Wikipedia:Media copyright questions

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(For help, see Wikipedia:Purge)

How to add a copyright tag to an existing image

1. On the description page of the image (the one whose name starts File:), click Edit this page.
2. From the page Wikipedia:Image copyright tags, choose the appropriate tag:
   • For work you created yourself, use one of the ones listed under the heading "For image creators".
   • For a work downloaded from the internet, please understand that the vast majority of images from the internet are not appropriate for use on Wikipedia. Exceptions include images from flickr that have an acceptable license, images that are in the public domain because of their age or because they were created by the United States federal government, or images used under a claim of fair use. If you do not know what you are doing, please post a link to the image here and ask BEFORE uploading it.
   • For an image created by someone else who has licensed their image under the GFDL, an acceptable Creative Commons license, or has released their image into the public domain, this permission must be documented. Please see Requesting copyright permission for more information.
3. Type the name of the tag (e.g.; {{GFDL-self}}), not forgetting {{ before and }} after, in the edit box on the image's description page.
4. Remove any existing tag complaining that the image has no tag (for example, {{untagged}})
5. Hit Save page.
6. If you still have questions, go on to "How to ask a question" below.

How to ask a question

1. To ask a new question hit the "Click here to ask your question" link above.
2. Please sign your question by typing ~~~~ at the end.
3. Check this page for updates, or request to be notified on your talk page.
4. Don't include your email address, for your own privacy. We will respond here and cannot respond by email.

Note for those replying to posted questions

If a question clearly does not belong on this page, reply to it using the template {{mcq-wrong}} and, if possible, leave a note on the poster's talk page. For copyright issues relevant to Commons where questions arising cannot be answered locally, questions may be directed to Commons:Commons:Village pump/Copyright.

Boeing logo

Is there any particular reason why Boeing's logo is only here under fair-use? It doesn't really look that complex (just the word Boeing and what appears to be a planet), and I've seen more complicated logos that are on Commons. Narutolovehinata5 ^tccsdnew 19:35, 9 May 2013 (UTC)

The curve going across the globe and the tail fin are enough to tempt the line of originality, and so it is better for us to consider them non-free unless proven otherwise. --MASEM (t) 01:58, 10 May 2013 (UTC)

I agree. The image on the logo could plausibly ruled as worthy of copyright protection, so it's best to be safe. – Quadell ^(talk) 11:18, 14 May 2013 (UTC)

Commons has File:Boeing Sign.svg. You could use that one. It has never been taken through deletion review there so you may wish to do that to confirm it one way or another.--Canoe1967 (talk) 16:45, 19 May 2013 (UTC)

copyright of photographs of famous paintings

If I take a picture of painting do I own its copyrights ? On internet there are many beautiful paintings but most of them are not on public domain . So how to identify which can be uploaded onto wiki and which cannot? Another thing is that there are many famous paintings uploaded on wikipedia. These paintings are copyrighted. How did people manage to upload these popular paintings on wiki without copyright infringement? There are times when I check for the source they direct to some magazine or blog. is it right to use them on wiki? w— Preceding unsigned comment added by Michaeljackson56 (talk • contribs) 07:50, 15 May 2013 (UTC)

This is an important and tricky set of questions. First off, if you take a simple photograph of a painting that merely reproduces the painting itself, you do not create an additional copyright (meaning you don't hold a copyright on the photograph). So if you find a photo reproduction of a public-domain painting, the photo is also public domain. (Note that this does not apply if the photo is at and angle, includes the frame, includes someone looking at the photo, or has any other aspect that's not in the original painting. In those cases, the original painting is still in the public domain, but the additional choices and content may be copyrighted.)

Any painting first published before 1923 is not considered copyrighted in the U.S. We usually tag these with {{PD-US}}. In addition, any painting first published in the U.S. before 1978 without a © copyright notice prominently displayed are also in the public domain. We might tag these {{PD-Pre1978}}. There are a lot of different tags for different situations. It can take a good bit of knowledge and experience to determine whether a specific painting is copyrighted or not, but we're here to help with that. If you suspect that a specific image here is a copyright violation, feel free to ask us; just link to the specific image in question. All the best, – Quadell ^(talk) 11:27, 15 May 2013 (UTC)

There are two other possibilities beside public domain: On the one hand an original painting or (more likely) an authorized photograph of it may be licensed under a licence that allows reuse by anyone for anything; then it could be used on Wikipedia by citing the specific license. On the other hand Wikipedia can sometimes use non-free content without permission, such use is severely restricted; when this is allowed, photo has a non-free use rationale for each use, explaining how the use meets the restrictions. —teb728 t c 08:45, 16 May 2013 (UTC)

image copyright

Regarding the previous question, now if a pic is merely reproduced then we don't own the copyrights.But if the photo of painting/person is edited/manipulated(trimmed/cropped),do I own the copyrights then?And what about screenshot from a video/movie?If I don't own it then, do I own the copyrights after editing or manipulating them?And also the ,to find out the copyright status of a random pic on internet it is suggested that the pic can be send to you and it will be found out. But how do you guys find that out?Could you share your process? — Preceding unsigned comment added by Michaeljackson56 (talk • contribs) 06:57, 16 May 2013 (UTC)

As a partial reply: If you make a change that is sufficiently original as to warrant copyright protection (see threshold of originality), you have a copyright on your changes (see derivative work); so nobody can use your derivative work with out your permission. Note however that this does not abrogate the any copyright on the original work; so nobody including you can use your derivative work without the permission of the original copyright owner. And your changes may be a copyright violation if the original copyright owner does not permit derivative works. —teb728 t c 08:24, 16 May 2013 (UTC)

My answer may be long but may put it in a nutshell. Start with older first. Most works created 120 (1893?) years ago should be public domain. Works published before 1923 should to be public domain. Those created after depend on who created it, when it was first published and where. Most works created after the 1980s are copyright regardless of marking, registry or publication. Works between 1923 and the 1980s can vary widely as to copyright or public domain depending on whether they followed proper copyright procedures. If they failed to mark them between 1963 and 1977 then they are public domain. If you paint a simple moustache on a public domain work that may not be enough to protect your work with copyright. If you add a fancy hat then that should be enough to protect your modified work with a copyright. You need to look at the dates of the originals, sort the laws out from there, and then act accordingly. I hope this makes a little more sense.--Canoe1967 (talk) 08:56, 16 May 2013 (UTC)

What about the question regarding the screenshots?

exactly the same applies. Your screenshot is a derivative work so unles the movie is in the public domain, use of the screenshot cannot be covered by a free licence.

To answer your final point, nobody at wikipedia finds out the copyright status — that's your responsibility as the person seeking to upload the image. If you claim it is being used with the owners permission then a volunteer will check the information you have supplied to make sure it is accurate and correct but they do not conduct initial investigations. As a basic rule, assume any image you find on the internet is copyrighted unless is specifically states otherwise. NtheP (talk) 10:33, 16 May 2013 (UTC)

Basically. Unless it was created before 1893 or published before 1923 then you can't even upload an eyeball without proving it is public domain or you are the original creator (copyright holder). I think we won one with File:Nighthawks by Edward Hopper 1942.jpg, but the deletion review has yet to be closed. If you have the time you may wish to twist your head around that one. http://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Marilyn_Monroe_Playboy_centerfold_1953.jpg is one we lost when even the copyright holder chimed in to help us confirm it. That one is a twist of a different law because of the creation and publication differences.--Canoe1967 (talk) 10:56, 16 May 2013 (UTC)

Running with something mentioned in Canoe1967's response of 0856 above: I am considering introducing a version of perhaps the first published Hertzsprung-Russell diagram (at least, it is the oldest one I've been able to find), which were published in a 1914 issue of Popular Astronomy: the source is here, with the figures being on pages 285 and 288. With the 1914 publication date, my impression is that this would be OK in terms of copyright: before I make the final decision whether to do this, is this right? BSVulturis (talk) 21:52, 16 May 2013 (UTC)

http://copyright.cornell.edu/resources/publicdomain.cfm is the guide that commons links to most of its USA public domain licenses. I would say yes because it was first published in the US before 1923.--Canoe1967 (talk) 10:55, 19 May 2013 (UTC)

Good day,

I want to add images to my article on Wikipedia, but are trying to protect the photographs from being commercially used. What copyright licence can I use? — Preceding unsigned comment added by Lorinda63 (talk • contribs) 18:07, 16 May 2013 (UTC)

Unfortunately we do not accept image with a commercial restriction. We accept freely licenced image that anyone can use for anything, including commercial use, so if you are not prepared to allow that use we can't use them. You may however be prepared to release a low resolution image with a free licence and not make a higher resolution image freely licenced. I see that you have uploaded several freely licence images to the commons so wonder which images you are wanting to protect. Hope that helps. ww2censor (talk) 19:48, 16 May 2013 (UTC)

Review of non-free image for future uploads and certainty

I have uploaded File:ShashiKapoor.jpg.jpg. I request Admins to take review of this file to make sure whether all the details are correct as per WP:NON-FREE. Because I am going to upload images of few persons surrounding such circumstances and I don't want my images to be deleted in future for copyright violation or because of some other policy. Thanks. neo (talk) 12:36, 17 May 2013 (UTC)

I'm sorry to have to bring you bad news, but we can't use this image on Wikipedia. It's good that you want to upload photos here, and I understand our rules can be complicated. But Mr. Kapoor is still living, and so it should be possible for someone to take a new photograph of him and release that photo under a free license. That means that the photo you uploaded is non-free and replaceable -- replaceable because in theory a new, free photo could identify the actor. We therefore can't use a non-free photo of him on Wikipedia. – Quadell ^(talk) 13:14, 18 May 2013 (UTC)

If subject was beauty pageant winner in her twenties and if only free photograph available of her is taken when she was 90 year old in wheelchair, then according to your logic it is OK to use such free image for the article? BTW, this other actor Rajesh Khanna is deceased now but look at his free image. Do you think reader can associate this image with contents of the article? neo (talk) 14:07, 18 May 2013 (UTC)

There's already a free image in the article. Since the subject is a public figure who has recently made public appearances, the free image is an appropriate identifying image. Tenuously related hypotheticals are irrelevant. Hullaballoo Wolfowitz (talk) 14:42, 18 May 2013 (UTC)

There would have to be significant sourced discussion of a living person's younger/earlier appearance and how it impacted their career to allow a non-free from their earlier life to be used. Movie stars and the like are certainly to look better when they were younger, there's no question, but unless specific facets of their youthful appearance have been made by independent sources, the fact they looked better younger is implicitly taken for granted and non-frees can't be used. A case where we can make that exception is at Weird Al Yankovic who had a signature style which he was well-known for (established in sources) but then had LASIK and did other things to make himself over. The latter, we have plenty of free images of but his original look that established him, we do not, and because his original appearance is discussed in detail, a non-free is appropriate. --MASEM (t) 14:59, 18 May 2013 (UTC)

Wikipedia:Non-free content criteria does not state that non-free images of living people are not allowed. But Admins say we don't use non-free images of living people. If there is consensus, it should be written clearly in Wikipedia:Non-free content criteria policy. Admins, users should not argue in edit summary. Second query- Actor Rajesh Khanna is dead. His old age, ill health free images can't be equivalent to his youthful image and article is about his work in his youthful days. Will his non-free image be allowed to visually identify the contents of the article? neo (talk) 15:48, 19 May 2013 (UTC)

It says it at both WP:NFC as well as a specific case listed by the Foundation in the resolution. As for Rajesh Khanna, if there is sufficient sourced discussion that talks about his appearance in his youth in his career, a non-free can be used even though we have the free image already. --MASEM (t) 15:59, 19 May 2013 (UTC)

• The requirement in our policy is that for "retired individuals whose notability rests in large part on their earlier visual appearance". Given the fact this person wasn't an actor anywhere near the time of the free picture we have, I can't see how this wouldn't apply. In any case, sources like [1] make it plain has heck that his "boyish good looks" were key to his success. Given just how popular of an actor this man was _and_ how well covered his family is, there are a massive number of sources. Hobit (talk) 13:36, 23 May 2013 (UTC)

• The source doesn't say anything like that; the opinion piece, borderline blog, just refers to his "boyish good looks" in connection with his extensive experience and training. If we're going to allow nonfree images in any article where we've got any source that comments on the subject's appearance, we might as well just scrap NCF as it applies to people, living or dead. Hullaballoo Wolfowitz (talk) 13:51, 23 May 2013 (UTC)

(edit conflict)The exception is correct but that still means that all the criteria on NFCC have to be adhered to as part of the upload, and references need to be included into the text of the article to meet NFCC#8 and give the image it's contextual significance. If his career was started or furthered by his looks and this is supported by reliable sources then it's that discussion that give significance to using a non free image, otherwise it becomes decorative only. As part of this I think it is necessary to put some sort of date on the image (currently there isn't one) to assist with the context. NtheP (talk) 14:05, 23 May 2013 (UTC)

The Story of a Small Town

I have added a film poster and three different album covers of the singer Teresa Teng, which are significantly different from the poster. Which one must I remove if amount of images is too excessive? --George Ho (talk) 19:29, 18 May 2013 (UTC)

I would say all three should be removed since neither of them is being discussed in the article and cover art for identification is usually only allowed at the top of an article in the infobox. -- Toshio Yamaguchi 19:36, 18 May 2013 (UTC)

However, two (or four) songs were used in the film, while others were not. How would omission of all images not affect the quality of the article? --George Ho (talk) 19:38, 18 May 2013 (UTC)

One doesn't need to see cover art of an album containing the film soundtrack in order to understand the article about the film or even the section about the soundtrack. Clear violation of WP:NFCC#8. -- Toshio Yamaguchi 19:43, 18 May 2013 (UTC)

Well, I guess that these images are unneeded, as there is already an image of Teresa Teng. --George Ho (talk) 19:56, 18 May 2013 (UTC)

BTW, File:Teresa Teng.gif is being used in Mandopop and clearly fails NFCC#8 because there is no critical commentary about the image; it is just decoration. ww2censor (talk) 10:34, 19 May 2013 (UTC)

Citing documents on scribd.com as a source

Given that scribd.com has frequently been accused of copyright violations, what is the Wikipedia position regarding citing material from this website as a source? Do we assume by default that material is legitimate unless evidence to the contrary is given? Or do we assume that it isn't legitimate? I'm sure that this must have come up before, but can't seem to find anything that answers the question.

I suspect that there may also be a reliability issue regarding some scribd.com material - but that isn't really a question for this noticeboard. AndyTheGrump (talk) 16:28, 19 May 2013 (UTC)

Scribd.com is currently on the blacklist of urls, so citing anything from there with a live link won't work in the first place. From what I was able to track though, Scribd has mainly been blacklisted for repeated spamming and not so much for copyright issues. De728631 (talk) 16:46, 19 May 2013 (UTC)

I've found at least one working link to a scribd.com document: see reference 5 in Gabriel. Or am I misunderstanding something? AndyTheGrump (talk) 16:56, 19 May 2013 (UTC)

Apparently that link was added before the whole scribd domain got blacklisted. De728631 (talk) 20:27, 20 May 2013 (UTC)

You can't use a URL link to scribd, but you can use that information to track down the legitimate source and use that as the direct reference. You may end up not having a URL (the work only available in print, for example) but you'll have a legit reference to use. --MASEM (t) 23:08, 19 May 2013 (UTC)

Better source request for File:Cockpos.jpg

I have uploaded a new image with the usual material and I am still getting your message. Could you elaborate pleaee?Foofbun (talk) 23:01, 19 May 2013 (UTC)

If you got it from a web page, including a url to that webpage is appropriate to use here. --MASEM (t) 23:12, 19 May 2013 (UTC)

I expanded the "source" information and removed the bsr objection. Fixed – Quadell ^(talk) 11:18, 20 May 2013 (UTC)

Status of copyright Los Pianos Mecanicos (1965) movie poster

Hi,

I would love to see the movie poster in the Wikipedia article "The Uninhibited" (1965) corrected. The one shown there with the "peep show" et cetera is not right. I see a better one at <<http://miralabocas.blogspot.com/2010_04_01_archive.html>> listed under "Melina Mercouri". How can one tell if such images are copyrighted or not? Perhaps there is another image that is not copyrighted of this same movie poster? Please advise.

Cheers, Jesse Lynam — Preceding unsigned comment added by 4Scuffers (talk • contribs) 05:00, 20 May 2013 (UTC)

I agree. It looks to me like the image you link to is an earlier and more appropriate image than the one we currently use in the article The Uninhibited. Both movie posters are still under copyright. We can still use one (and only one) in the article under our non-free content criteria. If there are no objections, I will simply upload the better poster image over top of the current one. – Quadell ^(talk) 11:12, 20 May 2013 (UTC)

I've updated the image. Fixed

Also, to answer your general question, whether a poster is copyrighted or not depends on where it was first published. For any poster first published in Mexico, if the "author" (artist or photographer) died before 1952, then the poster is in the public domain. If the author died in 1952 or later (or if the author is still alive), then the poster is still held under copyright. But it's different for every country. – Quadell ^(talk) 15:58, 20 May 2013 (UTC)

That's only true in Mexico; in the United States, if it's not published before 1923, there's a good chance it's copyrighted. US law is what Wikimedia has to abide by and IIRC the only law that en.wp concerns itself with.--Prosfilaes (talk) 16:44, 20 May 2013 (UTC)

You're right that if a work was first published (anywhere in the world) before 1923, it's considered PD in the U.S., and we can therefore consider it PD on the English Wikipedia. (That's true whether the country of origin considers the work copyrighted or not.) But if a work was first published outside the U.S. in 1923 or later, then U.S. law considers the work to be PD in the U.S. if and only if it was PD in its country of origin on January 1, 1996. That's due to the URAA. So if a poster was first published in another country (not the U.S.), then if it was PD in its country of origin in 1996, then it's PD according to U.S. law. For posters first published in Mexico, these would include any where the artist died before 1952. – Quadell ^(talk) 18:37, 20 May 2013 (UTC)

Copyright status of photo of Naval Training Station graduation

A reader supplied a photo of the graduation of a Naval class, company 591, taken June 2, 1943 in Sampson NY. Photographer unknown. The photo is posed, so is likely to be the official photo of the event. Does this qualify as the work of a federal employee, or do we need to know more?--SPhilbrick(Talk) 12:26, 20 May 2013 (UTC)

We would need to be assured of the identify of the photographer to call it a federal work. That said, as a 1943 work, it would have also had to been registered within 28 years to retain its copyright today, which sounds like it is unlikely but that still needs to be checked. If more details on how the photo came to be (possibly using tineye.com) there might be some help there. --MASEM (t) 13:38, 20 May 2013 (UTC)

This is very likely {{PD-USGov-Military-Navy}}. If not, it would have to have been registered with the U.S. Copyright Office in 1943 and renewed in 1971, or else it would have lapsed into the public domain. I've searched through the comprehensive 1950-1977 copyright renewal database at Project Gutenberg, and I can't find any renewal info for "Company 591" or any navy class image from 1943. (Photographs like this were rarely registered, and even more rarely renewed.) I'd say you could tag it {{PD-USGov-Military-Navy}} with a note explaining why it would be in the public domain even if it were not a Navy photograph. – Quadell ^(talk) 16:09, 20 May 2013 (UTC)

That database is only for books. You'll have to check the scans at http://onlinebooks.library.upenn.edu/cce/ manually to find images about renewals for photographs.--Prosfilaes (talk) 16:46, 20 May 2013 (UTC)

No, the Gutenberg list is for all copyrighted renewals (except musical works) from 1950-1977. Perhaps you're thinking of the Stanford's Copyright Renewal Database (or Rutgers' version of the same list), which only include books? The UPenn list you linked to has the exact same list of renewals for 1971 that the Gutenberg list does, but it's not as easily searchable. At any rate, no Navy class photo was renewed in 1971. – Quadell ^(talk) 18:26, 20 May 2013 (UTC)

Thanks for the information and resources. One challenge with looking at a 30 file is that one cannot look at all entries, so you have to know what you are looking for or know how to search it. Obviously, if I get a hit, I have proof of copyright, but, as the saying goes, absence of evidence isn't evidence of absence. Am I right in assuming that one doesn't have to literally review every single item ant he data base individually, one has to make a good faith effort to search for the item, and if it does not turn up, one can make the assumption that the copyright wasn't filed? I did a search of the database, using the same search terms, as well as some others, and failed to find it listed, so I am planning to use the PD tag. I saw one person suggesting that the Gutenberg list was only for books, but a response that it does cover everything (except musical works), so I plan to assume that a review of the Gutenberg list is a sufficient review.--SPhilbrick(Talk) 12:02, 23 May 2013 (UTC)

acquiring a public domain image

If a woodprint was first published in 1805, can I grab a copy of it from a poster vendor's website? -- TRPoD aka The Red Pen of Doom 18:58, 20 May 2013 (UTC)

If a work was first published before 1923, then it is not considered "under copyright" in the United States, and it can be used on the English Wikipedia. – Quadell ^(talk) 19:11, 20 May 2013 (UTC)

To be clear, as long as the vendor's website has added no additional embellishment of copyrightable nature to the image, then as Quadell said, it remains PD and can be free. It is possible to take works in the PD and rework them in a creative way to create a new copyright, but this doesn't like it is the case. --MASEM (t) 20:01, 20 May 2013 (UTC)

Uploading a photo of my boss taken by a colleague

First, thank you for this forum. Second, I'd like to upload a photo owned by my boss and taken by a colleague. The colleague gave the photo to my boss with no restrictions, we've sent it off for other uses, such as to identify him in a book as a contributor (and those uses do not restrict his further use of the image). May I upload it to Wikimedia Commons with my boss's permission, since he is the owner? Or do I need to track down the photographer for a formal release of copyright? Thanks for your kind assistance. — Preceding unsigned comment added by Leishalynn (talk • contribs) 00:24, 21 May 2013 (UTC)

Technically your colleague, as the photographer, is the owner, unless he transferred the rights to your boss. But that said, as long as your group intents a free license, either the person that owns the photograph can upload it to commons (by far, the easiest way), or follow the advice at WP:CONSENT to have the owner mail the Foundation to assure the rights to use the photo under a free license. --MASEM (t) 00:36, 21 May 2013 (UTC)

Okay, we will do this. Thank you! — Preceding unsigned comment added by Leishalynn (talk • contribs) 00:56, 21 May 2013 (UTC)

Need to delete a picture I uploaded.

I need to delete File:Lucas Radebe.jpg from my user file (blevey88). Please let me know how I can go about doing this or if you can do this for me. Thank you. — Preceding unsigned comment added by Blevey88 (talk • contribs) 13:21, 21 May 2013 (UTC)

You'll need to go to commons to do that, as the image is located there. This [2] is the direct link to it. If you are logged in there (you should be if you're logged in on en.wiki), there will be a "Nominate for Deletion" on the left side of the page, and from there you can explain why it needs to be deleted (In this case what appears to be the wrong type of copyright allowance for commons). The Commons admins will take it from there. --MASEM (t) 13:28, 21 May 2013 (UTC)

Screenshot of a Musical Video

Can I upload a screenshot from a U2 Musical Video to add it to the main article of that song, with the proper licensing for this kind of files?? (Just like what people do with Album Covers) Miss Bono (zootalk) 17:36, 21 May 2013 (UTC)

Note: also asked and answered at the Wikipedia:Teahouse/Questions#Video Screenshot Tea House.--ukexpat (talk) 17:49, 21 May 2013 (UTC)

@Ukexpat: The answer there was that she should come ask the experts here. Technical 13 (talk) 18:08, 21 May 2013 (UTC)

I consider myself somewhat of an expert so I answered there, before you directed her here. Is that a problem?--ukexpat (talk) 18:35, 21 May 2013 (UTC)

Not a problem at all. Have a nice day. Technical 13 (talk) 18:44, 21 May 2013 (UTC)

Uploading image available in the web of a company that doesn't specify its copyright

Hi, I'm trying to include some pictures to an article that I'm writing. The article is about a measuring device that is commenrcialized by a certain company. It's a descriptive article, I'm trying to do it neutral. The problem is that the only pictures available are in the website of this company. They don't say which copyright have the images. What can I do? The images can be freely download from the web. Thanks, Amaia — Preceding unsigned comment added by Amaiamarruedo (talk • contribs) 09:03, 22 May 2013 (UTC)

You could try emailing the company. The would need to release them under a 'free license'. They are probably best hosted at commons http://commons.wikimedia.org/wiki/Commons:OTRS has the details. There is a huge backlog there though.--Canoe1967 (talk) 09:12, 22 May 2013 (UTC)

Ok, thanks for the info. Amaia — Preceding unsigned comment added by Amaiamarruedo (talk • contribs) 13:49, 22 May 2013 (UTC)

Otherwise, be aware that under current global copyright law, you must assume an image is copyrighted unless you can prove otherwise. --Orange Mike | Talk 19:08, 22 May 2013 (UTC)

I'm assuming you are talking about what is in your sandbox: User:Amaiamarruedo/sandbox, this WISP device. It's going to get more complicated here, unfortunately, though I see someone's starting an OTRS attempt to make the images free, which would make everyone's lives easier, but if it is the case that you can't (and only if you can't):

• The pictures from the website would be copyrighted as Orangemike says even if they aren't explicitly labeled as such. (The device clearly is recent, and thus any works produced by the company would be copyright).
• But, the design of the device, as a utilitarian object and with no visible labels or other elements that would be copyrightable, is uncopyrightable.
• So any copyrighted photos without a free license of the uncopyrightable device would be considered unusable at en.wiki, as per our WP:NFCC policy, someone else can take a photo of the device and make that photo with a free license. That is, any non-free photos of the device would be replacable by a free image, and thus can't be used here. (This is working on the assumption the device is common enough, and currently being sold, as it appears to be from the sandbox).

All these concerns go away if you're working towards a free license from the company, but if you can't secure that, the situation becomes complicated. --MASEM (t) 12:37, 23 May 2013 (UTC)

1963 record sleeve and label

OTRS received a photo of record sleeve and a record with the label.

It was published by Cavalier Records about 1963.

Am I right in assuming that {{PD-US-no notice}} applies, if there is no copyright notice on either item?

Per the advice given at this query, I assume I have to ask the contributor to check both sides. Other than that, are we good to go?--SPhilbrick(Talk) 12:21, 23 May 2013 (UTC)

In 1963, if a record sleeve and label were first published in the U.S., and if there was no © sign affixed (anywhere) the first time it was published, then it was never held under copyright and it is in the public domain. If you can be sure of these two things, then you can be 100% confident that it is free to use. – Quadell ^(talk) 12:28, 23 May 2013 (UTC)

Thanks, I will confirm those items.--SPhilbrick(Talk) 13:44, 23 May 2013 (UTC)

Images taken by an unknown relative

I tagged File:South African Oceanographer Nils Bang, March 1969.jpg as needing evidence of permission since it is sourced to someone other than the uploader. It turned out that the image was taken from a private family album and that the photos were taken by relatives to the uploader, per User talk:Stefan2#Correct copyright licence. The problem is that the uploader has no idea about who the copyright holder is. This is the usual problem with old family photos. For example, I can't tell whether a given photo in my own private photo albums was taken by my grandmother or by my grandfather. Sometimes, a photo may have been taken by my mother and sometimes it may have been taken by my uncle, which gives different copyright holders. What do we do with images like this? --Stefan2 (talk) 14:22, 23 May 2013 (UTC)

I don't think there's an official policy dealing with this, but if it were me, I would get everyone who might have taken the photo and ask them: "No one remembers exactly who took this photo, but do you consent to transferring the copyright to me (if it happens to have been you)?" If they all say yes, then I would say "A family member took this photo and transferred the copyright to me, and I release it under cc-by" or whatever. (Note that when a photographer dies, the copyrights to his works are passed down to the next of kin.) – Quadell ^(talk) 15:33, 23 May 2013 (UTC)

Commons has a licence to deal with this commons:template:PD-heirs, I sometimes wonder why there isn't a similar licence here on en:wp? NtheP (talk) 16:37, 23 May 2013 (UTC)

The image in question was taken on a research vessel (not a family outing), so I'm dubious about the claim some relative took the picture. A colleague could have supplied the picture and it just ended up in the family album. The photographer -- who could be anybody on the March 1969 expedition -- needs to be identified. Glrx (talk) 20:04, 23 May 2013 (UTC)