Jump to content

Wikipedia:Media copyright questions

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Hekseuret (talk | contribs) at 15:40, 10 October 2014 (→‎Talkpage and WP:LINKVIO?). 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
    Shortcuts

    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 start a new discussion

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


    Wanted posters

    A recent example of "FBI most wanted" is Eric Frein. His photo is available at http://www.fbi.gov/wanted/topten/eric-matthew-frein and widely distributed in press sources --- nobody, outside Wikipedia, seems to have qualms about reproducing the photo in this case. However, File:EricFrein.jpg was deleted (user didn't specify). A previous case at [1] seemed to get no real definitive response. The FBI/DOJ site itself has a legal notice that is mealy-mouthed. [2] Some other wanted posters have been uploaded though, as government work. [3] Which leaves us in a predicament. I mean, if we go the usual Wikipedia anal-retentive route, then these photos are generally unpublished copyrighted works that we "don't have a right to copy" theoretically. I'm surprised the usual WP:EL fanatics don't block us from linking to Top Ten List entries, because the FBI is violating the shooter's copyright... But is there some loophole written into the law for wanted posters? Or is the whole thing a case of Fair Use? And if it is a case of Fair Use, is it possible that we could write up a boilerplate Fair Use Rationale template that accepts one parameter, the guy's name, and one other parameter, the agency out to get him, and all the rest is pre-filled so the user doesn't have to worry about it? Or something? It's just pathetic when we can't include the images everybody else has without a second thought. Wnt (talk) 02:33, 30 September 2014 (UTC)[reply]

    The FBI using a copyrighted photo in fair use is not a copyright violation, and thus not an EL issue. Assuming that the person is notable for their own article, and the person is currently on the run, then yes, for identification of that image, the FBI photo from the most wanted list is allowable under non-free (since we cannot expect to find the person to take a free picture of it). --MASEM (t) 03:22, 30 September 2014 (UTC)[reply]
    The "currently on the run" part bothers me. It would probably be faster to wait by the local police station to take a snapshot of Frein if/when he's caught than to try to arrange a paparazzo photo of many celebrities ... especially one meeting up to Wikipedia's "moral" expectations. And on the other hand, I'd think that the event of actually being put on a wanted poster would be worth covering/memorializing itself. The notion of being able to put up information temporarily not only seems offensive to the notion of making a permanent encyclopedia, but is at odds with the fact that news agencies definitely don't remove such photos from their archives of old news. Wnt (talk) 09:54, 30 September 2014 (UTC)[reply]
    But we do allow for the NFCC#1 exception for this, because there's no reasonable expectation that one can take a free image at the immediate time, so a non-free is fine. Further, once caught, the booking photo may or may not be free (depends on where booked), and once incarcerated, is definitely out of the ability to get a free image. Of course, if it becomes a situation where a free image is possible - say, for some reason, all charges against a most wanted person are clearly dropped, and thus the person cannot be "on the run" anymore, then yes, we re-evaluate at that point. I would not say that the act of being put on the most wanted list would merit a nonfree image to show that (since that can be documented with text), but the image used for that can be used for the person's infobox photo. --MASEM (t) 05:52, 1 October 2014 (UTC)[reply]
    So, if an actor lives in L.A. and sleeps from midnight to 10 a.m. daily, can we rig up a template that displays a Fair Use image of him for those times each night and put that in an article because we can't expect to take a shot while he's sleeping? There's something cuckoo about the logic here, even before I get into the question of whether you can replace a wanted poster with text and accomplish the same function. No matter whether you're quoting longstanding legal precedent or not, these distinctions are nuts. Wnt (talk) 17:02, 1 October 2014 (UTC)[reply]
    No; we do not want people breaking the law (personal or public) in trying to obtain a free image, so trespassing to get such an image is inane. But, unless the actor is well-established to be completely recluse and never going out in public, we can expect that they will be like any other human, out there such that a free shot can be made; one might have to make conscious effort to be at the right place and the right time (such as a red carpet event for example), but we do assume a free image can be taken here. --MASEM (t) 17:09, 1 October 2014 (UTC)[reply]
    It's not often discussed, but Wikipedia has precedence for using non-free images of living people on a very case-by-case basis for situations where the person is not expected to be a public figure and there is no reasonable expectation that anyone could get a free photo of them despite their nondeadness, we do sometimes make exceptions. In general, it is important to remember that no rule at Wikipedia is so sacrosanct that we refuse to violate it under any circumstances, the NFCC rules included, and there have been specific cases where the community has allowed non-free pictures of living people. Examples from the past include noted recluses like J.D. Salinger and Thomas Pynchon (see File:PynchonYearbook.jpg for a clear rationale here) and similar, often sui generis situations. Which is not to say that this usage should also be allowable or not; only discussion and consensus will determine that. But the tone of Wnt seems to imply that the rules here would override consensus, should we eventually decide that this one usage should be allowed. Wikipedia has NEVER had that ethos; the rules reflect general consensus about standard practices, and always allow for individual cases to be adjudicated by open discussion, and always allow for the possibility that what is best for the encyclopedia may not always follow the rules. It is quite fine that Wnt doesn't think this picture should be allowed, and he should be allowed to freely express that opinion, but the notion that opposing opinions are invalid because they don't follow the written rules is wrongheaded and needs to be called out. IAR doesn't mean there are no rules, but IAR does mean that sometimes we will all agree to break the rules, and those situations where we agree to do so doesn't invalidate the otherwise useful rule. --Jayron32 13:36, 2 October 2014 (UTC)[reply]
    As a 1953 American yearbook picture, I find it stunningly unlikely that Pynchon photo isn't PD, since I don't know that any yearbook got renewed.--Prosfilaes (talk) 03:24, 3 October 2014 (UTC)[reply]
    @Jayron32: I didn't think I was being that confusing here, but I was actually looking for/expecting a statement that wanted posters would be usable, at least as a Fair Use, indefinitely as they are by news media. I was unsatisfied with the response because it seems wrong to arse around writing up a special six-part Fair Use rationale for each image, then have it on the block for deletion the second whoever it is gets caught. Wnt (talk) 12:16, 3 October 2014 (UTC)[reply]
    I was confused by the fact that someone told you it was usable, and then you started to disagree with them. Generally, when you seek confirmation of something, and then someone confirms what you wanted them to confirm, you say thank you and the conversation ends. When you then disagree with the person who confirmed your initial question, it DOES get confusing. --Jayron32 12:33, 3 October 2014 (UTC)[reply]

    How Do I show Email from Jayaguru Nyati by which he authorised my use of photos and logos which he attached to the Email?

    I got an Email authorization from the owner of certain images to use on an article on him [Jayaguru Nyati] and his political party [GUNGA-ISIZWE]. How do I show it to you? Nkoko365 (talk) 02:33, 2 October 2014 (UTC)[reply]

    Wikipedia:Donating copyrighted materials contains some guidance to help you. If you have questions about what you read there, feel free to come back and ask for clarification. --Jayron32 13:21, 2 October 2014 (UTC)[reply]

    proper template to include?

    I'm the editor of the Massachusetts Review, and I recently changed the cover image on our Wikipedia site, in order to update it to our current issue cover. I'm a real novice at this, so I don't know proper procedures, or which template to add. We hold the copyright to the cover image, though of course covers are also subject to fair use. I'm not sure what template I'm supposed to add, but I'd like to learn, since I plan to keep updating our site as new issues come out (four times a year). Thanks, Jim Hicks P.S. Here's a link to the image:

    210px|Fall 2014 cover — Preceding unsigned comment added by Dzimhiks (talk • contribs) 20:53, 3 October 2014 (UTC)[reply]

    I've taken a look at your article and the cover image and it all seems to check out. When the need arises in the future for you to upload another cover, the file upload wizard, should be able to guide you in selecting the proper copyright notice. Hope this helped.Tinss (talk) 05:14, 4 October 2014 (UTC)[reply]

    Need assistance to get page corrected

    Hello All;

    I need your assistance to get this page corrected. This is my page: Mobilization Augmentation Command (MAC). Please check to let me know if there is an issue with the references or if more needs to be added. Also, how do I get the question mark message down at the top concerning the inline references? I have created additional references, however, the message remains.

    Images: For the images, I will send you all a statement signed by each person on the image that states it is Okay to use their picture at the MAC wiki site and also I will send the copyright template to the email indicated with the images included in the email. Would this be sufficient to keep the images on the MAC wiki site?

    Any assistance would be greatly appreciated. V/r, Piper Pipercubusa (talk) 21:52, 3 October 2014 (UTC)[reply]

    It looks like you're referring to the files deleted at Wikimedia Commons in this discussion. Generally, we do not necessarily need permission from the persons depicted in a photograph but first of all we need permission from the photographer to use their work. For official US military photos this is simple because they are in the public domain by law.
    So If you are a member of the MAC or any other US armed forces unit and those photos were taken by you or any other soldier on duty, please feel free to re-upload them with a licence {{PD-USGov-Military}} or similar. But please note the following: If the images have been published before on an official US military page it is sufficient to include a weblink to the relevant website in each file's description (not just army.mil but the page where the image appears). This is also the standard way if you're not the original photographer and just found those photos somewhere online.
    If the images have not yet been published, please do send an email as described at Commons:OTRS. This should come from a .mil account where you confirm that you or any another military person took those photos while being on duty.
    Concerning the Wikipedia article, the question mark messages and other such tags do not disappear automatically but they can be removed by editing the very first part of the page like this. De728631 (talk) 23:34, 3 October 2014 (UTC)[reply]

    I would like to upload this image for use on wikipedia. However, it has two authors. One is from the USGS, whose content it produces falls in the public domain; so far so good. Problem is, the other author is from the Woods Hole Oceanographic Institution, a private organization whose copyright statement is a lot more restrictive. In this case, which institution's copyright applies?Tinss (talk) 05:00, 4 October 2014 (UTC)[reply]

    To editor Tinss: If it combines work from both sources, then both copyrights apply, and permission must be granted from both parties. Permission from USGS is not a problem, but because WHOI's copyright permission forbids commercial usage, this image is considered non-free and so must meet the criteria for non-free content. Anon126 (notify me of responses! / talk / contribs) 23:05, 4 October 2014 (UTC) Ping Tinss[reply]

    Can I use this image?

    The following image is of the three living recipients of the Param Vir Chakra, whose official photographs were taken down. For entire discussion, please refer to WP:NFR for entire discussion and to Yogendra Singh Yadav, Sanjay Kumar and Bana Singh for the articles in question.

    I have found the following image posted by a journalist named Shiv Aroor. This is an image of Shiv Aroor with the three PVC awardees [4] posted on his twitter page. Here is a link on his blog [5] where he states, "Use of photographs by me is permitted without prior approval, but needs to be carried always with a credit and backlink."

    Does this satisfy Wikipedia's requirements? Myopia123 (talk) 17:31, 5 October 2014 (UTC)[reply]

    Also note that this author is a noted defence journalist with significant Military and Journalistic connections, which is why he was able to get into a room with all three of them. In my opinion, it is highly unlikely that such a good opportunity will ever present itself to obtain images of these war heroes, which satisfy Wikipedia policy in my opinion, again. Myopia123 (talk) 17:51, 5 October 2014 (UTC)[reply]
    No. This turns on precisely the same issue as Masem pointed out to you at the NFCR discussion you refer to above. Permission to reuse is not sufficient without permission to modify, or without permission to create derivative works. The Big Bad Wolfowitz (aka Hullaballoo) (talk) 18:05, 5 October 2014 (UTC)[reply]
    You are making it impossible to create a proper article. Ordinary civilians do not have easy access to these individuals. While it is theoretically possible to obtain free images of them, it is not practically possible and these rules you hold so dear have been violated in the past, using WP:IGNORE. Such as J.D. Salinger's article. Myopia123 (talk) 18:10, 5 October 2014 (UTC)[reply]
    And I still have not been given a specific example of what kind of release you require so badly. I would be more than happy to email this journalist and ask him for permission but I do not want to run the risk of incurring wrath from The Big Bad Wolfowitz (aka Hullaballoo) (talk) again - Myopia123 (talk) 18:16, 5 October 2014 (UTC)[reply]
    Why is it "not practically possible"? If it is just because they are in India and not where you are, that's not a reason - we have English speaking editors that live there that also may be able to help. --MASEM (t) 18:32, 5 October 2014 (UTC)[reply]
    I am pretty sure if he agrees by email through WP:ERFP then the matter is closed. Honestly, sometimes you guys really turn being an editor into an extreme hassle. You guys are extremely unhelpful and behave like bullies to someone who is only seeking to improve wikipedia and the articles within it.Myopia123 (talk) 18:43, 5 October 2014 (UTC)[reply]
    As far as your question about where I live: Sir, mind your own damn business. Myopia123 (talk) 18:44, 5 October 2014 (UTC)[reply]
    If it really were as simple as you make it out to be, I would not be wasting my time on this page.Myopia123 (talk) 19:18, 5 October 2014 (UTC)[reply]
    Actually it really is quite simple and we don't try to make life especially difficult for you but copyright is a serious concern to us, so you need to follow the policy. So, to put it simply, the copyright holder, who is usually the photographer and not the person in the picture, must verify their permission for us to use their image under a free licence. You must also note that the blog specifically states that some of the material is not theirs but copyright to other people. The copyright holder can verify their permission by following the procedured found at WP:CONSENT. If they are not prepared to release their image as freely licenced, then unfortunately you are out of luck but remember that it is not necessary to have an image of an individual to have a good article about that person. Good luck. ww2censor (talk) 20:04, 5 October 2014 (UTC)[reply]
    Received permission. Sent email to OTRS. While I personally think this obsession with copyright is misplaced outside of the US, you do what you gotta do. Kthnxbai. Myopia123 (talk) 21:31, 5 October 2014 (UTC)[reply]
    • So Shiv Aroor from Live Fist Defence recently emailed his OTRS permission to use this image [6] to the permissions email account on commons. The image is to be used on the pages of the three living PVC recipients. However, the images I uploaded on commons have all just been deleted. What now? Do I need to reupload it with the ticket number or what? Myopia123 (talk) 15:09, 6 October 2014 (UTC)[reply]
    Assuming the OTRS email has the image names then the OTRS team will restore the images and attach an OTRS ticket to each image when they are happy with the permission. Please be aware that the OTRS team are often very busy and it can, on occasions, take up to a month to process some emails especially if they have to do some back and forth emails to clarify matters. Good luck and be patiently. ww2censor (talk) 19:18, 6 October 2014 (UTC)[reply]

    File:Bangladeshi-model-actress-Nusraat-Faria-Mazhar-25.jpg

    How can I add this image to an article? — Preceding unsigned comment added by Sadman Sakibzz (talk • contribs) 09:43, 7 October 2014 (UTC)[reply]

    Could you provide an active link to this image? Often such images are copyrighted and can not be uploaded to Wikipedia. But without the image it's hard to tell for sure. GermanJoe (talk) 10:18, 7 October 2014 (UTC)[reply]
    If the source website is Bangladeshi Entertainers (www.bdentertainers.com), their content is apparently watermarked and copyrighted (see images and website footer). GermanJoe (talk) 10:33, 7 October 2014 (UTC)[reply]

    Talkpage and WP:LINKVIO?

    WP can make me so confused. Is it really a violation of WP:LINKVIO to link to copyrighted image on a talkpage just to make a comparison of locations? Is it really such a big violation that all other points made are blank and void and doesn't matter at all? I do know the show and the image is copyrighted, but it was the first image I found doing a quick search. And the only reason I added it was to make an attempt at making the other person see the obvious similarities in locations. Would it had been a non-violation if I had spent more time and found the same picture on the producer's or distributor's or similar homepage? Could someone please explain this to me in a way that won't get me too annoyed at WP bureaucracy and pedantry. -Hekseuret (talk) 17:35, 7 October 2014 (UTC)[reply]

    No, that's not linking violations to a point they need to be removed/fixed. A screencap could be used in a fair use manner so that's not a copyright violation (on the other hand, if it were a link to the full copyrighted video not from a source that owns/licenses the copyright, that would be differernt). --MASEM (t) 17:40, 7 October 2014 (UTC)[reply]
    Hekseuret is being rather ambiguous. What he has done is linked to an unverified Twitter account that contains a screenshot from a TV episode. Since the TV series is copyrighted, the image is copyrighted too, and there is no fair-use claim on the tweet. That's not the real problem though. He has compared that image, which contains CGI elements, to photos of a real location and decided that the real location is the place shown in the CGI shot, and then added that to an article. It's classic original research that he hasn't backed up with citations from a reliable source. --AussieLegend (✉) 15:08, 10 October 2014 (UTC)[reply]
    So are you saying it is a LINKVIO because it was from a twitter tweet, or because there was no fair use statement under the image, or because the show itself is copyrighted? Or all of the above? As for the rest, I disagree as I already wrote on the talk page. -Hekseuret (talk) 15:15, 10 October 2014 (UTC)[reply]
    I'm not commenting on the OR aspect (which I agree that is a problem), however, given that using a single frame from a full episode is going to be considered as fair use for nearly all purposes, that's fine to link to. On the other hand, linking to a page that is a gallery of stills from a single episode might be a problem. I would not worry about the linkvio issue here. --MASEM (t) 15:19, 10 October 2014 (UTC)[reply]
    The image gallery is the image userpage of the person that took the pictures. There is a disclaimer text (in Norwegian) that says how to contact him through various channels (if you want to use the images). -Hekseuret (talk) 15:23, 10 October 2014 (UTC)[reply]
    If the pictures are from the TV show and the user is not the copyright holder, the gallery page would be considered a copyvio here. However, a single tweet from that user that uses one image would be fine per our copyvio rules to link in a talk page discussion to talk about the image under a claim of fair use. --MASEM (t) 15:31, 10 October 2014 (UTC)[reply]
    Just to clarify. There are two links. The first link was to a tweet with 1 single image from the TV-show. The second link was to a gallery of real life aerial photos of the same location (which User:AussieLegend among other things disagrees on since they are in summer, daylight, and not graphically enhanced so not 100 % similar) taken by the person that image-user-page belongs to. -Hekseuret (talk) 15:40, 10 October 2014 (UTC)[reply]

    Image question

    I have a photograph that I purchased off eBay. It was taken in 1921 by the Keystone View Co. I want to upload it to Wikipedia, but I am unsure which copyright permission to use. I am now the owner of this photo, and it does have historical significance. Please advise, thank you. Jim Cardoza (talk) 22:56, 7 October 2014 (UTC)[reply]

    But was it published in 1921? --Orange Mike | Talk 03:00, 8 October 2014 (UTC)[reply]

    ricky wilson photo needs © line

    Sorry to disturb, the Wikipedia page for the B-52's has this image: Rickywilsontimecapsule.jpg without my copyright notice ©George-DuBose.com

    It is my solely owned photograph that I licensed to Warner Bros. for only use in a cd package. I would appreciate if someone would help me add a © line to that image.

    Thanks,

    George DuBose boss@george-dubose.com www.george-dubose.com George DuBose (talk) 10:17, 10 October 2014 (UTC)[reply]

    As a first step I googled some background info and added the necessary copyright information to the image information page (see File:Rickywilsontimecapsule.jpg) - thank you for pointing out that error. However, images on Wikipedia usually don't have an in-image copyright notice or other watermarks. Please check, if the added information is satisfactory. I also removed the image from a second article, where no valid "fair-use rationale" per Wikipedia's policy was provided. It is now only used in Ricky Wilson (American musician), where it should meet "fair-use" requirements to identify the musician. GermanJoe (talk) 11:17, 10 October 2014 (UTC)[reply]

    I have recieved the above message from editor Kelly. The image is a photograph of Richard Calder which he took of himself with a timer. He sent the picture to me expressly for the purpose of upload. Can any deletion please be avoided? User:S.tollyfield — Preceding unsigned comment added by S.tollyfield (talk • contribs) 11:34, 10 October 2014 (UTC)[reply]

    If you look at the image page you will see that an OTRS ticket has been opened but as yet satisfactory verification has not been received. Wait and see if Calder gives the appropriate permission and then all will be well. If he does not freely licence the image it will be deleted. Good luck. ww2censor (talk) 14:57, 10 October 2014 (UTC)[reply]
    Retrieved from "https://en.wikipedia.org/w/index.php?title=Wikipedia:Media_copyright_questions&oldid=629065541"