Wikipedia:Media copyright questions: Difference between revisions
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[[:File:Alexander Archipenko, ca. 1920, Atelier Riess, photographer. Alexander Archipenko papers, Archives of American Art, Smithsonian Institution..jpg]] was uploaded in 2013 as non-free. The file's description says it's a photo from [[circa|ca. 1920]]. The [https://www.aaa.si.edu/collections/items/detail/alexander-archipenko-5658 source link] states the photo's current copyright status is "undetermined". This file has been replaced in the mian infobox [[:Alexander Archipenko]] by a free image; so, if it needs to remain non-free, then it's not needed any more per [[:WP:FREER]]. Given the photo's apparent age, however, I'm wondering if it's now OK to relicense as {{tl|PD-US-expired}}. I don't know when the photo was first published and if that was after January 1, 1927, then perhaps the photo could be relicensed as {{tl|PD-US-no notice}} or {{tl|PD-US-not renewed}}. Another thing that might need to be taken into account is that Archipenko apparently didn't come to the US until 1923 (he was naturalized in 1929). So, it's possible the the country of origin and first publication are not the US. -- [[User:Marchjuly|Marchjuly]] ([[User talk:Marchjuly|talk]]) 01:36, 6 August 2022 (UTC) |
[[:File:Alexander Archipenko, ca. 1920, Atelier Riess, photographer. Alexander Archipenko papers, Archives of American Art, Smithsonian Institution..jpg]] was uploaded in 2013 as non-free. The file's description says it's a photo from [[circa|ca. 1920]]. The [https://www.aaa.si.edu/collections/items/detail/alexander-archipenko-5658 source link] states the photo's current copyright status is "undetermined". This file has been replaced in the mian infobox [[:Alexander Archipenko]] by a free image; so, if it needs to remain non-free, then it's not needed any more per [[:WP:FREER]]. Given the photo's apparent age, however, I'm wondering if it's now OK to relicense as {{tl|PD-US-expired}}. I don't know when the photo was first published and if that was after January 1, 1927, then perhaps the photo could be relicensed as {{tl|PD-US-no notice}} or {{tl|PD-US-not renewed}}. Another thing that might need to be taken into account is that Archipenko apparently didn't come to the US until 1923 (he was naturalized in 1929). So, it's possible the the country of origin and first publication are not the US. -- [[User:Marchjuly|Marchjuly]] ([[User talk:Marchjuly|talk]]) 01:36, 6 August 2022 (UTC) |
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:Unfortunately, we do not seem to have any evidence that the image was published prior to its being microfilmed and made available to researchers by the Archives of American Art in 1967. See [https://www.aaa.si.edu/collections/alexander-archipenko-papers-7025 Provenance note] and [https://www.journals.uchicago.edu/doi/abs/10.1086/aaa.7.2.1556977?journalCode=aaa Journal article]. If the 1967 date is the date of first publication, automatic renewal would apply with a total copyright term of 95 years. While there is mention that the originals were on deposit at Syracuse University prior to 1967, merely being on deposit without making copies available would not constitute publication as far as I can determine. See [https://www.copyright.gov/help/faq-definitions.html Definition of publication] ("Generally, publication occurs on the date on which copies of the work are first made available to the public.") [[Special:Contributions/68.189.242.116|68.189.242.116]] ([[User talk:68.189.242.116|talk]]) 19:36, 6 August 2022 (UTC) |
Revision as of 19:36, 6 August 2022
Media copyright questions | ||
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Welcome to the Media Copyright Questions page, a place for help with image copyrights, tagging, non-free content, and related questions. For all other questions please see Wikipedia: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.
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Copyright in 1781 images in 1922 book digitised in 2009
If a book is on Internet Archive, uploaded in 2009, but was published in 1922, and contains images made in 1781, what is their copyright status? I've uploaded one image under "Fair use as a historical portrait" (File:Eleonore von Raab silhouette.png) but wasn't sure about it. The book is here. Any thoughts? I'm not clear whether someone has copyright in the digitised version of the book as such, and couldn't find much help on Internet Archive itself. PamD 23:05, 27 July 2022 (UTC)
- Hello, PamD. Under US copyright law, an image originally published either in 1781 or in 1922 is now in the public domain because copyright has expired. Digitizing a public domain work does not create a new copyright. Cullen328 (talk) 23:12, 27 July 2022 (UTC)
- @Cullen328: Thanks: I'd forgotten that last fact. I'll load the image into Commons instead. PamD 05:25, 28 July 2022 (UTC)
PD-logo
Would like some input on whether File:Mix 100.5 logo.png needs to be licensed as non-free content. It seems simple enough to be OK to covert to {{PD-logo}} given c:COM:TOO United States because the station its for (WDVI) is a US radio station. It's the bit of shading in the circle element, however, that I'm not too certain about because it's giving a 3D-effect to the part of the logo. FWIW, if the file needs to remain non-free, then it doesn't meet WP:NFC#cite-note-4 and WP:NFG, and will need to be deleted unless some sourced critical commentary about the logo is found and added to the article and the logo is moved near such content.
The above pretty much also applies to File:KRAB logo.png and File:KRAB 1061logo.jpg. They seem pretty close to be "PD-logo", but there are some elements in each logo which just might nudge it above the TOO for the US. -- Marchjuly (talk) 05:49, 2 August 2022 (UTC)
File:Topgun2.jpg
I have added the non-free File:Topgun2.jpg, used in Kansas City Barbeque, also in Aaron and Adam Weis, getting reverted by User:JJMC89 bot. I think that WP:NFCC is fulfilled even much clearer in the latter case. So, was the bot right, and why? If it is just about formals to be fulfilled, what are they? --KnightMove (talk) 13:37, 2 August 2022 (UTC)
- You need a wholly separate rational for the use on the Weis page. Masem (t) 13:57, 2 August 2022 (UTC)
- Where do I need to describe/claim that rational? I don't find any in case of Kansas City Barbeque. --KnightMove (talk) 14:28, 2 August 2022 (UTC)
- You do it on the image / file page. --Masem (t) 14:30, 2 August 2022 (UTC)
- Done, thanks. --KnightMove (talk) 14:46, 2 August 2022 (UTC)
- @Masem: Please, one follow-up question: May I use the image for Template:Did you know nominations/Aaron and Adam Weis? How? Or is this impossible? --KnightMove (talk) 16:51, 2 August 2022 (UTC)
- No, it is a nonfree image, which cannot be used for any Main Page items including DYKs. Masem (t) 17:56, 2 August 2022 (UTC)
- @KnightMove: I'm going to go a little deeper than Masem in that I don't think there's really any justification for that file's non-free use in either Kansas City Barbeque and Aaron and Adam Weis, but for slightly different reasons. Adding the missing rationale will stop the bot from removing the file, but adding a rationale doesn't automatically make a non-free use policy compliant as explained in WP:JUSTONE. I'm also not too convinced that the Weis twins meet WP:NACTOR or WP:BIO for a stand-alone article to be written about them, but that's a different discussion not really related to the non-free use of the file. While you might argue that the Weis twins are Wikipedia notable for their "uncredited appearance" in the first Top Gun film, a non-free publicity still or other image from their childhood years showing both brothers from the front would be much easier to argue for than a profile shot of one of them sitting on a piano in that scene from the film. If you disagree with my assessment, you can follow the instructions given in the templates I added to the file's page and explain why. -- Marchjuly (talk) 21:37, 2 August 2022 (UTC)
- Thanks for the extensive explanation. First of all, I do think that they now easily fulfil the general WP:BIO. Secondly, "a non-free publicity still or other image from their childhood years showing both brothers from the front would be much easier to argue for..." - may be, but this is not part of WP:NFCC. More at your request for deletion. --KnightMove (talk) 23:37, 2 August 2022 (UTC)
- Update (to prevent unnecessary further answers): I see that you are right about the image, and I won't issue an objection against deletion. --KnightMove (talk) 23:56, 2 August 2022 (UTC)
- You do it on the image / file page. --Masem (t) 14:30, 2 August 2022 (UTC)
- Where do I need to describe/claim that rational? I don't find any in case of Kansas City Barbeque. --KnightMove (talk) 14:28, 2 August 2022 (UTC)
PD-ineligible-USonly for Irish logo
File:FT-Logo-onLight.jpg and File:Full Tilt Poker.svg are essentially the same logo in different formats under different copyright licenses. Full Tilt Poker is based out of Ireland, but Ireland's TOO is described as being "unknown" per c:COM:TOO Ireland. There's no real difference between these two files from a copyright standpoint, unless you want to argue that the vector version is eligible for copyright protection per c:COM:SVG#Copyright or WP:NFC#Multiple restrictions. So, basically, if one's non-free, then both are non-free (or if one's PD, then both are PD). My feeling is that even if we're careful and assume Ireland's TOO is similar to c:COM:TOO United Kingdom, then this would still be PD in the US per c:COM:TOO United States. So, I think it's OK to change both licenses to {{PD-ineligible-USonly}}, but want some other opinions about this. FWIW, if the only reason the vector version is non-free is because it's a user-created vector version, then it would fail WP:FREER because a non-vector version could be used instead. -- Marchjuly (talk) 20:53, 2 August 2022 (UTC)
PD-US-expired?
File:Alexander Archipenko, ca. 1920, Atelier Riess, photographer. Alexander Archipenko papers, Archives of American Art, Smithsonian Institution..jpg was uploaded in 2013 as non-free. The file's description says it's a photo from ca. 1920. The source link states the photo's current copyright status is "undetermined". This file has been replaced in the mian infobox Alexander Archipenko by a free image; so, if it needs to remain non-free, then it's not needed any more per WP:FREER. Given the photo's apparent age, however, I'm wondering if it's now OK to relicense as {{PD-US-expired}}. I don't know when the photo was first published and if that was after January 1, 1927, then perhaps the photo could be relicensed as {{PD-US-no notice}} or {{PD-US-not renewed}}. Another thing that might need to be taken into account is that Archipenko apparently didn't come to the US until 1923 (he was naturalized in 1929). So, it's possible the the country of origin and first publication are not the US. -- Marchjuly (talk) 01:36, 6 August 2022 (UTC)
- Unfortunately, we do not seem to have any evidence that the image was published prior to its being microfilmed and made available to researchers by the Archives of American Art in 1967. See Provenance note and Journal article. If the 1967 date is the date of first publication, automatic renewal would apply with a total copyright term of 95 years. While there is mention that the originals were on deposit at Syracuse University prior to 1967, merely being on deposit without making copies available would not constitute publication as far as I can determine. See Definition of publication ("Generally, publication occurs on the date on which copies of the work are first made available to the public.") 68.189.242.116 (talk) 19:36, 6 August 2022 (UTC)