the law as written, that generously made it much easier to secure a copyright than a patent, merely requiring the would-be copyright owner to properly notify the public of who owned the copyright and when the term of copyright started?

"Just because it's difficult and/or time consuming and/or expensive are no excuses." Then nothing has changed; there's very few archives in the world where enough money won't buy you or your agent access. If you want Commons to be better, more comprehensive, you're welcome to access those archives, but don't imagine it's suddenly feasible for anybody without huge amounts of time and money. Nor do I think much has really changed; the origins of most of these pictures has fallen down the memory hole, especially fine details like who gave what to who. Heck, even details like rights to works in Dragon Magazine, a magazine starting in the 1970s, are lost with the death of the drives the contracts were stored on. A random photograph from 70 or 100 years ago, with no commercial value? Nobody knows who gave what to whom, and with what restrictions.--Prosfilaes (talk) 02:28, 23 November 2024 (UTC)

In the notes to section 17 USC 106 of the 1976 Act, it notes that despite the plural term, it can apply to a single copy: The references to "copies or phonorecords," although in the plural, are intended here and throughout the bill to include the singular.[6]. And the original is also a "copy". In earlier laws, not sure it was explicitly stated. However, loss of copyright I think always has required actual distribution of copies without notice -- something that got technically published but without actually distributing copies, would not lose copyright. Yes, copies distributed between family members most likely would not be publication. If there was some implied restriction on further publication when giving it out, or maybe to just a couple of close friends, then also probably not. Not sure there is a bright dividing line, but when copies leave the control of the photographer or at least their family, you'd have to look at the circumstances of that. The more copies and the further away from the photographer they get, the more likely they could be considered published, unless there was some form of limitation on further distribution. I too would be leery of family photo albums -- those can be complicated, for sure. Carl Lindberg (talk) 02:00, 23 November 2024 (UTC)

It should be noted, on the same page of the Compendium: "A work is considered unpublished if the copies or phonorecords were not distributed to a member of the public, but instead were much more restricted, including an exchange between family members or social acquaintances." Toohool (talk) 23:08, 22 November 2024 (UTC)

Logo de UAC Rusia

Buenas administradores, se puede publicar el logo de United Aircraft Corporation como esta ,si es un logo simple se puede publicar?? AbchyZa22 (talk) 08:23, 20 November 2024 (UTC)

@Glrx:any opinion?? (Google translator) AbchyZa22 (talk) 23:46, 23 November 2024 (UTC)

Linked page won't load for me. - Jmabel ! talk 02:08, 24 November 2024 (UTC)

Nor for me. Chrome says "This site can’t be reached", "www.uacrussia.ru took too long to respond" and "ERR_CONNECTION_TIMED_OUT".   — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 02:14, 24 November 2024 (UTC)

@Jeff G.,@Jmabel:look this? AbchyZa22 (talk) 06:55, 24 November 2024 (UTC)

Commons:Copyright rules by territory/Russia dice que falta una regla clara para el umbral de originalidad en Rusia. Claramente el logo https://1000logos.net/wp-content/uploads/2023/05/United-Aircraft-Corporation-Logo.jpg sería bastante simple para los EEUU, per ¿para Rusia? No tengo idea. - Jmabel ! talk 07:07, 24 November 2024 (UTC)

@Yann: Question any opinion? (google translator) AbchyZa22 (talk) 09:54, 24 November 2024 (UTC)

Hurricane Ian Pre-Position Camera - PD-automated or Copyrighted?

When Hurricane Ian was set to make landfall in Florida, a storm chaser, Max Olsen, pre-positioned a webcam to capture the effects. The full 10-hours of footage captured by the webcam can be seen in this YouTube video. In the description, Max Olsen stated, "I felt it was important to finally release the full, unedited surge probe video, which confirmed the only human interaction involved in this process was the downloading and uploading of the full footage.

That said, in the video description, Mr. Olsen states, "NOT FOR BROADCAST OR RE-POST Contact [EMAIL Address] to license footage". As with other weather-related photographs and/or videos, there have been a ton of confirmed instances of either (1) license laundering or (2) the actual selling of public domain content. {{PD-NWS}} with the subsequent RFC deprecating it + the review of thousands of weather photos, several hundred of which have or are currently in deletion requests prove those two points exist within the broadcast meteorology community.

So, with that being said, would this footage, which was captured by a pre-positioned camera, actually be copyrighted or would it be free under {{PD-automated}}, given Mr. Olsen confirmed that the only interaction present was that of downloading/uploading the footage to YouTube? WeatherWriter (talk) 15:15, 20 November 2024 (UTC)

Max Olsen has the copyright. He used his judgment to position the camera to capture the storm surge. Why shouldn't society reward him for that effort? We are not talking about medical Xrays where there is little room for creativity. License laundering is taking somebody else's work and attaching a false license; I do not see that here. Glrx (talk) 16:36, 20 November 2024 (UTC)

Max Olsen did not take the video himself and just left a camera there. Why is that any different then a CCTV camera on a highway? P.S., ignore the license laundering aspect I mentioned above. That was mentioned specifically because editors on the Commons have discovered that occurring. The key aspect is that 2nd point of the selling of public domain content. After 2 separate deletion reviews (August 2024) the File:A tornado funnel is shown moving through Xenia.jpg, (amid a very large and long RFC investigation of weather-related photos), we have several instances of companies selling public domain content, which they are allowed to do. For instance, that file above is being sold by the Associated Press for up to $495. However, a ton of investigations later determined it is a public domain photo. That isn't the only one of its kind either. So, in fact, Max Olsen may be selling the content, despite it being possibly in the public domain.

That is why I brought the question here. Anyone is allowed to do anything they want with public domain content, so my question still remains: Does this actually surpass the originality threshold, despite this basically being a CCTV camera? The aspect of selling it, bluntly, is irrelevant, given everything that RFC has discovered in the several thousand weather-related photo review that has/is still occurring, as anyone can claim they own the copyright to anything. WeatherWriter (talk) 16:56, 20 November 2024 (UTC)

Max Olsen has the copyright. He did not make and publish the video without an explicit copyright notice in 1974 when copyright laws required such notice to obtain a copyright in the first place. Olsen did not post his video to a website whose terms of use forced him to donate his rights like the single NWS website. Olsen did not replace his doorbell with a Ring camera (giving him little discretion in siting the camera) that by chance caught the storm surge at his doorstep. Olsen is not a state or federal employee who installed a government-owned camera to watch a government-owned highway. That a handful of people have perpetrated copyfraud does not prove that all people (and particularly Olsen) commit copyfraud. Your position about unattended cameras is troubling. Olsen set up his camera to catch a coming event; it was not sitting there for years and just happened to capture the surge as it came by. Olsen used his judgment. Using your logic, anyone who set up a timelapse camera to watch a flower blossom would not own the copyright because she was not there to snap the shutter. Society chooses to reward that effort. You were free to set up your own webcam and capture the same storm that Olsen did. You would then have been free to do a CC0 dedication of your footage, but that does not mean Olsen wants to release his footage. Glrx (talk) 18:20, 20 November 2024 (UTC)

So what the heck is {{PD-automated}} for? Can you explain the clear difference of why something like Max Olsen's video is not PD while File:Andover Tornado, April 29, 2022, City Hall East Camera.webm is? Both are pre-positioned cameras, so in theory, both fall under {{PD-automated}}. However, you are saying Olsen's video does not fall under it. So please explain why. WeatherWriter (talk) 18:31, 20 November 2024 (UTC)

{{PD-automated}} is untested in the United States. According to Threshold of originality#Pre-positioned recording devices there is no case law that holds automated cameras in the US do not have a copyright. Therefore, the PD claim is weak. It may also be overapplied — the knife cuts both ways: there are people who claim copyright when there isn't one and there are people who claim there is no copyright when there is. I believe the Copyright Office has stated that medical images such as Xrays do not get a copyright. The Andover Tornado image is public domain because it was captured by a subgovernment of Massachusetts. Even ignoring that issue, the Olsen footage planned to capture the storm surge. The Andover footage did not plan to capture the tornado.

So you believe that all time lapse videos cannot be copyrighted? All photos taken with a 15-second timer are PD because the photographer stepped away to get into the picture? That all prepositioned cameras lack elements of composition? That Olsen's video would have a copyright if he had just stayed with the webcam the whole time rather than retreating to safety? Olsen's attorneys would have a field day in a deposition.

Glrx (talk) 19:01, 20 November 2024 (UTC)

His work shows creative intent, which is part of what's lacking in PD-automated. He set up the camera for the shot he got. Security cameras are also continuous, running for years, and the parts under debate are usually short clips of events that just happened to be caught in that long stream. Here the author set up the camera for a limited period of time and caught what he intended to catch. I'd say it's certainly copyrightable.--Prosfilaes (talk) 21:11, 20 November 2024 (UTC)

• I concur with Prosfilaes -- the difference here is that Olson used his judgement and expertise to position a camera with the specific intention of capturing/documenting a specific event. This is an entirely different situation from ones where a static security or traffic camera is simply pointed in the same spot indefinitely and just happens to capture something interesting that crosses its field of view. PD-automated does not apply in this case. --Rlandmann (talk) 21:38, 20 November 2024 (UTC)

• The copyright of a photograph is based on several factors, such as the position, angle, and framing of the camera -- elements associated with the author. PD-ineligible comes from when those factors are basically obvious and decided for the author (such as a straight-on photo of a painting framed to the painting itself). The fact that the person was not actually holding the camera is not really relevant -- what matters is that the expression seen in the final work involves creative expression from a human author. In this case, the position, angle, and framing (at the least, and possibly other factors) was chosen by the human. It's the same copyright if the footage captured a hurricane, or 10 hours of normal waves -- the content is not what makes it copyrightable, since the human author had nothing to do with that. PD-automated is untested, and the CCTV and traffic camera wording is likely wrong. I have seen at least one CCTV recording get a copyright registration in the U.S., and a traffic camera would likely be very particularly positioned by a human and almost certainly be copyrightable. Carl Lindberg (talk) 05:18, 22 November 2024 (UTC)

Is this a valid permission?

File:Nettspend.webp Trade (talk) 23:54, 20 November 2024 (UTC)

• I wouldn't consider it so; it's not informed permission because we have no idea whether the creator understands the implications of what the license means and that it's irrevocable. (Unless, does this creator release other material under CC-BY? If so, then we can assume that they understand what they're agreeing to here...) --Rlandmann (talk) 01:42, 21 November 2024 (UTC)

  An reasonable person would normally be expected to look up the terms of a license before releasing their works under it, no? Trade (talk) 03:58, 21 November 2024 (UTC)

  • Arguably, yes. But in practice, the Commons takes a less harsh approach and minimises situations where people inadvertently agree to things they don't fully intend. That's why we have such a detailed (even formidable-looking) permissions template. Note how carefully we spell out the implications around commercial use and the right to modify their image, as well as making it clear that they can't reverse their decision. I have some recent personal experience of what a barrier this can be. Several times in the last few months, I've had creators seemingly willing to release material, but then ghost me once they see the template...

  I don't think being tricked or deceived is the issue here; it's really just making sure that people understand what they're agreeing to without expecting them to go off and do the work of understanding the license, especially when the whole concept of licenses and "copyleft" might be new to them. I come to it from the perspective of it's usually them doing us a favour, which I see as an obligation on our part to take more responsibility than just the bare minimum. --Rlandmann (talk) 04:49, 21 November 2024 (UTC)

File:Abraham Hamadeh 119th congress.jpg - Copyrighted?

Continued from Wikipedia, File:Abraham Hamadeh 119th congress.jpg was used on a few pages, which I've since reverted since it's unclear what exactly the copyright status is. It's been labeled as an "official" photo of the 119th United States Congress even though it hasn't yet been uploaded on Congress.gov or another official government website, since the 119th Congress has yet to start. It's only been uploaded on Representative-elect Hamadeh's newly-created "official" Twitter account, which leads me to believe that there may be an issue with copyright, and it might not yet be public domain (if it's the official photo in the end), since he's not officially a member of the U.S. government. AG202 (talk) 22:31, 21 November 2024 (UTC)

In the past we have used official images and I have also found this old discussion https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Anna_Paulina_Luna.jpg for Congresswoman Anna Paulina Luna's official image which the consensus was to keep the image in place. (You can also see that I was around during that and I didn't even remember me taking part of it!) Wollers14 (talk) 01:05, 22 November 2024 (UTC)

Thank you for pointing me to that, but it looks like it wasn't kept until after she was sworn in. Also, honestly, I don't see that strong of a consensus there on keeping the image before she was sworn in. I see a few comments saying to wait, with some other comments solely giving information. I'd hope that there'd be an official policy on this, hence why I brought the discussion here and not nominated the image for deletion. It's also not just the copyright issue for me, but also calling it the "official congressional photo" without it being posted on an official government website or social media from a current government official. It's also has the author of "Office of Congressman Abraham Hamadeh", even though that office does not yet exist. This would be helpful to explicitly clarify for future situations. CC: Participants in the aforementioned discussion: @A1Cafel, @Curbon7, @Connormah, @Mdaniels5757, @Reppop, @Putitonamap98, @Frodar. AG202 (talk) 01:20, 22 November 2024 (UTC)

Technically the offices do exist even in the physical format. I don't know about the House but Senators-elect are given temporary offices to prepare to be sworn in and take over official duties so they are technically some kind of official as they will also share caseloads of constituent work so it can be completed when the incumbent leaves office and the new member can take it over. As for the images if they were created by the House Creative Services I'd say it is public domain even if not posted by them because they give it to the member for them to use however they see fit such as their government websites when they are created. Wollers14 (talk) 01:31, 22 November 2024 (UTC)

Accuracy is of the utmost importance here so I'd like to see what others think of this specific scenario before making, though educated, guesses. AG202 (talk) 01:45, 22 November 2024 (UTC)

The file name used and how the file is described aren't really pressing issues for Commons, or at least not as pressing an issue as copyright status. The caption used on Wikipedia can always been worded to say whatever is encyclopedically correct. What matters most to Commons, in my opinion, when it comes to "PD-USGov" licenses is whether a photo was taken by a federal government employee as part of their official duties. The subject of the photo, where the photo was taken, when it was taken, which website it ends up being published, whether the subject has an official government office or an official government media account/website on aren't really that relevant because the subject of the photo isn't considered to be its copyright holder. You might argue the subject has personality rights, or the file should be renamed, but those things are unrelated to the file's copyright status. So, what needs to be determined is who took the photo, whether they're an employee of the US federal government and whether they did so as part of their official duties. If official photos of newly elected members of the US House of Representatives taken by the House Creative Services are considered "PD-USGov", then the photo should be OK s long as the subject of the photo states as much when posting it online; otherwise, the argument just seems to be that the subject of the photo isn't to be believed. -- Marchjuly (talk) 02:13, 22 November 2024 (UTC)

Ok so based on that I think some criteria should be established with these kinds of images when they are posted on social media. Feel free to add points I'm just throwing out suggestions out there. 1. The photo must look like one normally taken by the House Creative Services and 2. The photo is confirmed to be their official portrait by the member themselves. Wollers14 (talk) 02:19, 22 November 2024 (UTC)

I'd just like to point out that I participated in that discussion to say that someone didn't tag their image correctly which is why another, related image was deleted. Otherwise, I somewhat agree with Wollers14, in that there must be a confirmation that it was taken by House Creative Services and is an official portrait. As I recall from Commons:Deletion requests/File:Marjorie Taylor Greene.jpg and Commons:Deletion requests/File:Rep. Marjorie Taylor Greene official photo, 117th Congress.jpg, the image may as well be by a private portrait photographer, which isn't under {{PD-USGov}}. reppop^talk 04:38, 22 November 2024 (UTC)

So there's a way to tell if its done by the House Creative Services because they take their pictures the same way with details such as an American flag in the background and a blueish background along with it. Also to tell if it is by the House Creative Services it can be posted by the member elect on social media. The MTG example you provide was clearly not one done by the HCS as there is no Flag background or blueish back drop. Wollers14 (talk) 05:04, 22 November 2024 (UTC)

Both of those cannot give 100% clarity that the image is public domain. there was a period in a time when the House official photos were simply a blue background like File:Greg Lopez 118th Congress portrait.jpg. I don't think that there's a precise way to tell without A. the member being an official member of the government (so that we can assume that it's public domain) and/or B. it's been officially published on House.gov or a similar government-run website. In fact that second MTG photo deletion (also in a blue background with the American flag per archive) is very similar to the situation that we're in right now, and that's why I want to wait until we have official confirmation from House.gov (or a copyright release from the congressman-elect). Again, there's really no harm in waiting. AG202 (talk) 05:32, 22 November 2024 (UTC)

The Greg Lopez doesn't have an American Flag behind him nor the traditional blue backdrop. What I'm essentially saying is that you can use the flag and blue back drop to tell or you can email HouseCreativeServices@mail.house.gov for more information. In fact I'll email them to see if we can get answers here. I doubt that they will respond though. Wollers14 (talk) 07:04, 22 November 2024 (UTC)

That's a different photograph thing for Lopez, see File:Gabe Amo 118th Congress Official Portrait.jpg. I see it as a Cleark portait photograph, rather than an official House portrait but it's still under a US Government unit. The best way is for a website to actually host it with metadata, but we would just need to actually get confirmation that it's by a government unit. reppop^talk 08:14, 22 November 2024 (UTC)

The best way is to look at familiar details to other images of freshmen in the house such as the previously mentioned above. Also we can call or email the House Creative Services to confirm with them though I imagine it will be hard to talk with them since we are Wikipedia users Wollers14 (talk) 14:55, 22 November 2024 (UTC)

See Jameslwoodward's conclusion on Commons:Deletion requests/File:Marjorie Taylor Greene.jpg: "Most such images are taken by private portrait photographers because the subjects want the best possible image." If the photograph is hosted on a congressional website, or has metadata that says that it's by a photographer for House Creative Services, then its fine. We just need a way to find out if this is truly a House photograph. reppop^talk 18:56, 22 November 2024 (UTC)

Ahh thanks to both of y'all, but in that case, yeah if we can't get in contact with them and there's no metadata, then imho it's just best to wait and see. AG202 (talk) 19:33, 22 November 2024 (UTC)

You can reach out to them too just so you know the email is above and they do have a phone number that you can find online Wollers14 (talk) 21:20, 22 November 2024 (UTC)

Ok so I’ve reached out to the HCS and they said that best bet is to contact the member-elect’s office to verify but the lady I talked to who is one of their directors said that images done by the House Creative Services are public domain so the only way to verify is to contact the office of the member-elect and ask them. So I will reach out and ask Hamadeh’s office and see what I get from there.Wollers14 (talk) 22:23, 22 November 2024 (UTC)

Thank you for taking the time to do this, I do appreciate it. AG202 (talk) 20:43, 24 November 2024 (UTC)

So I also got a response to the email I sent from the House Creative Services and they are saying that the post by Hamadeh (They linked the post) is by them. So I think the image is fine to use. We good now here? Wollers14 (talk) 17:41, 25 November 2024 (UTC)

Then it should be fine. Maybe a statement that an email correspondence confirmed that it was by House Creative Services, maybe forwarding via COM:VRT but I'm not sure if that's really needed. reppop^talk 00:10, 26 November 2024 (UTC)

I don't think VRT accepts forwarded emails but perhaps a VRT member could clarify by asking at COM:VRTN. Anyway, even if one's not needed, it might be better to ask the consider sending one anyway because it would be on record if this thing comes up again with respect to another similar image. The HCS could actually word the email to cover not only this particular image, but other images it takes. This could possibly allow a specific copyright license template to developed for HCS images that could be used for its images. -- Marchjuly (talk) 00:38, 26 November 2024 (UTC)

Well I have the names of the people who responded to me. I'm sure they'd be willing to talk if you ask them. You will however probably need to use an email that looks like it came from a real person. I used my real name in my emails to them. Wollers14 (talk) 01:14, 26 November 2024 (UTC)

Dealing with reposts without attribution in the context of a deletion request (aka showing its mine, not theirs)

I uploaded an illustration in 2021 and it has been listed for deletion because some online store put it on its website without giving proper attribution. I was able to show via the wayback machine that their listing is from July this year only, but generally speaking what is the best way to go about it? I do not want to use watermarks, and I don't think that drawings contain any type of EXIF data that would help assert authorship. Any ideas? Aphis Marta (talk) 09:36, 22 November 2024 (UTC)

@Aphis Marta: you claim to represent Philip Morris International, a huge multinational company. You better verify your identity and relation with Philip Morris via COM:VRT otherwise all your uploads are likely to be challenged sooner or later. Günther Frager (talk) 20:51, 22 November 2024 (UTC)

Also: is this with reference to Commons:Deletion requests/File:Terea.jpg or something else? Please be as specific as possible when asking questions here. - Jmabel ! talk 22:59, 22 November 2024 (UTC)

DEGA MD question about copyright

Hi Dega MD, You have done a beautiful map of Philip's tetrarchy that I would really like to use in an article I am currently writing. But I have been working on this article for years and it will be submitted to a peer-reviewed, top-end, academic journal. These are not technically open to all; they are accessible by way of a subscription and a learned society. I myself am more than happy to circulate this work, but I have to sign a copyright agreement with the journal once/if the article is accepted. I will circulate my article once it is published to students and to any interested parties who wish to use it for research. That will be free. Do I have your permission to publish this map in my article? (Please say "yes.") Best wishes, Douglas Campbell Professor of New Testament Duke Divinity School 70.130.73.169 15:03, 22 November 2024 (UTC)

I presume this post is about User:DEGA MD's File:Philip Tetrarchy.svg.

That file has a CC-SA 4.0 license. You can use it in the journal by citing the license and giving credit to DEGA MD. It is a derivative work, so you may need to cite its underlying works.

The file is derived from DEGA MD's File:Herodian Tetrarchy political map.svg.

That file was derived from DEGA MD's File:Herodian Kingdom political map.svg.

That file was derived from DEGA MD's File:Herodian Kingdom topographic map.svg.

That file was derived from DEGA MD's File:Southern Levant blank topographic map.svg. The blank map sources its information from 3 sources.

I see no need to cite the intermediate works by DEGA MD, but you may need to decipher and cite the 3 sources for the blank topographic map.

Glrx (talk) 16:56, 22 November 2024 (UTC)

Does anyone know if the artwork depicted in File:Wikimedia Foundation hall blurred.jpg is under a free license?

Otherwise, it'd be a copyvio... We don't like those here... JayCubby (talk) 15:18, 22 November 2024 (UTC)

@Jdforrester (WMF): I would trust that a WMF employee would know enough about an artwork at the WMF office being sufficiently free to be uploaded here. Abzeronow (talk) 20:36, 22 November 2024 (UTC)

@Abzeronow: The original image is at File:Set Knowledge Free mural illustration.svg. Jdforrester (WMF) (talk) 22:02, 22 November 2024 (UTC)

Fotografía registrada en derechos de autor

Mi pregunta es ¿puedo subir una fotografía de un reconocido fotógrafo, con su autorización y que el envíe el correo al VRT y elegir una de las Creative Commons permitidas por Wikimedia Commons, aunque la foto esté registrada en Derechos de autor? Mibucu 07 (talk) 02:55, 24 November 2024 (UTC)

@Mibucu 07: Sí.   — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 02:59, 24 November 2024 (UTC)

@Mibucu 07: Sí, porque registrar una foto es un recurso legal para afirmar los derechos de propiedad intelectual sobra la obra. El poseedor de los derechos de autor puede licenciar sus obrar como se le plazca, por ejemplo con una licencia Creative Commons. Günther Frager (talk) 20:36, 24 November 2024 (UTC)

Is Comedian copyrightable?

Would an image of Comedian by Maurizio Cattelan be permitted on Commons?

An image of the "artwork" is marked as non-free on the English Wikipedia. However, there is absolutely nothing original about taping a piece of fruit to the wall. Another artist did sue Cattelan for copying a piece of art that comprised of a banana and an orange duct-taped to green panels, but the case was summarily be dismissed. Ixfd64 (talk) 21:41, 24 November 2024 (UTC)

@Ixfd64 I was thinking of the same thought yesterday (Philippine Standard Time/UTC+8) and was considering posting the question here.

Anyway, I found two articles that may be of relevance. In this article, the judge commented regarding threshold of originality: "While using silver duct tape to affix a banana to a wall may not espouse the highest degree of creativity, its absurd and farcical nature meets the ‘minimal degree of creativity’ needed to qualify as original." In this another article, the same judge also commented regarding the concept: "Regardless, the concept shared by the works, 'affixing a banana to a vertical plane using duct tape,' isn't protected under copyright law, according to Judge Scola." JWilz12345 (Talk|Contributions) 23:18, 24 November 2024 (UTC)

Somaliland copyright law

I'm confused about Somaliland's copyright law. The country is unrecognized and considered part of Somalia. Somali copyright law protects only registered works, but there has been no way to register copyrights there since 1991. So, how are intellectual works from either Somalia or Somaliland treated? Syrus257 (talk) 03:00, 25 November 2024 (UTC)

Like The "mainland" (or non-splitted) Somali, there's probably unable to register a copyright, so works from here might already be in public domain unless published outside of this country befor anyone's uploading. Liuxinyu970226 (talk) 09:05, 25 November 2024 (UTC)

@Syrus257: Please see COM:SOMALILAND.   — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 14:13, 25 November 2024 (UTC)

TOO Lebanon

Buenas administradores, con respecto al Threshold of originality en Líbano, estan usando los mismo pasos que en Francia porque Líbano era considerado un estado de Francia antes de su independencia necesito que algún administrador agrega el TOO en COM:Lebanon. AbchyZa22 (talk) 08:44, 25 November 2024 (UTC)

@AbchyZa22: See COM:TOO Lebanon.   — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 14:31, 25 November 2024 (UTC)

Uploader removed the NPD template I added

I added an NPD template to a file and the uploader removed it. I did substitute the template, like this:

{{subst:npd}}

Will someone be notified that they removed it? What's the best next step? The file is File:Murder of Kiaya Campbell.png.

Jeffrey Beall (talk) 14:55, 25 November 2024 (UTC).

Photo is currently the subject of a DR, so this is moot. - Jmabel ! talk 19:33, 25 November 2024 (UTC)