Jump to content

Wikipedia:Media copyright questions

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by John of Reading (talk | contribs) at 08:00, 29 May 2013 (Is a fair use rationale possible in this case?: thanks). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Template:Active editnotice

    Media copyright questions

    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.

    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:File 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 an acceptable Creative Commons or other free 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.; {{Cc-by-4.0}}), 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 Publish changes.
    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 start a new discussion" link below.
    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.

    Click here to purge this page
    (For help, see Wikipedia:Purge)


    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)[reply]

    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)[reply]
    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)[reply]
    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)[reply]
    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)[reply]
    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)[reply]
    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)[reply]
    • 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)[reply]
    • 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)[reply]
    (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)[reply]


    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)[reply]

    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)[reply]
    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)[reply]
    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)[reply]
    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)[reply]
    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)[reply]

    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 (talkcontribs) 09:03, 22 May 2013 (UTC)[reply]

    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)[reply]

    Ok, thanks for the info. Amaia — Preceding unsigned comment added by Amaiamarruedo (talkcontribs) 13:49, 22 May 2013 (UTC)[reply]

    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)[reply]
    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)[reply]

    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)[reply]

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

    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)[reply]

    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)[reply]
    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)[reply]
    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)[reply]
    It appears this image was not published before being uploaded to Wikipedia. According to §302-c of the 1976 U.S. Copyright Act, if a photo was never published (before 2003), and the photographer is unknown, the copyright lasts 100 years from creation. The 1978 law would apply, since it was the first time U.S. copyright law covered unpublished works. This duration was later extended to 120 years. If we can be certain the photographer released it under a free license (because every possible candidate agrees to do so) then that's fine, but I suspect Glrx is right: we can't know that in this case. – Quadell (talk) 12:53, 24 May 2013 (UTC)[reply]
    Indeed, this photo is likely to have been taken at work by a colleague. The author would be the photographer and the copyright would be owned either by the photographer or by the photographer's employer if taken in the performance of this employment. Even if the photo had been published in South Africa around 1969, it would still be caught in the net of the URAA. The uploader could try to track the origin of this photo by a research through the University of Cape Town and other organizations involved in the work. -- Asclepias (talk) 21:17, 24 May 2013 (UTC)[reply]
    PD-heirs does not deal with this. It is a wording for situations with known heirs of copyright. -- Asclepias (talk) 21:17, 24 May 2013 (UTC)[reply]

    Attribution for a vanished user

    There was a user who invoked his "right to vanish" a little over a year ago. His name was changed to User:Vanished user sflgjhaerp98q3iv8j3qp8uti. His image uploads (here) are used in the St John Ambulance Australia Cadets article, and are all tagged {{self|cc-by-sa-3.0,2.5,2.0,1.0}}. I was thinking of moving them to Commons, but I have a few questions.

    1) In general, what do we do when the license requires attribution, but the uploader has invoked his right to vanish? If we simply credit the nonsense name "Vanished user sflgjhaerp98q3iv8j3qp8uti", are we violating the terms of the cc license? Do we have a policy or precedent for this?

    2) Aren't these images wrongly tagged anyway? It looks like he photographed or scanned patches that he did not create, and I don't think he created a new copyright in doing so. If they are copyrighted designs, their use would violate our NFCC, right?

    3) Some of them are probably {{PD-ineligible}}. Which ones should I tag as ineligible and move to Commons, and which should I nominate for deletion?

    Thanks, – Quadell (talk) 12:34, 24 May 2013 (UTC)[reply]

    Regarding 1), 4. Restrictions. c. (i) of the Creative Commons Attribution-ShareAlike 3.0 Unported license requires that "...the name of the Original Author (or pseudonym, if applicable) if supplied..." be kept with the image. -- Toshio Yamaguchi 21:52, 24 May 2013 (UTC)[reply]
    Uploader previously went by "Flipper24". It definitely wouldn't have been a problem to attribute them to Flipper24 before he was renamed, and I can't see how it would be a problem now. Nyttend (talk) 22:33, 25 May 2013 (UTC)[reply]
    When uploaded them under the user name "Flipper24", he allowed anyone to use the files by attributing "Flipper24", and that right can't be revoked. When he vanished, then I assume that he relicensed the files so that you can choose to attribute him under either the old user name (Flipper24) or the new one (Vanished user sflgjhaerp98q3iv8j3qp8uti), whichever you prefer.
    When the items were copied, he became the copyright holder in some countries. If the underlying patches are free (which probably needs to be determined on a case-to-case basis), then consider using the template {{Licensed-PD-Art}} so that the images can be used worldwide. --Stefan2 (talk) 00:31, 26 May 2013 (UTC)[reply]

    PD-US-no notice

    Imagine two pieces of music, both of which appear (without any changes whatsoever) in multiple editions of a book, all of which were published in the USA; the composer granted permission for them to be published, so there are no irregularities with the publication process.

    • Piece 1 appears in the 1965, 1966, and 1967 editions
    • Piece 2 appears in the 1964, 1965, and 1966 editions

    No copyright notice appeared in 1965, but the other editions all had them. Is #1 PD-US-no notice because it was first published with no notice, i.e. the later editions' status is no more relevant to #1 than they are to a piece by Mozart? Or is it copyrighted because it appeared in a later book that complied with formalities? Meanwhile, #2 was obviously copyrighted upon publication. Does its appearance in a later non-copyrighted publication cause it to be ejected in the public domain, or is that superseded by the proper publication a year earlier? Note I don't have any specific pieces of music (or other works) in mind; these are simply some convenient examples. I'm trying to clarify for myself the way we'd apply PD-US-no notice in the case of works that have been republished by the same authors when different publications have different copyright stati. Nyttend (talk) 22:41, 25 May 2013 (UTC)[reply]

    In your example, piece #1 would be PD, and piece #2 would be copyrighted. Thought it may seem counter-intuitive and arbitrary, U.S. copyright law before 1978 really did require for a work to published in full compliance with U.S. copyright formalities on first publication in the U.S. in order to be copyrighted, and publishing a work in the U.S. without compliance (the first time it was published) placed the work irrevocably into the public domain. "Full compliance" required the © symbol (or the word "copyright") and a year to be affixed to the work. (It also required the work to be be officially registered with the U.S. copyright office; if a book was published with a © symbol but was not registered within a year, it was likewise placed irrevocably into the public domain.) No other country, so far as I know, had such a strange law, and it was of course reversed in 1978 -- though not retroactively. – Quadell (talk) 01:08, 26 May 2013 (UTC)[reply]
    No, not at all strange; it makes a lot more sense not to grant rights to people who don't care, and it helps prevent orphan works; we'd be in a better spot if we'd not followed other countries' lead. So there's no way for republication to affect the status of a work? Or is there some way that doesn't appear in my scenario? Nyttend (talk) 01:42, 26 May 2013 (UTC)[reply]
    A copyright notice was needed each time a work was published, as far as I have understood. Also, a copyright registration is only supposed to be necessary if you wish to sue someone over copyright infringement, although it is much better from a legal point of view if you register the work either before the publication or shortly after it. --Stefan2 (talk) 10:13, 26 May 2013 (UTC)[reply]

    I merged the comic book article into C.O.P.S. Is this image necessary right now? --George Ho (talk) 09:35, 26 May 2013 (UTC)[reply]

    Map image published by US Govt, but hosted by State Archives website

    This database entry (click link at bottom to actually see the image) shows that it was published in 1922 by "Washington : Government Printing Office". Does that mean that I can upload this map or a portion of this map as a work of the government? File:Old Choctaw Country Mississippi.jpg appears to be a similar situation that has already been uploaded.--Dudemanfellabra (talk) 20:42, 26 May 2013 (UTC)[reply]

    It doesn't matter who is currently hosting it, only its publication history (I've found PD materials from flickr marked as copyrighted). It is also PD in that is was published in 1922 (which is pre1923) presumably in the United States. Chris857 (talk) 21:01, 26 May 2013 (UTC)[reply]
    Ah I didn't think about the pre-1923 thing. So if I were to upload it, I should use {{PD-US}}? Not {{PD-USGov}}? Or should I put both? Also, This map was published in 1820. Is this also a PD-US?--Dudemanfellabra (talk) 21:11, 26 May 2013 (UTC)[reply]
    If it was published before 1923, then you can always use {{PD-1923}}, no matter who made it. You can only use {{PD-USGov}} if the author was an employee of the US federal government, regardless of the publication history. If you don't know by whom the author was employed, then {{PD-1923}} is safer. --Stefan2 (talk) 21:17, 26 May 2013 (UTC)[reply]
    And anything published by the U.S. Gov., even today, is public domain. Material printed by the GPO is therefore PD. --Wikiwatcher1 (talk) 21:20, 26 May 2013 (UTC)[reply]
    I just uploaded cropped portions of both images here and here. Do they look ok to you guys? I've only uploaded pictures I've taken myself before.. this is the first time I've uploaded anything thought to be PD.--Dudemanfellabra (talk) 22:27, 26 May 2013 (UTC)[reply]
    Thumbs up icon--Wikiwatcher1 (talk) 01:44, 27 May 2013 (UTC)[reply]
    Although the template PD-US on Commons may not be exactly deprecated, its use is not recommended, because it doesn't specify the actual reason for the statement of PD with respect to the files. As Stefan2 said above, a better template for files published before 1923 would be PD-1923. -- Asclepias (talk) 04:42, 27 May 2013 (UTC)[reply]

    Two-dimensional representations

    Requesting a sanity check, as this is first time I've bumped up against "two-dimensional representation" fair use and may be misunderstanding it. Among the files uploaded by User:Areaseven are several pictures of toy Nerf guns (eg. this one) which invoke fair use as "a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art". However, they aren't the user's own photos, they're images he or she has lifted from the Hasbro website. Is this a valid invocation of fair use? --McGeddon (talk) 15:48, 27 May 2013 (UTC)[reply]

    In general a copyrighted work can be used in the United States without permission of the copyright owner if the use conforms to American fair use law. To be used on Wikipedia the use must also conform to Wikipedia’s non-free use policy. So for example, a photo of a copyrighted statue could be used (as the tag says) to illustrate the three-dimensional work of art in question, to discuss the artistic genre or technique of the work of art or to discuss the artist or the school to which the artist belongs. It is not the fact that is a two-dimensional representation of a three-dimensional work that makes it useable but the fact that it conforms to fair use law and Wikipedia policy. Is that what you wanted to know? —teb728 t c 05:02, 28 May 2013 (UTC)[reply]
    I think so. So simply being a two-dimensional representation of a three-dimensional object doesn't trigger any automatic get-out clause? I can't lift a professional photographer's copyrighted photo of the Venus de Milo, put it on Wikipedia and say "tough luck, it's a 2D image of a 3D object!", and I can't take an image from Hasbro's website that's a picture of their own product, on the grounds that it's a 2D representation of a 3D product. That seemed like the common sense interpretation, but given that it applies to several uploads from this user, I thought I'd check rather than wasting time speedying them inappropriately. --McGeddon (talk) 13:19, 28 May 2013 (UTC)[reply]
    If these are pictures of existing products, then while using the "2d representation of a 3d object" is the proper license/rationale, we cannot use the photos take from Hasbro's website for them; instead, we need to have someone take a photo for free for us. There's actually 2 copyrights involved here: the copyright on the 3D object, and the copyright of the photographer in setting up the light and angles for the photo. Thus, while we recognize there are copyrights on the 3D object that we can never get around until the copyright term expires, there are copyrights on the photographer that we can. The image will still be non-free with a Hasbro copyright aspect, but with a free license on the photo, that's only one copyright to worry about instead of two. --MASEM (t) 13:33, 28 May 2013 (UTC)[reply]

    The usage of File:Kristine Bonnevie.jpg does not qualify as fair use. There is a free file at the commons. Unfortunately, the two files have the same name, so I don't seem to be able to replace it in the article about Kristine Bonnevie. Surtsicna (talk) 17:41, 27 May 2013 (UTC)[reply]

    Basically you have two options; nominate this one for deletion and the commons image will now show up because the name is the same; or suggest moving the commons image to another name. I will do the move for you if you suggest it as I am watching the commons image. The former suggestion is propably best because a commons rename still requires a nomination for deletion here due to the image them being an orphaned non-free image. You choose. ww2censor (talk) 18:29, 27 May 2013 (UTC)[reply]
    The non-free image should be deleted, but it should also be replaced with the free image as soon as possible. Nominating the non-free image for deletion and then waiting for the outcome would take days. Isn't there a way to have a speedy deletion of the non-free image? I doubt anyone would oppose the nomination; either way, the case is clear and there can be no sensible argument in favour of retaining it. Surtsicna (talk) 18:48, 27 May 2013 (UTC)[reply]
    If there isn't a speedy tag then just replace it with the commons image in the article and then ask at ANI or help desk and an admin may delete it.--Canoe1967 (talk) 20:19, 28 May 2013 (UTC)[reply]

    Hello,

    Looking at the summary page for File:Original-john-brown-words-george-kimball-1890.jpg I see a notice that the file could possibly be transferred to Wikimedia Commons since it is no longer under copyright.

    I would certainly think that if the file has been scanned from the original issue of New England Magazine back in 1890 then it would be okay as no longer under copyright.

    However, if the picture's source comes from a proprietary database then I would assume that would be problematic (e.g. if the picture was taken from JSTOR or the like).

    If that were the case I wonder if the database might even place some kind of watermark in the bytes of the file.

    On the other hand -- if it was taken from some database where the content is available under some kind of Creative Commons License then I think that would be okay also.

    I can leave a brief note on Bhugh's talk page pointing back to this comment here.

    Jjjjjjjjjj (talk) 21:28, 27 May 2013 (UTC)[reply]

    A faithful digitization of a two-dimensional work would not create a new copyright (even if in a proprietary database, even with digital watermark, even if the database claimed copyright). —teb728 t c 04:04, 28 May 2013 (UTC)[reply]

    Is a fair use rationale possible in this case?

    Charlie Strap, Froggy Ball and Their Friends (edit | talk | history | protect | delete | links | watch | logs | views)
    Please will someone review my edits to this article and its talk page. -- John of Reading (talk) 07:24, 29 May 2013 (UTC)[reply]

    I agree that the cover image is inappropriate on that page. The footnote at WP:NFCI#1 says "NFCI#1 relates to the use of cover art within articles whose main subject is the work associated with the cover." The cover appears to be from a book, which is not the subject of the article. The image therefore should be removed per WP:NFCC#8. -- Toshio Yamaguchi 07:42, 29 May 2013 (UTC)[reply]
    Thanks. -- John of Reading (talk) 08:00, 29 May 2013 (UTC)[reply]