Commons:Village pump/Copyright
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Photograph of 1850 painting that may have never been publicly displayed until recently
When I searched for advice, it seemed to differ depending on the country and whether the painting had been publicly displayed, which left me confused.
I am in the US, the painter was in the US, and the people who have uploaded a photograph are in the US. There is a photo here: https://fineartsouth.com/pages/art-inventory/artdetail/115/1386
The painting was in an exhibit in New Orleans a few years ago.[1] I don't know if it was ever publicly shown before that.
Every page on the site hosting the photo has "©2024 Robert M. Hicklin Jr., Inc. All rights reserved." at the bottom which for sure applies to all their text and design work, but is the photo in the public domain? Rjjiii (talk) 05:09, 24 June 2024 (UTC)
- I'm not a lawyer but based on Commons:Hirtle chart, if the artist died in 1853 and the work was not published before 2003, then it passed into the public domain on January 1, 2003 on the basis that the author had been dead over 70 years. (This change in status was due to a change in U.S. copyright law effective on that date.) There is no way that copyright could be regained; faithful reproduction of the work does not create a new copyright; it is almost impossible to imagine what intellectual property right Robert M. Hicklin Jr., Inc. is claiming, or how they think they came by that right. Perhaps they are over two decades out of date in their knowledge of copyright law; perhaps they are just bluffing. Your guess is as good a mine. - Jmabel ! talk 06:23, 24 June 2024 (UTC)
- The painting predates US copyright protection for paintings anyway (it came in 1897 I believe) so I think it's fine, Hirtle chart or not. Bremps... 01:10, 29 June 2024 (UTC)
- This is the first I've heard about pre-1897 paintings not having copyright protection in the United States. Can you point me to what your talking about? grendel|khan 18:16, 5 July 2024 (UTC)
2002 Venezuela's National Assembly session
Hi. I've thought about uploading to Commons this session from a 2002 session of the National Assembly of Venezuela ([2]), but I wanted to ask about the copyright first.
The logo in the upper left suggests that the author is the state television station Venezolana de Televisión, but being an official act I was wondering if this could be under the public domain per {{PD-VenezuelaGov}}. The YouTube uploader says he received the recording in a VHS from a friend, although I don't know if this is relevant. Cheers. NoonIcarus (talk) 18:46, 26 June 2024 (UTC)
- @NoonIcarus;Buenas según el último párrafo de la licencia en Venezuela ({{PD-VenezuelaGov}}) dice claramente que fueron creados por el sector público o financiado por ellos se considerará del dominio público (osea VTV forma parte del gobierno entonces si puede publicar a Wikimedia los logos qué fueron creados por el sector público) AbchyZa22 (talk) 23:18, 27 June 2024 (UTC)
- Translation (as the person who originally asked speaks English): According to the last paragraph of the license in Venezuela (PD-VenezuelaGov), it clearly states that works created by the public sector or financed by them will be considered public domain (meaning VTV is part of the government, so it can publish to Wikimedia the logos that were created by the public sector). Bremps... 00:32, 29 June 2024 (UTC)
- @Bedivere:Buenas, cuales tu opinión, es posible publicar?? AbchyZa22 (talk) 04:07, 30 June 2024 (UTC)
- Translation (as the person who originally asked speaks English): According to the last paragraph of the license in Venezuela (PD-VenezuelaGov), it clearly states that works created by the public sector or financed by them will be considered public domain (meaning VTV is part of the government, so it can publish to Wikimedia the logos that were created by the public sector). Bremps... 00:32, 29 June 2024 (UTC)
File:Majulah Singapura Orchestra.ogg
File:Majulah Singapura Orchestra.ogg is sourced to YouTube, but there's no indication its been released under an acceptable free license. Even if it was, there's nothing to indicate that YouTube channel is the copyright holder of this particular rendition of the anthem. Is there any way this can be kept per COM:Singapore? -- Marchjuly (talk) 22:55, 28 June 2024 (UTC)
- Can't imagine any chance. I can't see any license at the source, nor on archived versions from late 2022, which was before upload. Carl Lindberg (talk) 14:29, 29 June 2024 (UTC)
- I tagged it as lacking evidence of permission. Felix QW (talk) 09:48, 1 July 2024 (UTC)
File:Malcolm McDowell Clockwork Orange (cropped).png
Any thoughts? UK-filmed film that was also released in US. Unclear if image originates from US or UK trailer. Movie itself almost certainly still copyrighted. Bremps... 00:28, 29 June 2024 (UTC)
- I found the trailer on the Internet Archive https://archive.org/details/vm982760352 & also on Commons here. There is no notice and is credited to being published by Warner Bros; the American distributor. I would imagine it was the American film company that would have handled the distribution of the trailer and would likely have been first published there. PascalHD (talk) 02:01, 29 June 2024 (UTC)
- Files on Commons need to be public domain in their home country and in the United States (excepting free licenses, of course, but that's not happening here). Would this be free in the UK? Or does this not count as UK-made at all? Bremps... 02:14, 29 June 2024 (UTC)
- If the trailer was first published in the US, that would be the country of origin - not where it was created. PascalHD (talk) 16:00, 29 June 2024 (UTC)
- And is there a distinction between us hosting the U.S. trailer in its entirety (U.S.-made, PD in U.S.) and taking a frame from it, when that frame is clearly of UK origin? - Jmabel ! talk 05:24, 29 June 2024 (UTC)
- @Jmabel @PascalHD @Bremps - If the trailer was first published in the United States, or published within the United States within 30 days of its publication in the UK (availability within 30 days is called simultaneous publication in the law), then its country of origin for the purposes of US law is the United States. In other words, it is treated as a US work under US law (and so, for instance, failure to include notice means it is in the public domain, whereas if it were a foreign work it would be copyrighted due to the URAA).
- The work might also be considered a domestic work under UK law for any number of reasons. However, when a work is simultaneously published in the US and some other country, it is a US work (under US law) and we allow for it to be hosted here — if, of course, it is in the public domain in the US. We have a template for this: Template:Simultaneous US publication.
- Remember that "country of origin" under copyright law is not the same as "country where something was made." In fact, they have very little to do with one another for published works. Many films were shot in one country but first published in another country. The country of origin is the country in which the film was first published. The original Star Wars was largely shot in Tunisia but first published in the United States — and is a US work under US law.
- Even if the trailer was edited in the UK, this isn't relevant. Only publication is. In order to be treated as a work of UK origin under US law, a frame of the video would have to have been first published in the UK, and then not published in the US within 30 days.
- Everything in a US trailer published in 1971 without a copyright notice is in the public domain if the trailer is published before the film. Publication of the trailer without a notice is divestive publication, because the copyright holder lost common law copyright by publishing the work. Since no statutory copyright was claimed (because no notice was included), all the published material entered the public domain. All of those frames are in the public domain, too — even taken out of the context of the trailer. (The same frames are still in the public domain if found in and extracted from a print of the larger film, but, of course, they are only a very small minority of the frames included in the full movie. Sometimes, trailers were made only from outtakes, rather than including any of the actual frames used in the released movie — but I know nothing about this particular trailer.)
- D. Benjamin Miller (talk) 06:33, 4 July 2024 (UTC)
- @D. Benjamin Miller: isn't that dependent on the trailer having been made by the (prior) copyright holder? Would the distributor have owned that prior copyright?
- If that first is not the case, does that mean that every time an "underground paper" that didn't bother with copyright used an AP or UPI photo, that photo passed into the public domain? - Jmabel ! talk 18:40, 4 July 2024 (UTC)
- The trailer maker/publisher did not need to be the same entity as the prior copyright holder. It did need to be acting with the authorization of that copyright holder, though. If, say, someone stole the print and released a copy without a notice, that wouldn't be a lawful publication and there would be no divestment.
- Needless to say, the makers of these trailers were universally acting under the authority of the copyright holders for the film.
- Your other case is rather different anyway, but an unauthorized newspaper printing pirated AP photos without a notice didn't put those photos in the public domain. But it should also be noted that stock photos were already published when offered by the wire service for distribution to newspapers, and not only when the newspapers printed them; the photos normally (if copyrighted) included a notice as distributed by the wire service. Still, though, many press photos were published without a notice (although this was not so much for wire photos as it was for publicity shots and the like). D. Benjamin Miller (talk) 18:49, 4 July 2024 (UTC)
- Files on Commons need to be public domain in their home country and in the United States (excepting free licenses, of course, but that's not happening here). Would this be free in the UK? Or does this not count as UK-made at all? Bremps... 02:14, 29 June 2024 (UTC)
Are the works of Jean-Joseph Rabearivelo in the public domain?
Jean-Joseph Rabearivelo died in 1937. Could unaltered texts authored by him be uploaded to Commons or Wikisource? Zanahary (talk) 01:56, 29 June 2024 (UTC)
- @Zanahary: Certainly seems likely. The only thing that might get tricky is if something was initially or simultaneously published in the U.S., but given that he wrote in French that seems very unlikely. Translations would typically not be OK, because the translator would probably have lived until less than 70 years ago. - Jmabel ! talk 05:35, 29 June 2024 (UTC)
- No, why? I think everything which was published in 1929 and later hit the URAA in 1996 and is still copyrighted in the US? Or there is something I am missing here? Ymblanter (talk) 07:31, 29 June 2024 (UTC)
- Agree with Ymblanter here. It seems like Madagascar already had 70 year pma copyright periods in 1996, so that all post-1928 works will still be copyrighted in the US.
- Do I understand correctly that even French simultaneous publication wouldn't help, since although France had 50 years pma in 1996, the 8 year 120 days wartime copyright extension made it copyrighted until April 1996? Felix QW (talk) 10:04, 29 June 2024 (UTC)
- If you take the 8 years and 120 days from the actual date of death, and ignore the end-of-year expirations (which did not happen until after those extensions were given), it may have expired at the end of 1995. I'm not sure there is any guidance on that, but does not make much sense to me to extend to the end of the year first -- I would probably add the 8 years and 120 days to the date of death, then go to the end of that resulting year. So, it might. Madagascar is also interesting... before late 1995 when the new law was in place, they apparently used France's law from 1957 -- but that version did not yet include the wartime extensions, it seems, so they were a straight 50pma.[3] The 1995 law has no mention of repealing the earlier law nor any transitional provisions, so I can't tell if it was retroactive. It has no mention of treatment of works which were public domain at the time of the new law, which is a usual feature of laws which bring back works from the public domain. If it was not retroactive, then this author's works may have also expired in Madagascar, as of 1988. Carl Lindberg (talk) 14:04, 29 June 2024 (UTC)
- About France, was this not discussed many years ago? Although the prorogation for WW2 had been added in 1951, it seems logical that the copyright owners could benefit of the copyright computation according to the 1957 law, first going to the end of the year of death, plus fifty years. And then the war extension, being an extension, would still be added at the end. -- Asclepias (talk) 20:01, 29 June 2024 (UTC)
- It may be the case, but the intent of the end-of-year stuff was to have stuff expire on January 1, not in April. Secondly, the wording of the law is specific that the extensions extend the rights in the earlier 1866 law, not the end-of-year terms which only started in the 1957 law. The wartime extensions were not in the 1957 law (though were inherited from earlier laws and not repealed); I'm not sure they were part of the law which was applied to Madagascar (given that territory would have had different impacts from the wars, and the "died for France" extension may not make much sense there.). It could well be our policy is to take the most conservative possibility, though it makes little sense to me. Carl Lindberg (talk) 21:21, 29 June 2024 (UTC)
- So... yes, in the public domain? :) What about manuscripts scanned and never published? Zanahary (talk) 09:13, 30 June 2024 (UTC)
- @Zanahary: In France, old unpublished works get a new 25 years term. So anything published before 1999 (in 2024) is OK. Or if you have the unpublished manuscript, scan and publish it yourself, you get an exclusive 25 years copyright. Yann (talk) 09:24, 30 June 2024 (UTC)
- There's a website with scans of his old papers. They're not published per se—it's just a bunch of scans. For instance: https://eman-archives.org/francophone/items/show/3743 Zanahary (talk) 09:30, 30 June 2024 (UTC)
- Unfortunately, putting anything on a website is publication. But may be they are willing to publish them under a free license. It usually depends on the commercial value of the documents. Yann (talk) 09:52, 30 June 2024 (UTC)
- Posthumous works get a protection period of 70 years from publication, per Madagascar law. Looks like there is infinite protection for unpublished works there, still. If publication happened after the 70pma period, then that right is owned by the publishers. So, you would need to find publication dates for anything he did, to start with. Works published during his lifetime have a decent argument, afterwards gets a lot less likely. I think the former French law was similar, though with a term of 50 years instead of 70. Carl Lindberg (talk) 16:04, 30 June 2024 (UTC)
- There's a website with scans of his old papers. They're not published per se—it's just a bunch of scans. For instance: https://eman-archives.org/francophone/items/show/3743 Zanahary (talk) 09:30, 30 June 2024 (UTC)
- @Zanahary: In France, old unpublished works get a new 25 years term. So anything published before 1999 (in 2024) is OK. Or if you have the unpublished manuscript, scan and publish it yourself, you get an exclusive 25 years copyright. Yann (talk) 09:24, 30 June 2024 (UTC)
- So... yes, in the public domain? :) What about manuscripts scanned and never published? Zanahary (talk) 09:13, 30 June 2024 (UTC)
- It may be the case, but the intent of the end-of-year stuff was to have stuff expire on January 1, not in April. Secondly, the wording of the law is specific that the extensions extend the rights in the earlier 1866 law, not the end-of-year terms which only started in the 1957 law. The wartime extensions were not in the 1957 law (though were inherited from earlier laws and not repealed); I'm not sure they were part of the law which was applied to Madagascar (given that territory would have had different impacts from the wars, and the "died for France" extension may not make much sense there.). It could well be our policy is to take the most conservative possibility, though it makes little sense to me. Carl Lindberg (talk) 21:21, 29 June 2024 (UTC)
- About France, was this not discussed many years ago? Although the prorogation for WW2 had been added in 1951, it seems logical that the copyright owners could benefit of the copyright computation according to the 1957 law, first going to the end of the year of death, plus fifty years. And then the war extension, being an extension, would still be added at the end. -- Asclepias (talk) 20:01, 29 June 2024 (UTC)
- @Felix QW: Yes, according to URAA artist and France wartime extensions URAA, for URAA, 1936 is ok, 1937 is not ok. -- Asclepias (talk) 20:01, 29 June 2024 (UTC)
- If you take the 8 years and 120 days from the actual date of death, and ignore the end-of-year expirations (which did not happen until after those extensions were given), it may have expired at the end of 1995. I'm not sure there is any guidance on that, but does not make much sense to me to extend to the end of the year first -- I would probably add the 8 years and 120 days to the date of death, then go to the end of that resulting year. So, it might. Madagascar is also interesting... before late 1995 when the new law was in place, they apparently used France's law from 1957 -- but that version did not yet include the wartime extensions, it seems, so they were a straight 50pma.[3] The 1995 law has no mention of repealing the earlier law nor any transitional provisions, so I can't tell if it was retroactive. It has no mention of treatment of works which were public domain at the time of the new law, which is a usual feature of laws which bring back works from the public domain. If it was not retroactive, then this author's works may have also expired in Madagascar, as of 1988. Carl Lindberg (talk) 14:04, 29 June 2024 (UTC)
One of Parlophone Records logos
Is one of the Parlophone Records logos seen in the File:Excerpt from "A Teenage Opera" by Keith West UK vinyl single.png in the public domain in the UK? What about the other logo version (File:Parlophone logo.svg)? George Ho (talk) 11:11, 29 June 2024 (UTC)
- I am not sure it is necessarily under TOO UK. The interesting thing is, though, that this advertisement suggests that the logo may have been in use already in 1927, in Germany. It does not seem to me to be above TOO Germany, and if it was used before 1928, its American copyright would have lapsed on the design in either case. This is separate to issues with the specific svg and potential vectorisation copyright. Felix QW (talk) 12:06, 29 June 2024 (UTC)
- As indicated by images from discogs, history of singles, and an image from archive.org, the use of the "L" (which almost resembles the pound sterling sign £) goes back in 1910s, so I figured it must've been a German work rather than British. Furthermore, Parlophon(e) started out as a German record company in 1890s and established its British asset in 1920s. Right? George Ho (talk) 17:58, 29 June 2024 (UTC)
- Sounds right! Felix QW (talk) 10:13, 30 June 2024 (UTC)
- And what about the "45" logo in the 1960s singles? George Ho (talk) 15:02, 30 June 2024 (UTC)
- I am not an expert in the British threshold of originality, but to me that could already be beyond it. My comment was directed at the logo itself rather than this concrete image of the record. Felix QW (talk) 09:52, 1 July 2024 (UTC)
- And what about the "45" logo in the 1960s singles? George Ho (talk) 15:02, 30 June 2024 (UTC)
- Sounds right! Felix QW (talk) 10:13, 30 June 2024 (UTC)
- As indicated by images from discogs, history of singles, and an image from archive.org, the use of the "L" (which almost resembles the pound sterling sign £) goes back in 1910s, so I figured it must've been a German work rather than British. Furthermore, Parlophon(e) started out as a German record company in 1890s and established its British asset in 1920s. Right? George Ho (talk) 17:58, 29 June 2024 (UTC)
Belgian FOP and heavy retouching
The English version of {{FoP-Belgium}} it states «[...] provided that the reproduction or the communication of the work is as it is found there [...]» and if I'm not mistaken it restricts the modification that one can make on a photo. So, my question is if File:Asterix&Obelix Brussels-cropped2.png is an allowed DW of File:Comic wall Asterix & Obelix, Goscinny and Uderzo. Brussels.jpg. My intuition suggest it is not as the DW doesn't look like a photo taken on a mural and part of the DW is interpolating the gaps after removing the surrounding characters, but maybe the experts on the Belgian copyright have a different opinion. Günther Frager (talk) 18:31, 30 June 2024 (UTC)
- @Günther Frager I can't speak on the condition imposed by the Belgian FoP that was lobbied by the Wikimedians there way back 2016 (ping @Romaine: who actively lobbied for introduction of FoP there). My understanding tells me that the FoP of Belgium seems aligning to its peers (Dutch FoP, German FoP), in which excessive modification to the point that the integrity of the depicted work is affected is already a breach of the FoP rules. Cropping out all surrounding elements (like the sky, ground or grass et cetera) so that the image consists of an exact reproduction of a building, sculpture et cetera is one of such excessive modifications. Germany, where FoP originated, does not allow radical forms of digital editing, such as changing the colors of their public monuments. JWilz12345 (Talk|Contrib's.) 01:49, 1 July 2024 (UTC)
- @JWilz12345: How do you think rules like that are compatible with the whole "for any purpose" thing in the guidelines? --Adamant1 (talk) 01:54, 1 July 2024 (UTC)
- @Adamant1 I cannot comment on the possible conflict of the German FoP to both commercial-type CC licenses (like {{CC-zero}} and {{CC-BY-SA-4.0}} and the FreedomDefined.org position that some German Wikimedians claimed as "extremist" and unrealistic, in the context of images of buildings and public monuments of Germany. It was debated on FoP talk page (see Commons talk:Freedom of panorama/Archive 1#Germany). Let's ping again the participants on that late-2000s discussion that have still contributed/made edits on Commons from 2022 up to this day: @H-stt, Historiograf, Wuselig, Jeff G., Micheletb, and ALE!: . At worst, meta:Creative Commons Foundation should have a public and solid statement regarding the nuances of Freedom of Panorama even in countries that we consider as having suitable FoP for Commons, like Germany, Belgium, the Netherlands, Malaysia, Hong Kong, mainland China, Singapore, India, Australia, and New Zealand. JWilz12345 (Talk|Contrib's.) 02:19, 1 July 2024 (UTC)
- The Definition of Free Cultural Works is a good tool for identifying free licenses — that is, for defining what permissions a copyright holder must give in order for a work to be considered a free cultural work. While the Definition incidentally encompasses works whose copyright has expired, defining the bounds of the public domain was never its main purpose. This background should be taken into account especially with respect to the boundaries of exceptions to the rights of copyright holders and the boundaries of what kinds of works are subject to copyright in the first place. I think that some of the interpretations given on the page you link are too literal, and, by applying the Definition in a context where it was not meant to apply, sort of miss the forest for the trees.
- I hope to make this make sense by addressing the US' FoP for architecture that @Clindberg discusses below. When the US joined the Berne Convention, it had to apply some form of copyright to architectural works per se, which it had never done before. In many (though not all) Berne parties (including those which joined before the US), there have long been exceptions to copyright which allow for pictures of buildings to be used freely. While Berne does not have a provision singling out this specific exception, it seems to easily fall within the freedom of member states to legislate exceptions to the exclusive right to reproduce a copyrighted work, as long as each exception "does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author."
- In particular, this sort of exception makes perfect sense for architecture. The "normal exploitation" of architectural plans is done by constructing the building. The core interest of an architect is in the construction of buildings, not their depiction. Even in those (relatively few) countries which, like France, provide for the compensation of architects whenever a building they have designed is depicted in other art, the interest in the actual construction is necessarily more crucial, since those depictions cannot be made in the first place if the building is not actually constructed and placed somewhere where it may be photographed. The design of fantasy buildings — those one might see in a cartoon or video game — does not require actual architectural work, further emphasizing that the central interest of an architect is in the construction of actual buildings, rather than the depiction of mere appearances of buildings.
- If we interpret the "for any purpose" clause entirely literally, then, presumably, any photo would be non-free which has, for instance:
- Some de minimis copyrighted poster in the background... because the photo could be cropped to highlight that copyrighted element
- Some copyrighted building... because someone could perhaps attempt to design and construct a new building based on its appearance in the photo
- I think this ultra-strict interpretation of the Definition of Free Cultural Works is totally implausible, especially in light of the fact that it says that a free work remains a free work even when it (for instance) includes some limited quotes from non-free sources (with the caveat that those quotes themselves don't become free by incorporation) — not to mention the other exceptions in the Definition.
- In terms of freedom, though, I think we can distinguish between architectural and non-architectural works by drawing the distinction I give above based on the purpose and use of a work type (i.e., the central interests). It is impossible to actually build a building just by manipulating a photo; transformation of a pictural representation back into an actual work of architecture which can be exploited is essentially impossible (it requires, in essence, doing the architecture all over again). In a country where there is architectural FoP, the normal re-use of a photo of a building is highly unlikely to interfere with the central aspects of normal exploitation of the architectural work per se.
- Sculptures are easier to reproduce from a reference photo than buildings, and photos of sculptures are far closer to the sculpture's core normal exploitation than photos of an architect's building. So, even in a country where FoP for sculptures exists (I discuss the distinct matter of jurisdictional issues below) a photo that primarily depicts a sculpture is arguably "mostly non-free" because of how close to the central aspects of normal exploitation the reproduction gets. (Where you draw a line is a different question.) Still, though, the free aspects of the photograph — the positioning and lighting — can be worth something; the creation of a photo of a 3D work can normally create a new copyright, and so the licensing of the photo as a free work is still potentially relevant. Relatedly, casting the work from a 3D sculpture into a 2D image is transformative rather than being completely literal copying.
- For flat images, though, matters are quite different. If the image is copyrighted, then the reproduction of the flat image is the main way in which the work is normally exploited, and the work can trivially (and perhaps carelessly) reused in exactly the same way the work itself would normally be exploited. Even if the image is off-axis in the photograph, restoring it to its proper alignment is a technical and mechanical adjustment, not a creative one; in most countries, it is unlikely that a simple photograph of a mural would even quality as an original work. Extracting the original 2D image from a (even potentially off-axis) photo of a mural is the reproduction of the original creative work in its actual form, with no transformation whatever. This is akin to scanning a 3D sculpture or getting the architectural plans of a building. Even where FoP does apply to 2D works, it is almost always primarily intended to allow for the capture of entire scenes, not for the duplication of the 2D artwork itself, just as the freedom of panorama in a sculpture garden would not permit the 3D scanning and duplication of the copyrighted sculptures.
- To whatever extent the Definition of Free Cultural Works (as opposed to jurisdictional issues/legal requirements, which are entirely distinct) is an important factor, I think this test can be used to roughly estimate the prominence of the non-free portion of the work in comparison with the free portion. Taking this info account:
- Photos of buildings — Highly unlikely to interfere with core exploitation of architectural work (construction). Photograph itself is generally copyrightable (positioning, selection, angles, etc.) and its licensing as a free cultural work is valuable. Free work with small non-free component.
- Landscape with de minimis inclusion of non-free elements — Difficulty of interference by a user who wants to interfere with core exploitation depends (on kind of work, how it's depicted, what quality is even left in its context, etc). Nevertheless, the non-free component is necessarily small in comparison to the free work itself.
- Photos of sculptures/3D art — Transformative, but has significant potential to interfere with core exploitation (both because sculptures can be made AND because derivative photographs are more key to exploitation of sculptures than to that of buildings). Photograph itself is usually copyrightable (positioning, selection, angles, etc.) and its licensing as a free cultural work is valuable. Free work with potentially significant non-free component.
- Photos of 2D art — Interferes almost trivially with core exploitation. To the extent that it is a faithful reproduction of the image, almost always uncopyrightable (compare PD-Art). Status as an actual "work" is debatable to begin with, and if the real work depicted is non-free, this is at best a fundamentally non-free work with a thin "free" wrapping.
- D. Benjamin Miller (talk) 23:13, 3 July 2024 (UTC)
- @Adamant1 I cannot comment on the possible conflict of the German FoP to both commercial-type CC licenses (like {{CC-zero}} and {{CC-BY-SA-4.0}} and the FreedomDefined.org position that some German Wikimedians claimed as "extremist" and unrealistic, in the context of images of buildings and public monuments of Germany. It was debated on FoP talk page (see Commons talk:Freedom of panorama/Archive 1#Germany). Let's ping again the participants on that late-2000s discussion that have still contributed/made edits on Commons from 2022 up to this day: @H-stt, Historiograf, Wuselig, Jeff G., Micheletb, and ALE!: . At worst, meta:Creative Commons Foundation should have a public and solid statement regarding the nuances of Freedom of Panorama even in countries that we consider as having suitable FoP for Commons, like Germany, Belgium, the Netherlands, Malaysia, Hong Kong, mainland China, Singapore, India, Australia, and New Zealand. JWilz12345 (Talk|Contrib's.) 02:19, 1 July 2024 (UTC)
- @JWilz12345: How do you think rules like that are compatible with the whole "for any purpose" thing in the guidelines? --Adamant1 (talk) 01:54, 1 July 2024 (UTC)
- Hi Günther Frager, The example File:Asterix&Obelix Brussels-cropped2.png is modified, shows only a part of the image and no longer the situation as it is on the location. FoP in Belgium states that objects photographed are allowed as long as they are depicted as on location. As that is no longer the case here, this image is copyrighted and not allowed on Commons. (PS: I lobbied in the Belgian parliament for FoP and FoP came officially in force in 2016.) Romaine (talk) 02:26, 1 July 2024 (UTC)
- The Berne Convention allows FoP type of limitations to copyright, but they also say that any such allowed uses cannot go to the point they prejudice the normal exploitation of the work -- I've always taken that to mean you can't make a sculpture of a sculpture, or make an effective copy of a 2-D work by cropping to just that work and exclude its public context, etc. I think once you remove the public context, you are also going outside any FoP permissions, and are a direct usage of the original work (i.e. the photographic expression, the work using FoP, is gone). It is a direct usage/derivative of the original, without the photographic expression being present. So, I would say this is a problem. We have always accepted that as an OK limitation to host FoP works -- you can make a derivative work of the photograph, but not to the point there is no photograph left. Carl Lindberg (talk) 05:00, 1 July 2024 (UTC)
- @Clindberg the Berne Convention does not mention anything resembling FoP. It only states that member states can make a list of exceptions/limitations to copyright, as long as normal exploitation of the work is not prejudiced. FoP may be one of these limitations, but there are also limitations on educational, research, and other uses. At least, there was an attempt in the past to have an architectural FoP be explicitly-mentioned in the treaty, from the meetings between WIPO and UNESCO in 1986 (see meta:Freedom of Panorama#A close call: 1986 WIPO-UNESCO proposal for global architectural FoP). For some reason, though, no such architectural FoP provision is present in the treaty. In fact, a few scholars and architects, like Architect Clark Thiel (1990), argued that the American FoP (Section 120(a) of U.S. Copyright Act) is a violation of the treaty, since the treaty "requires that copyright protection extend to the exclusive right of adaptation for all protected works, including architectural works." Unsure if there is anti-FoP sentiment among a few American architects and scholars today. JWilz12345 (Talk|Contrib's.) 05:16, 1 July 2024 (UTC)
- Correct, Berne does not mention FoP, but does restrict limitations such that the normal exploitation is not prejudiced. Effectively making a copy of the work on display is pretty much squarely in direct competition with the original, and I think would violate that Berne clause. FoP clauses are typically in the list of limitation clauses that laws have, pursuant to that Berne article. So I don't think FoP provisions can go that far. Interesting that a Berne clause specifically about architecture was discussed. I don't think the U.S. law violates Berne -- another architect making a derivative work of a building is a problem without permission; architecture has derivative work protection. The law simply states that the specific case of photographs of buildings (located in public places) are not derivative works basically (it's not within the scope of the architectural copyright). It's in line with FoP clauses elsewhere. Photographs of buildings are not part of the "normal exploitation" of a building. Carl Lindberg (talk) 05:46, 1 July 2024 (UTC)
- @Clindberg I think that the minority group of U.S. architects who opposed AWCPA's Sec. 120(a) way back in early 1990s based their arguments on the French copyright rules, that unambiguously does not allow commercial uses of images of architecture. Still, at least in a small circle within the scholarly and architectural community, the Section 120(a)'s compliance with the Berne has been put into question. JWilz12345 (Talk|Contrib's.) 06:02, 1 July 2024 (UTC)
- That was from when the law was first going in, and architecture (beyond the drawing copyright of plans) was getting protection for the first time. The U.S. law also plainly stated that the text of the Berne Convention is not legally binding in the U.S.; only the text of the incorporating law. They could file a complaint with the WTO these days I guess but that type of limitation seems clearly in line with what Berne allows. (The U.S. did try to avoid restoring copyright; countries did complain about that, which eventually led to the URAA restorations as that was the compromise.) What France chooses to allow has no effect in the U.S. I don't think there is any serious challenge to it; the lawmakers clearly did not want to change the ability to take photos of buildings which had been fine forever in the U.S. Carl Lindberg (talk) 06:08, 1 July 2024 (UTC)
- @Clindberg I think that the minority group of U.S. architects who opposed AWCPA's Sec. 120(a) way back in early 1990s based their arguments on the French copyright rules, that unambiguously does not allow commercial uses of images of architecture. Still, at least in a small circle within the scholarly and architectural community, the Section 120(a)'s compliance with the Berne has been put into question. JWilz12345 (Talk|Contrib's.) 06:02, 1 July 2024 (UTC)
- Correct, Berne does not mention FoP, but does restrict limitations such that the normal exploitation is not prejudiced. Effectively making a copy of the work on display is pretty much squarely in direct competition with the original, and I think would violate that Berne clause. FoP clauses are typically in the list of limitation clauses that laws have, pursuant to that Berne article. So I don't think FoP provisions can go that far. Interesting that a Berne clause specifically about architecture was discussed. I don't think the U.S. law violates Berne -- another architect making a derivative work of a building is a problem without permission; architecture has derivative work protection. The law simply states that the specific case of photographs of buildings (located in public places) are not derivative works basically (it's not within the scope of the architectural copyright). It's in line with FoP clauses elsewhere. Photographs of buildings are not part of the "normal exploitation" of a building. Carl Lindberg (talk) 05:46, 1 July 2024 (UTC)
- @Clindberg the Berne Convention does not mention anything resembling FoP. It only states that member states can make a list of exceptions/limitations to copyright, as long as normal exploitation of the work is not prejudiced. FoP may be one of these limitations, but there are also limitations on educational, research, and other uses. At least, there was an attempt in the past to have an architectural FoP be explicitly-mentioned in the treaty, from the meetings between WIPO and UNESCO in 1986 (see meta:Freedom of Panorama#A close call: 1986 WIPO-UNESCO proposal for global architectural FoP). For some reason, though, no such architectural FoP provision is present in the treaty. In fact, a few scholars and architects, like Architect Clark Thiel (1990), argued that the American FoP (Section 120(a) of U.S. Copyright Act) is a violation of the treaty, since the treaty "requires that copyright protection extend to the exclusive right of adaptation for all protected works, including architectural works." Unsure if there is anti-FoP sentiment among a few American architects and scholars today. JWilz12345 (Talk|Contrib's.) 05:16, 1 July 2024 (UTC)
- The picture being in Bruxelles, Belgian law applies. It states two conditions :
- «the reproduction [...] is as it is found there», which implies that the picture cannot be edited and modified.
- «this reproduction [...] does not cause unreasonable harm to the legitimate interests of the author», which means that it cannot be used comercially without limits (as explicited by the legistative discussion).
- Tipically, File:Asterix&Obelix Brussels-cropped2.png cannot be printed on a T-shirt to be commercialized, which is equivalent in effect to a CC-NC licence, not accepted on Commons (even though its presence in Wikipedia pages would be legal with respect to that point of view). But in the first place, its being cropped and edited infringes the first condition, which is equivalent in effect to a CC-ND clause in that case. The picture therefore cannot be uploaded on Commons and must be deleted.
- Freedom of panorama in Belgium allows for instance pictures of the atomium, because such pictures can be reproduced without authorization or payment, and their reproduction cannot cause an unreasonable harm to the author's rights. This is why it is acceptable on Commons. It does allow for pictures like File:Comic wall Asterix & Obelix, Goscinny and Uderzo. Brussels.jpg, because the wall is reproduced as-is, and that reproduction does no harm to Uderzo's interests. But {{FoP-Belgium}} is definitively not equivalent to a CC-BY-SA, so derivative works should be considered with caution. This is why it is in Category:Restriction tags. It is the same problem as with the de minimis clause : a picture may be acceptable on commons even though an excerpt of it would not, it is the responsibility of the editor to remain within the legal limits.
- Michelet-密是力 (talk) 08:17, 1 July 2024 (UTC)
- My (very limited) understanding of the Belgian law is that while cropping of the mural is permitted, isolating elements is not, as they don't appear as shown on the public wall. Here both the individual figures have to go as copyvios. h-stt !? 18:02, 1 July 2024 (UTC)
- This entire discussion highlights the legal and practical absurdity of the Commons community's position on the freedom of panorama.
- First and foremost, Wikimedia Commons is based and hosted in the United States. Much as a work falling into the public domain in its country of origin does not mean it enters the public domain in the United States, some exception or limitation to copyright law in a foreign country does not mean that limitation or exception applies in the United States. Under United States copyright law, photographs of buildings don't infringe a copyright in the architecture depicted. However, photographs of artwork do reproduce that artwork, and, where that artwork is not in the public domain in the US, such photographs can be infringing.
- The basic argument here boils down to:
- Claim: This work is displayed in a public place in Belgium.
- This much I think we can all acknowledge.
- Claim: There is a "freedom of panorama" exception in Belgium that allows for the free reproduction of this work.
- This much is not exactly true. There is an exception, but it is highly limited. I have consulted the source, which is available in its official and authoritative form on WIPO-Lex in both Dutch and French. Here is my translation (from the French), for those who do not understand French or Dutch:
Art. XI.190. When a work has been lawfully disseminated, the author cannot prohibit: [...]
2/1. the reproduction and communication to the public of works of plastic, graphical or architectural art designed to be placed permanently in public places, so long as such reproduction or communication is of the work as it is found [in that public space] and neither interferes with the normal exploitation of the work nor unjustly prejudices the legitimate interests of the author.
- There are two key problems here, which mean that this "freedom of panorama" is actually quite limited, and clearly does not allow the kind of use we see here.
- The reproduction must depict the work as it is found in the place where it is displayed (telle qu'elle s'y trouve). There are two potential readings of this clause, both of which cause problems.
- The work must be displayed within the context of the place where it is found, and cannot be separated from that context — since it would then be reproduced in a way other than that in which it is actually found on display. In other words, isolation of the work and its separation from the situation in which it is displayed would be outside of the scope of the exception.
- The work can only be reproduced in the form in which it is displayed, and the exception only applies if no changes are made. In this case, retouching of the work would be outside of the scope of the exception.
- The reproduction of the work cannot interfere with the normal exploitation of the work or prejudice the legitimate interests of the author.
- The reuse of the isolated work within many contexts would interfere with the normal exploitation of the underlying copyrighted work. For instance, if these drawings of Astérix and Obélix were used as the basis for new derivative works (comic books featuring these character designs), that would clearly interfere with the legitimate interests of the author — or otherwise copyrights would become worthless in Belgium for any work permanently exhibited in a public place.
- The reproduction must depict the work as it is found in the place where it is displayed (telle qu'elle s'y trouve). There are two potential readings of this clause, both of which cause problems.
- My real question is this. What was the meaning of the law? Which of the following was intended?
- (As some propose) That any work permanently displayed in a public place is, for most intents and purposes, fair game to be reproduced and reused, including in derivative works? That is, that the display of comic book characters in an authorized poster or mural would mean that these characters could be freely reproduced in other contexts (e.g., in a collage) as long as the user could point back to this public display?
- (Or, as I propose) That the exception is intended only as a limited one, allowing for the reproduction of images of public spaces, even where copyrighted artwork is displayed within that public space — as long as the purpose behind the reproduction was not to interfere with the interests of the copyright holder of the artwork? I think the intended meaning is that, say, a picture of the unmodified mural could be included as a prominent part of a depiction of the public place in which it is displayed, but that most depictions of the mural itself, or of its constituent elements, would not fall within the exception. The purpose of the law was clearly not to make any item on public display freely reusable — only to allow for easier photography of public places themselves, with strict limits on reuse of those work outside of the depiction of how they are publicly displayed (telles qu'elles s'y trouvent).
- The mural itself is a comic book illustration recontextualized by its display on a public wall. I cannot understand any sensible explanation for how undoing that recontextualization by isolating the illustration and placing it back in the essential form of the illustration itself (whether in print or on a computer screen) would be any different from taking the image from an original comic book page direction. I'll acknowledge that within a certain new context, use of an image of the character Astérix might fall under the other more general exceptions in Belgian law (which, though narrower, are the rough conceptual equivalent of fair use in US law). Whether the illustration is sourced from a wall or a printed page, the effect on the interests of the author are the same. The depiction of a work's public display is another specific context in which a limited reuse can be made (similar to other reproductions which do not affect the core interests of the author), not a free pass for general reuse.
- This much is not exactly true. There is an exception, but it is highly limited. I have consulted the source, which is available in its official and authoritative form on WIPO-Lex in both Dutch and French. Here is my translation (from the French), for those who do not understand French or Dutch:
- Separate Claim: It is OK to reuse this work freely on Wikimedia Commons (based in the United States) on the theory that exceptions in foreign copyright law can be applied within the US context.
- I find this claim extremely implausible. It is true that there is a lack of US case law on the specific issue of foreign freedom of panorama laws. However, the notion that foreign exceptions to copyright are intended to apply in the United States is without any real justification. It is clear, for instance, that US law, not foreign law, determines a work's term of copyright in the United States; this term may be longer or shorter than that in other countries. While in certain cases (e.g., determining the ownership of a copyright), foreign law may be relevant, there are specific reasons why, and those are the exception, not the rule.
- In particular, the TRIPS Agreement's provision on National Treatment (TRIPS, Part I, Article 3) requires that each country grant IP protections to foreign nationals no less favorable than that accorded to its own nationals, subject to the exceptions provided for in existing conventions. The Berne Convention allows for both exceptions based on use (which can be used to carve out exceptions such as fair use, as the US does). But the exception allowing for fair use is not an exception to the national treatment rule, unlike the rule of the shorter term (which is allowed but not required under the Berne Convention, and which the US does not apply, except for determining URAA restoration eligibility). The US allowing for fair use on an equal basis for works (independent of the nation of origin) is OK; allowing for the application of exceptions from foreign law specifically in order to weaken protections based on the source country of a work is a clear violation of the National Treatment principle.
- Similarly, the Berne Convention says (in Article 5), "[A]part from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed." No provision provides for the application of foreign exceptions appears in the Berne Convention.
- Some editors point to the Oldenburg DMCA claim, where a DMCA takedown notice issued for pictures of a statue located in Germany was complied with by WMF Legal, as a sign that the WMF "endorses" lex loci protectionis (i.e., the application of US law, despite whatever exceptions may exist in a foreign law) to Commons. While I think this "endorsement" is correct, it is really not important whether or not the WMF "endorses" the principle; it is important what the principle is.
- This is a more general issue — one for a separate and larger conversation — but one which WMF Legal really needs to address. Right now, Commons users generally feel free to reproduce objects found in public spaces, so long as the country in which the item is displayed (or from which the picture is taken, but that's the same country 99.9999% of the time) has some sort of freedom of panorama-type exception allowing for such reproduction.
- US law says this is fine for buildings — but not for copyrighted sculptures or murals. So there is a ton of content which is non-free in the US, even if free in its country of display. (As we see in this case, though, the freedom of panorama exception is not necessarily a free-for-all permission to reuse the work. In many cases, the exceptions are limited in scope and rather context-dependent — much like other exceptions, such as fair use.)
- While some uses of depictions of publicly displayed (non-architectural) art might be acceptable under US law's fair use provisions, this depends on the actual use made; such images are not free to use for any purpose. (Nor, in many cases, are they free to use for many purposes in the country of display.) These works are not free in the sense required by the Definition of Free Cultural Works, which is the sense incorporated into the Wikimedia Licensing Policy. And Wikimedia Commons has never adopted an Exemption Doctrine Policy defining the context in which non-free works may be used on the project.
- I find this claim extremely implausible. It is true that there is a lack of US case law on the specific issue of foreign freedom of panorama laws. However, the notion that foreign exceptions to copyright are intended to apply in the United States is without any real justification. It is clear, for instance, that US law, not foreign law, determines a work's term of copyright in the United States; this term may be longer or shorter than that in other countries. While in certain cases (e.g., determining the ownership of a copyright), foreign law may be relevant, there are specific reasons why, and those are the exception, not the rule.
- Implied Claim: Belgium is the relevant source country for this work.
- Even if we accept the application of foreign copyright exceptions under US law (which, as I detail above, we shouldn't), I don't think this is really plausible. This is, as discussed, either a direct reproduction or close derivative of artwork from the Astérix comic books. The Astérix characters were designed and first drawn by the French artist Albert Uderzo, and the original works were published in France. The fact that artwork from Astérix was later displayed in Belgium doesn't make this a "Belgian" work — why should the Belgian exceptions apply just because a French work happened to be displayed in Belgium.
- What this rule amounts to — and this is one that is commonly naively applied in Commons FoP cases — is the application of whichever country's exceptions can be seen as the most relaxed. When the same work is displayed in multiple countries, where some have an exception which can plausibly used to justify reproduction, while others do not, the de facto Commons community position is that whichever exception is the most liberal can be used to justify the (worldwide/US) reproduction of the work.
- Taking this rule seriously, reproduction of a work first published in the US by an American author can be justified on Commons if a copy of this work can be found on public display in a country whose FoP exception is interpreted by the Commons community as allowing such reproduction. There are many such cases relating to US-origin cartoon characters on Commons. (While this mural is authorized by the Astérix copyright holders, the Commons community seems to apply FoP even to clearly unauthorized graffiti of cartoon characters, allowing for an absurd kind of FoP-laundering whereby a copyrighted image can be uploaded to Commons as long as it is a photo of a pirated copy put on a wall in a public place in the right country.)
- This relates to a more general problems with the "country of origin" principle. The "country of origin" of a copyrighted work is not necessarily the country where it is displayed, nor the country with which it is popularly associated, nor the country in which it was created or even just a single country (as various countries could consider a work to be a domestic work under their own law, e.g., based on publication or the nationality of the author).
- The country of origin principle is problematic for works displayed in multiple countries, or which are derivative of works from another country. The display in Belgium comes long after initial publication of Astérix, but it is undeniably the display (either directly or as a derivative work) of the original Astérix illustrations and/or characters. Was the original Astérix comic even simultaneously published in Belgium and France? It's plausible, but, for all the previously given reasons, that's highly unlikely to have any relevance.
- Under the Berne Convention, simultaneous publication means that one image can have multiple countries of origin; a foreign work is considered . Depending on how this is interpreted, this image could be considered a domestic work by many countries (those which recognize it as "published" because it is, through Commons, accessible in that country), in the US (because Commons is based in and serves files from the US) and so on.
- The US incorporates its own "source country" test into the URAA. Under that test (Copyright Office explainer), the (single) source country for non-US works simultaneously published in multiple countries is determined based on which country has the strongest connection to the work. Being exclusively created by French authors in France, and without any potential ties to Belgium other than (let's hypothesize, for the sake of argument) simultaneous publication there, the underlying work here is a French one, not a Belgian one. (And France infamously does not have any FoP exception that could plausibly support reproducing murals in this context.)
- Even if we accept the application of foreign copyright exceptions under US law (which, as I detail above, we shouldn't), I don't think this is really plausible. This is, as discussed, either a direct reproduction or close derivative of artwork from the Astérix comic books. The Astérix characters were designed and first drawn by the French artist Albert Uderzo, and the original works were published in France. The fact that artwork from Astérix was later displayed in Belgium doesn't make this a "Belgian" work — why should the Belgian exceptions apply just because a French work happened to be displayed in Belgium.
- Claim: This work is displayed in a public place in Belgium.
- TL;DR: These images are not eligible for Commons.
- There are significant restrictions on Belgian FoP, meaning these images are non-free (by any sensible reading of the Definition of Free Cultural Works) even upon applying the most liberal reading of the Belgian exception
- This is especially true for elements of murals. While the same exception (textually) applies to works of architecture in the Belgian law, there is little practical chance that a photo of a building can be easily transformed back into an actual building design (compare the US law's allowance for photos of buildings but prohibition on building a new building based on a copyrighted design); these drawings have already been transformed into (essesntially) the best form for infringing upon the author's (still protected) interests.
- It's highly implausible that foreign copyright exceptions ever apply directly in the US — and Commons is based in the US.
- US copyright exceptions might sometimes apply in the same circumstances where Belgian ones do, but this is totally different from Belgian exceptions applying in the US.
- Even if foreign copyright exceptions did apply under US law, this is either a French-origin work which happens to also be displayed in Belgium or derived from a French-origin work.
- There are significant restrictions on Belgian FoP, meaning these images are non-free (by any sensible reading of the Definition of Free Cultural Works) even upon applying the most liberal reading of the Belgian exception
- D. Benjamin Miller (talk) 21:55, 3 July 2024 (UTC)
- @D. Benjamin Miller @Micheletb the current version of the Belgian law excludes the final part, being confined up to the condition that the work must be depicted as it is found there. See COM:FOP Belgium note on the latest amendment which I added a long time ago. JWilz12345 (Talk|Contrib's.) 23:31, 3 July 2024 (UTC)
- Good catch. You're right that this isn't the latest version, but you're wrong to think that the condition was removed. The version in WIPO-Lex is apparently a few months older than the current version of the law. The current version does omit the "normal exploitation" condition from that clause. But that's only because it was moved to another clause. This restriction still fully applies (it's part of how Belgium implements the Berne three-step test); it's just put in one place rather than repeated in different sections.
- In the current version of the law, we find the following article, added in the 2022 amendment:
Art. XI.192/3 The exceptions provided for in articles XI.189, XI.190, XI.191, XI.191/1, XI.191/2, XI/192 (Section 1, Paragraph 2), XI.192/1 and XI.192/2 are only applicable insofar as much as they do not affect the normal exploitation of the work or database and so not unjustly prejudice the legitimate interests of the rightsholder.
- As this exception falls under Art. XI.190, this restriction on its application still applies. Accordingly, I am going to edit the COM:FOP Belgium page in order to reflect what the law actually says. D. Benjamin Miller (talk) 00:05, 4 July 2024 (UTC)
- The "normal exploitation" wording is part of the Berne Convention, so any country where that is self-executing (a good many of them) that limitation is in the law even if not explicitly mentioned. Even where countries have 2-D FoP, I don't think you can crop to just the work (since that would compete directly in the marketplace with a copy or print from the original copyright owner). A 3-D sculpture is usually fine, if there are FoP provisions, but particularly for 2-D, it really should almost aways show the public context. Carl Lindberg (talk) 20:17, 4 July 2024 (UTC)
- @D. Benjamin Miller going back to the Asterix case, based on your analysis, should all images at Category:Parcours BD (Astérix et Obélix) be filed for deletion? Per w:en:Asterix#Publication history, it appears the first instance of publication was in a French magazine in 1959. JWilz12345 (Talk|Contrib's.) 23:27, 4 July 2024 (UTC)
- I opened an extended topic at the section "Copyrighted characters from no-FoP states displayed as murals et cetera in yes-FoP states" below, as it may also impact hundreds of images and Flickr / panoramio imports. Some past deletion requests with "kept" closures may need to be reassessed and (if found to be showing a character from a no-FoP country like France, Japan or U.S.), reopened/renominated. JWilz12345 (Talk|Contrib's.) 06:59, 5 July 2024 (UTC)
- @D. Benjamin Miller @Micheletb the current version of the Belgian law excludes the final part, being confined up to the condition that the work must be depicted as it is found there. See COM:FOP Belgium note on the latest amendment which I added a long time ago. JWilz12345 (Talk|Contrib's.) 23:31, 3 July 2024 (UTC)
User:Studio Harcourt
Can someone check User:Studio Harcourt ticket #2010061710041251 to see what images it covers, just the ones loaded, the entire historical archive, or those images taken after 1991. RAN (talk) 20:02, 30 June 2024 (UTC)
- The way it was stated on the page of User:Studio Harcourt by the OTRS member who processed the ticket in 2010, and consequently the way we, ordinary users, have understood the situation since then, the ticket #2010061710041251 is essentially a confirmation that the Commons account User:Studio Harcourt officially represented the Studio Harcourt. Consequently, we can conclude that the license (which is CC BY 3.0), placed by that account on the photos uploaded by that account, is valid. The matter is also referenced in the press reports listed on the page Commons:Studio Harcourt. The reply that you obtained yesterday from a VRT member at Commons:VRT/Noticeborad likely means the same thing. Given that the ticket is essentially related to that Commons account, it covers the photos uploaded by that account, nothing else. Other photos from after 1991 are assumed to be not free, unless there is evidence of a release by the copyright owner. That was also the essence of Commons:Deletion requests/File:Roland Copé.jpg last year. Photos from before 1992 are covered by the VRT ticket #2020112910005534 from Studio Harcourt in 2020. For a more detailed recapitulaton of the whole situation and of the different possible cases, please see the page Commons:Bistro/archives/2023/09#Studio Harcourt (2) (in French). -- Asclepias (talk) 23:22, 30 June 2024 (UTC)
How to use a wikipedia image in another article wikipedia
How to use a wikipedia image in another wikipedia article I am editing a wikipedia article and in this other article there is this image and I don't know if I can use it: https://en.m.wikipedia.org/wiki/Total_War_Saga:_Troy Marius F (talk) 22:45, 1 July 2024 (UTC)
- (Commons has no involvement in this, but I'm answering here because I happen to know the answer.) @Marius F: en:File:Total War Saga Troy cover art.jpg is in the English-language Wikipedia under a non-free use rationale, explained on that file page by a use of en:Template:Non-free use rationale 2. To use that image in a different en-wiki article, you would need an acceptable rationale for that second use, which would also have to be stated on that file page (presumably also using a template). You'll probably want to read en:Wikipedia:Non-free use rationale guideline to see if what you have in mind is acceptable there. If you have further questions after reading that, you should certainly ask them on en-wiki rather than Commons. - Jmabel ! talk 03:23, 2 July 2024 (UTC)
Uploading a public domain image to Commons for use at en:Frognall, Melbourne
Hello, I am seeking to upload the image located at https://www.awm.gov.au/collection/C292398 to Commons so it can be used at en:Frognall, Melbourne on en-wiki. The image, created in 1944, is in the public domain in Australia (its country of origin) and is marked as such on the source website, but I am unsure of its copyright status in the United States. Specifically, it appears that copyright in Australia expired on 19 January 2014 (70 years after the photograph's creation; photograph has no identifiable author), which is after the COM:URAA cutoff date of 1 January 1996. Is the image in the public domain in the United States or would it still be in copyright there? Thank you, Redtree21 (talk) 13:25, 2 July 2024 (UTC)
- I am also linking to a discussion at en-wiki regarding this image, in which I was told to ask about the image here, for reference: en:Wikipedia:Media copyright questions#Use of a non-free public domain image at Frognall, Melbourne. Redtree21 (talk) 13:28, 2 July 2024 (UTC)
- Actually, the 1944 photograph's copyright expired in 1995 as copyright law was creation plus 50 years. Australia extended their copyright law to 70 years in 2005, but it was not retroactive. Abzeronow (talk) 16:12, 2 July 2024 (UTC)
Copyright status of map I would like to upload
I want to upload a svg map of assembly constituencies of Odisha. Boundaries I mostly took from https://gisodisha.nic.in/Statem/AC.pdf (with me making small corrections to AC boundaries near Bhubaneshwar), while I resized the work and merged boundary paths to make it into a usable file. I also changed the colour scheme to match other AC maps. GIS Odisha is run by the National Informatics Centre, a government source, so copyright belongs to Govt of India. Can I still upload this map to Commons as I did modify it substantially? Or could someone contact NIC on my behalf to get their permission to use it? Thank you. C1MM (talk) 16:50, 2 July 2024 (UTC)
Mass-changes of licences for maps?
User Kashmiri appears to have recently changed the licences of a few dozen maps, such as this one and this one, without prior notice. I am not sure if that is allowed, and even if so, I think such a move should have been discussed first. See also: Commons:Village pump/Copyright/Archive/2023/12#Mass-changes of licences for typeface samples?. --Minoa (talk) 21:47, 2 July 2024 (UTC)
- That doesn't look entirely wise to me. I'd say it is not clear that would be PD in all countries, and I certainly would not have removed the license that is clearly valid anywhere, even if I added a comment that it is presumably PD. - Jmabel ! talk 22:43, 2 July 2024 (UTC)
- @Jeff G.: I think I need help again in reversing the undiscussed licence changes by Kashmiri. I still don't have the tools or the time to mass-revert them all. Thanks in advance. --Minoa (talk) 22:49, 3 July 2024 (UTC)
- @Minoa:
Done in these edits. @Kashmiri: What were you thinking? — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 00:24, 5 July 2024 (UTC)
- @Minoa:
- I am fond of our {{Licensed-plus-PD}} for this very purpose. Maybe it should be advertised somewhere more prominent as a tagging option? Note that I haven't checked at all whether in this particular case the PD claims are appropriate or not in the first place. Felix QW (talk) 13:17, 4 July 2024 (UTC)
- A CC licence essentially means that a person claims copyright first and then licenses their work for public use. Sure the work can be reused, but can that person claim copyright in the first place? I honestly doubt when the underlying map (country outlines) has not been their work. PD-map indeed gives the US perspective, however it can be safely assumed that the vast majority of those claiming copyright for maps on Wikipedia are not located in countries where the sweat of the brow doctrine is in force; it's simply that this is the licence template suggested by the image upload wizard.
- I simply find it unacceptable when someone takes a map outline, places a dot on it, and then claims copyright, later kindly sharing "their work" under CC. — kashmīrī TALK 06:21, 5 July 2024 (UTC)
- Do we actually know where the map outlines are sourced from? Couldn't they well be copyrighted, for choice of projection and all that? Felix QW (talk) 08:12, 5 July 2024 (UTC)
- @Felix QW: Come on, please. Most of my edits were to maps where the underlying map was PD, and the only work of the uploader was adding colour to a few countries. That's all. We're not talking cartographers who create new, original projections; we're talking an editor who uploaded hundreds of maps titled "Diplomatic relations of country X"[4][5] In a few cases, the original work was entirely lost because of subsequent edits (like here[6] where new editors completely re-coloured the map from scratch, thus nullifying any copyright claims).
- I'm not at all convinced that using a different projection gives rise to copyright, as projections are generated electronically these days using country border delineation that are public property.
- @Jeff G.: , would you consider restoring my changes please? — kashmīrī TALK 16:59, 5 July 2024 (UTC)
- Sorry if there was a misunderstanding - I didn't mean to say that the uploader had a copyright claim (or not). I agree with you that they probably don't, and I would advocate replacing the pure license tag with {{Licensed-plus-PD}} and a PD statement. I just thought it was strange that the same editor who claimed copyright on their colouring to a map often did not credit the outline at all, which may (or not) be a copyright issue in its own right. Felix QW (talk) 17:20, 5 July 2024 (UTC)
- Do we actually know where the map outlines are sourced from? Couldn't they well be copyrighted, for choice of projection and all that? Felix QW (talk) 08:12, 5 July 2024 (UTC)
- @Jeff G.: I think I need help again in reversing the undiscussed licence changes by Kashmiri. I still don't have the tools or the time to mass-revert them all. Thanks in advance. --Minoa (talk) 22:49, 3 July 2024 (UTC)
So, when is it okay to use a picture of a sculpture?
Dear people of the Pump,
I'd like to add some images of contemporary sculpture, mostly from near where I live in Canberra, starting with the sculpture that lives on top of the Parliament, a treatment of our coat of arms.
There's one available here which looks to be Creative Commons 4.0.
But I understand there's an extra sensitivity here - that even if you have the creative commons permission from the photographer, that the artist behind the sculpture may have some kind of claim too? Or is that relinquished when a sculpture is public?
Feel free to point me to the most helpful article or essay. I struggled to find one.
Matthew MatthewDalhousie (talk) 06:23, 3 July 2024 (UTC)
- COM:FOP Australia is exactly what you need to read. --Geohakkeri (talk) 06:36, 3 July 2024 (UTC)
- Thank you @Geohakkeri MatthewDalhousie (talk) 04:23, 4 July 2024 (UTC)
SkyNet Sarl Lebanon
Buenas, este logo (https://www.skynet-lb.net/) es simple (too simple) o complejo?? Se puede publicar a Wikimedia?? AbchyZa22 (talk) 06:51, 3 July 2024 (UTC)
What to do with the file? I’m still a bit confused about the Commons URAA policy. It is stated that a mere allegation that the URAA applies to a file cannot be the sole reason for deletion; yet the template I added to the file page warns that unless a valid US PD tag is applied, the file will be deleted. Baffling, to say the least. --Geohakkeri (talk) 08:51, 3 July 2024 (UTC)
- @Geohakkeri you are missing the previous sentence on that paragraph: files nominated for deletion due to URAA should be evaluated carefully, as should be their copyright status under U.S. and local laws. The "mere allegation" means, you should not open a DR or an admin should not close a DR under the suspicion the image had its copyright restored by URAA without giving clear evidence. Many works had not their copyright restored. For example, a movie may be simultaneously published in the US, or the country of origin had different copyright duration in the past, etc. Also, some works are protected by copyright in the US, but not in its country of origin. Günther Frager (talk) 11:21, 3 July 2024 (UTC)
- Okay, so the files tagged with {{Unclear-PD-US-old-70}} are indeed deleted only after a careful evaluation and strictly on a case-by-case basis. Specifically, COM:PRP doesn’t really apply: an “unclear” file can quite well be kept unless proven to have its copyright restored. Right? --Geohakkeri (talk) 11:48, 3 July 2024 (UTC)
- Ah, I see it’s spelt quite clearly in Commons:Licensing#Uruguay_Round_Agreements_Act: If the end result of copyright evaluation is that there is significant doubt about the freedom of a file under US or local law, the file must be deleted in line with the precautionary principle. So even though each case must be examined thoroughly, it’s still not necessary to go extreme lengths in order to tell that a file should be deleted. --Geohakkeri (talk) 16:22, 3 July 2024 (UTC)
- Right. It usually takes a good knowledge of what the source country's law was on the URAA date, and whether copyright term increases were retroactive, etc. You can't necessarily assume that a current 70pma term was the same at that time, or that an increase was retroactive, so it can often involve looking back at historical versions of laws to find out what terms applied to the file in question. Finland did update their law shortly before the URAA date, as they had just become EU members, so it was likely a retroactive increase to 70pma, but that should be verified. Carl Lindberg (talk) 21:00, 3 July 2024 (UTC)
- The Finnish copyright extension took effect on January 1, 1996 and was indeed a retroactive increase to 70pma. [7] --Geohakkeri (talk) 21:24, 3 July 2024 (UTC)
Medical images
What is the legal situation with medical images like ultrasound images? Just like the legal situation would be with any other photo in whatever country we are talking about? Like, copyright with the photographer (in that case, the doctor)? Or possibly the hospital that owns the machine may also claim rights? And what about the patient, does the image subject have personality rights that need to be respected when their insides are being photographed?
It's this image that just made me wonder. --2003:C0:8F0A:BD00:618A:90C3:E786:9E39 07:27, 4 July 2024 (UTC)
- You can see this about medical imaging but not specifically about ultrasound images:
- Template:PD-medical
- Template:PD-US-Medical imaging
- Meta:Wikilegal/Copyright of Medical Imaging (mostly about x-ray images)
- Commons:Patient images
- Some oldish discussions about ultrasound images:
- However, most ultrasound images on Commons seem to have a claim of copyright and a license by their uploaders.
- -- Asclepias (talk) 12:37, 4 July 2024 (UTC)
File:Kim Jong il Portrait-2.jpg
File:Kim Jong il Portrait-2.jpg is being used in quite alot of articles and it was previously discussed at Commons:Deletion requests/File:Kim Jong il Portrait-2.jpg. I'm not sure how {{FoP-North Korea}} applies to it and how this is considered acceptable for licensing verification. The uploader basically uploaded what looks to be a few selfies, an old photo of Abraham Lincoln and some portraits of deceased North Korean leaders. They haven't edited Commons or Wikipedia since July 2022, and were only a sporadic editor before that; so, it's not like they've established an impressive track record of uploadng content over a very long period of time. The permission statement eeems on the surface to check all of the boxes, but it also seems at the same time to be rather flimsy. Moreover, the uploader has signed his declaration as being "Jesse Charlie Photographer", but that would seem to imply this is photo of a portrait created by someone else, but there's nothing about the photographerd work at ll in the file's description. Does the FoP-North Korea license mean the uploader actually went there are photographed this portrait? Again, this seems a bit sketchy to me regardless of how many times this file is being used, but perhaps I'm just over thinking things and making too harsh of an assessment. -- Marchjuly (talk) 06:49, 5 July 2024 (UTC)
- These portraits do seem to be displayed publicly in NK, e.g. [8] [9], so it is possible that the Commons files are derived from FOP-eligible photos. Their upload File:Abe-link.png specifies that it's a re-scan, which maybe does imply that they took the NK photos. Consigned (talk) 16:55, 7 July 2024 (UTC)
Copyrighted characters from no-FoP states displayed as murals et cetera in yes-FoP states
I would like to have some change in the usual practice of applying FoP of a work's country of physical location, in terms of works that depict copyrighted characters originating from countries without FoP for public art (like U.S., France, Japan et cetera). A part of comment from D. Benjamin Miller regarding the Asterix case above (Commons:Village pump/Copyright#Belgian FOP and heavy retouching) seems convincing, to quote:
The US incorporates its own "source country" test into the URAA. Under that test (Copyright Office explainer), the (single) source country for non-US works simultaneously published in multiple countries is determined based on which country has the strongest connection to the work. Being exclusively created by French authors in France, and without any potential ties to Belgium other than (let's hypothesize, for the sake of argument) simultaneous publication there, the underlying work here[, a Belgian mural of characters of Astérix,] is a French one, not a Belgian one.
We may need to reassess multiple "kept" deletion requests of works physically located in China, Mexico, and other countries where FoP is adequate, yet the works show characters of cartoons/movies/anime/manga from countries with no FoP. JWilz12345 (Talk|Contrib's.) 06:55, 5 July 2024 (UTC)
- Some example deletion requests resulting to keep:
- Commons:Deletion requests/File:Leon hot air balloon festival 2010.jpg – SpongeBob Squarepants (USA) balloon in Mexico
- Commons:Deletion requests/Files in Category:Arena Suzano – Doraemon (Japan) in Brazil
- Commons:Deletion requests/Files in Category:Statue of Mazinger Z in Tarragona – Mazinger Z (Japan) in Spain
- Commons:Deletion requests/Files in Category:Batmobile – automobile of Batman (USA) in Australia
- Commons:Deletion requests/File:Harikalar Diyari Flintstones 06029 nevit.jpg – Flintstones (USA) in Türkiye
- Commons:Deletion requests/File:Evangelion Test Type-01 at the site of Shanghai Metallurgical & Mine Machinery Factory.jpg – Neon Genesis Evangelion (Japan) in China
- Commons:Deletion requests/File:Paste-up.jpg – Motoko Kusanagi from Ghost in the Shell (Japan) in Germany
- JWilz12345 (Talk|Contrib's.) 07:22, 5 July 2024 (UTC)
- @JWilz12345: These should not be viewed from COM:FOP. We have to look at it from COM:TOYS. Ox1997cow (talk) 04:33, 7 July 2024 (UTC)
- Yes, I do think all images falling within this situation must be removed, but you are taking the reasoning a bit out of context. To be clear, this US "source country" test has nothing to do with applying non-US law's copyright exceptions in the US, because such exceptions don't apply in the US at all. (The source country test is from a totally different provision of US law.) The Commons community's stance on Not-free-US-FOP files is totally inconsistent with US law (as I explain in the section above). I know you don't like that — but it's not a matter of liking or preferring some outcome; it's a matter of what the law actually is.
- But, purely for the sake of argument, if foreign exceptions (such as FoP exceptions for artwork) did directly apply in the US (though they don't), and if these exceptions truly provided for these files being free (which, in the Belgian/2D case, I don't think they do, but they might in some other cases), only then might a country-of-origin rule matter, legally
- Beyond the clear legal error of accepting Non-free-US-FOP files at all, and the arguable error (depending on the case) in accepting FOP files in many cases where FOP restrictions (such as prohibiting derivatives, etc.) make a file "non-free" (such restrictions vary depending on country)... the whole position of allowing these files is clearly and obviously wrong.
- Additionally, Freedom of Panorama exceptions don't make the underlying works free, and extracting the works from their FOP context is not an acceptable thing to do under the laws of any country I know of with FOP. FOP is meant to allow for the accurate depiction of items as part of the larger public environment in which they are found, not to make anything found in a public space essentially devoid of copyright. (This is not the kind of freedom that FOP exceptions generally really provide for non-architectural works in any case, despite the false assumption by many Commons users that this is more or less what FOP does!)
- But let's imagine there were a country called Panoramaland which really did have absolute freedom of panorama. In Panoramaland, there is an exception to copyright which says that if a copyrighted work of art is put up in a public place, then anyone can take pictures of it and reuse it freely, create derivatives, etc. Then let's imagine a picture of Astérix or Mario or some other copyrighted character were displayed on a billboard in Panoramaland. The position of the Commons community would be that, since Panoramaland provides for absolute FOP for 2D art on billboards, such a file is allowed on Commons (and the FOP applies in the US, too). But if this were true, then Panoramaland would just be a panorama-laundering paradise, because anything placed in a public place in Panoramaland would effectively enter the public domain. This is clearly not acceptable.
- D. Benjamin Miller (talk) 16:15, 5 July 2024 (UTC)
- @JWilz12345 and D. Benjamin Miller: What is the source for the claim that "the (single) source country for non-US works simultaneously published in multiple countries is determined based on which country has the strongest connection to the work"? I don't see such a statement in the cited Copyright Office explainer. According to Article 5 of the Berne Convention, "The country of origin shall be considered to be … in the case of works published simultaneously in several countries of the [Berne Convention] Union which grant different terms of protection, the country whose legislation grants the shortest term of protection". This is also explained at Commons:Licensing: "In cases where a work is simultaneously published in multiple countries, the 'country of origin' is the country which grants the shortest term of copyright protection." Nosferattus (talk) 01:36, 7 July 2024 (UTC)
- The only place where US law has a source-country test for copyright term is in the URAA rule of the shorter term provision. The URAA copyright restoration does not apply when the work was in the public domain in its source country (according to this test) on the restoration date (usually January 1, 1996). See Commons:URAA-restored copyrights. This source-country test is not the same as the Berne Convention's country of origin definition.
- However, as I wrote above, this test is not at all relevant here, because the United States never applies foreign copyright exceptions based on the country of origin of a work (as determined by any test), and doing so would almost certainly violate the national-treatment requirements of the copyright treaties. So, again, to be clear, am NOT saying that this sort of test is legally relevant. I was only talking about if such a test were applied in an entirely hypothetical way, and JWilz12345 took what I wrote out of context. D. Benjamin Miller (talk) 02:37, 7 July 2024 (UTC)
- @JWilz12345 and D. Benjamin Miller: What is the source for the claim that "the (single) source country for non-US works simultaneously published in multiple countries is determined based on which country has the strongest connection to the work"? I don't see such a statement in the cited Copyright Office explainer. According to Article 5 of the Berne Convention, "The country of origin shall be considered to be … in the case of works published simultaneously in several countries of the [Berne Convention] Union which grant different terms of protection, the country whose legislation grants the shortest term of protection". This is also explained at Commons:Licensing: "In cases where a work is simultaneously published in multiple countries, the 'country of origin' is the country which grants the shortest term of copyright protection." Nosferattus (talk) 01:36, 7 July 2024 (UTC)
- Agree that extracting a work from its public context is never OK, even if there is FoP for the original photo. The Asterix extraction should be deleted. Similar for a photo kept under de minimis; if you crop to the copyrighted work then the result is no longer OK. FoP is meant to allow photos of public places, not a loophole to change the copyright of the underlying work.
- For regular FoP photos, whether they would be free in the U.S. has not been tested in court -- probably not OK, and the one example we have of FoP laws in between countries (German case on a photo of an Austrian building) would tend to say photos primarily of sculpture would not be OK in the U.S. if the statue is still under U.S. copyright. It's still not definite though -- anyone putting a work up in such a country would know the laws there and would have to be OK with photos of it in the public context, and maybe a U.S. court would take that into account. The Itar-Tass Russian News Agency v. Russian Kurier, Inc. case did use foreign law to determine the copyright ownership, though used U.S. law to determine whether infringement occurred and what the penalties are. So, it's not impossible that a court could consider foreign law under some circumstances -- if they think a FoP law spoke more to copyright ownership or whether the plaintiff had the right to sue in the first place, they might. The FoP wrinkle is something that was not at issue in that case. FoP may or may not affect a fair use evaluation, as well. Given the uncertainty, the community decided long ago to allow such works, for better or worse, even if it may be more likely than not to be a problem in the U.S. If we get an actual court precedent, that could change things. If you can convince the community to basically delete all sculptural FoP photos from Commons because they are not likely to be OK in the U.S., then OK, but not sure this argument is anything different than has been argued before.
- As for the "source country" definition in the URAA, that is only for the URAA and not any other portion of the law. That is the country of first publication, and publication even one day earlier than another country would define it. For works published on the same day in multiple countries, only then you get the "greatest contacts with the work" clause. But that is only to determine which laws to use to find out if a work was copyrighted on the URAA date for restoration -- not any other copyright situation. So that is largely irrelevant for FoP questions. Carl Lindberg (talk) 03:22, 7 July 2024 (UTC)
- Just as an aside here: if it were to turn out that certain images prove to be legal for commercial use in their respective "source" countries and for non-commercial use in the U.S., then it remains a policy decision, not a legal decision, whether Commons continues to host them, since Commons itself is non-commercial. - Jmabel ! talk 19:17, 7 July 2024 (UTC)
German currency files without machine-readable license
See Commons:Village_pump#German_currency_files_without_machine-readable_license Jarekt (talk) 12:58, 5 July 2024 (UTC)
Logo Dalkii
Cześć, potrzebuję pomocy w sprawie zamieszczenia loga firmy. Chcę dodać je do artykułu o polskim oddziale na Wikipedii. Nie wiem, jak dodać to logo, żeby było dobrze pod względem praw autorskich. Nie mam do niego praw, więc nie dodam tego bezpośrednio. Odsyła mnie do Wiki Commons, mam zgodę na publikację, ale nie mam informacji, czy to jest na jakiejś licencji. Próbowałam zorientować się, jak inne marki dodają loga, ale po kliknięciu na nie przenosi do strony, gdzie nie ma takiej informacji. Pod nagłówkiem licencja jest napisane, że logo nie jest chronione przez prawo autorskie i zdjęcie jest w domenie publicznej, natomiast w kreatorze przesyłania plików w 3 kroku (uwolnij prawa autorskie) w punkcie 4. trzeba zaznaczyć, że mam pewność, że obraz nie zawiera elementów chronionych, takich jak loga...
Pogubiłam się, a nie chcę naruszyć praw autorskich. :( Proszę o pomoc. Bonnjourr (talk) 12:59, 5 July 2024 (UTC)
Create custom template for images from MerrionStreet.ie Flickr account, mirroring Number-10-flickr
Hello there,
www.MerrionStreet.ie is a website run by the Irish government/state as a "Government News Service". On the website's copyright page , it notes that all
All the information featured on our website is the copyright of the MerrionStreet.ie unless otherwise indicated. You may re-use the information on this website free of charge in any format. Information and documents obtained from this website may be reproduced and/or re-used subject to the latest PSI licence available at www.psi.gov.ie.
A custom PSI template is already exists here on the Commons, please see Template:Oireachtas (Open Data) PSI Licence created by @Neveselbert // @Neveselbert (mobile)
As part of it's operation, www.MerrionStreet.ie runs a Flickr account, found here. Unfortunately for us, www.MerrionStreet.ie does not upload these images under a creative commons license. However, I believe they should be as part of the law stated on their own website. As far as I can see, everything created or upload by www.MerrionStreet.ie is a part of its purpose, which is entirely covered under the copyright section of their website. That section clears states it's all under PSI.
Have you contacted this agency about this? I contacted www.MerrionStreet.ie directly several times in Spring 2023, both by e-mail and phone. While I was told that the agency would review their upload policy, they neither made any changes to the Flickr account nor informed me of a final decision. A classic case of kick the can down the road and hope it goes away. Look, the agency actually falls under the Office of the Taoiseach, the highest political office in Ireland, so it's likely extremely busy on a consistent basis and was never going to prioritise this request (sadly).
Recently, I've discovered the existence of Template:Number-10-flickr; a template which supersedes the stated license on Flickr and follows British Law/policy instead. Given the existence of Template:Number-10-flickr, there should be no problem creating the exact same kind of template for MerrionStreet.ie, which is an almost identical entity in Ireland.
This is my second time making this request; previously I made a request to Commons:Village pump/Copyright >>>here<<< but unfortunately did not get any engagement, which was quite disappointing.
Hopefully this time we see this thing through. CeltBrowne (talk) 16:52, 5 July 2024 (UTC)
- I created Template:MerrionStreet.ie, I think this is what you asked for. - Sebbog13 (talk) 17:50, 5 July 2024 (UTC)
- Oh, you meant for their Flickr account, I missed that. - Sebbog13 (talk) 17:51, 5 July 2024 (UTC)
- Yes, I need the template to cover the Flickr account as well please. CeltBrowne (talk) 17:58, 5 July 2024 (UTC)
- I've altered the template myself to try and incorporate the Flickr account. CeltBrowne (talk) 19:03, 5 July 2024 (UTC)
- Yes, I need the template to cover the Flickr account as well please. CeltBrowne (talk) 17:58, 5 July 2024 (UTC)
- Oh, you meant for their Flickr account, I missed that. - Sebbog13 (talk) 17:51, 5 July 2024 (UTC)
- A big difference though is that Number 10 Downing Street has this information in the about page of their Flickr feed, rather than on a website and in a wording referring specifically only to the website as such. I do see your point, but I think there should be slightly more engagement here before uploads are tagged with this new template. Felix QW (talk) 06:48, 6 July 2024 (UTC)
- I don't think the release on MerrionStreet.ie covers photos on their Flickr account. The copyright release specifically says All the information featured on our website (emphasis mine), so does not cover content published on other websites like Flickr. As Felix QW points out, Number 10 is a different situation, their Flickr page explicitly releases the Flickr content under a free license. Consigned (talk) 17:06, 7 July 2024 (UTC)
Scan of an open letter published in The Times in 1971 and signed by 50+ persons
Hello, I have a scan of an open letter published in 1971 in The Times and signed by more than 50 people. Is there a specific rule in such a case or will it be in the PD 70 years after the death of the last signatory? Ayack (talk) 17:32, 5 July 2024 (UTC)
- Yes, as a collective work it will be protected until the last of them dies. That is to my knowledge. Bedivere (talk) 03:30, 6 July 2024 (UTC)
- It is not necessarily a collective work, I don't think — or, at least, not necessarily the collective work of all the signatories. Signing onto an open letter (or petition, or the like) doesn't imply authorship. It depends on the actual facts. In any case, though, the copyright on this letter is nowhere near expiring in the UK (whenever it expires), nor in the US (where the copyright presumably expires in 2067). D. Benjamin Miller (talk) 05:53, 6 July 2024 (UTC)
- Thank you both. I understand that I'll have to wait some years before uploading it to Commons... Ayack (talk) 14:55, 6 July 2024 (UTC)
- It is not necessarily a collective work, I don't think — or, at least, not necessarily the collective work of all the signatories. Signing onto an open letter (or petition, or the like) doesn't imply authorship. It depends on the actual facts. In any case, though, the copyright on this letter is nowhere near expiring in the UK (whenever it expires), nor in the US (where the copyright presumably expires in 2067). D. Benjamin Miller (talk) 05:53, 6 July 2024 (UTC)
There may be a copyright issue
I'm not sure if I'm reporting this to the right place, but these images seem to have copyright issues. There are also problems with the metadata.
Pragdon (talk) 19:02, 6 July 2024 (UTC)
- @Pragdon: The first might well have copyright issues (I can't read Farsi, so I cannot tell whether the source page offers a license). I fail to see the issue with the second, can you please spell it out? - Jmabel ! talk 02:25, 7 July 2024 (UTC)
Licensing concerns for category
Hi! I don't know what I'm doing, but according to the page header this is a good venue to ask about copyright issues for specific files. My concern is with Category:Bobbie R. Allen (40), most / all of which have been uploaded by connected contributor User:Wdallen49, with the incorrect source {{Own}}.
Most of these materials appear to be US government public domain, with some other unclear bits. I'm so stupid at copyright I literally don't even know if US government public domain is the same as "free content". Can someone who knows better please have a look through this category? Folly Mox (talk) 13:23, 7 July 2024 (UTC)
- Yes, the contents of that category deserve thoroughgoing review. Quite possibly most will turn out to be U.S. government pictures in the public domain, but we can't just assume that. They also need accurate dates.
- @Wdallen49: do you care to address this at all and explain what thought you were doing?
- - Jmabel ! talk 19:31, 7 July 2024 (UTC)
- - Jmabel I obviously don't know enough about Wiki's source formatting rules to satisfy the circling sharks, but I'd be happy to address specific concerns if anyone is interested in furthering improvement of the article. Wdallen49 (talk) 20:11, 7 July 2024 (UTC)
How much do we actually care about paintings being in the public domain in the United States?
{{PD-old}} says that "You must also include a United States public domain tag to indicate why this work is in the public domain in the United States.". This is very rarely done, and when it is, it's usually simply marking it as "expired" without providing any evidence of the fact. For example, File:Henry Clive - Sultana.jpg is featured, but was it published before 1929, not just painted or exhibited then? (See en:Wikipedia:Public_domain#Publication.) See, for example, some of the deletion requests on enwiki in en:Wikipedia:Files_for_discussion/2024_July_4. Some (for example, en:File:Henri Matisse, 1909, Still Life with Dance, oil on canvas, 89.5 x 117.5 cm, Hermitage Museum, Saint Petersburg.jpg) have publication information, but most do not, and almost none here do; if they do, there's no obvious way of indicating the actual evidence in the copyright tag. Are we just cavalierly ignoring the actual copyright rules and hoping for the best here? grendel|khan 14:24, 7 July 2024 (UTC)
- I certainly agree with your general point that actual research should be conducted before slapping on a {{PD-US-expired}} tag, and that such a tag is clearly necessary.
- Regarding specifically Henry Clive's Sultana, it seems to have originally been commissioned as calendar art, and seems indeed to have been published by the Louis F. Dow Calendar Company upon completion in 1925 (cf. this gallery page). Felix QW (talk) 14:53, 7 July 2024 (UTC)
- I think the evidence should certainly be included on the page; perhaps one could use the "permission" field in the information template for this purpose? Those using the {{Artwork}} template can make use of the "exhibition history" field as well. Felix QW (talk) 14:54, 7 July 2024 (UTC)
- I'd be more comfortable if it was part of the license tag in some way. The situation can be pretty complicated, and I'd like to be able to deterministically scan for files with incomplete copyright information. grendel|khan 17:05, 7 July 2024 (UTC)
- As far as I am aware, we usually indicate the evidence for the license separately from the actual license tag, probably just because it can be pretty complicated. The only "deterministic" method is to look for files with no US copyright tag whatsoever; for everything else, one has to check the file page itself more closely. Felix QW (talk) 17:27, 7 July 2024 (UTC)
- I'd be more comfortable if it was part of the license tag in some way. The situation can be pretty complicated, and I'd like to be able to deterministically scan for files with incomplete copyright information. grendel|khan 17:05, 7 July 2024 (UTC)
- Yes, it is complicated. For non-US works, it depends on the definition of publication in the country of origin. I think that in most cases, if a painting was displayed in a place accessible to the public, it counts as publication. Also when a gallery displays works of art, it usually also publishes a catalog, so the works are also printed. Yann (talk) 18:02, 7 July 2024 (UTC)
- Catalog, yes; public exhibition, no. This is counterintuitive, but see en:Wikipedia:Public_domain#Publication as pointed out above; US copyright law and the Berne Convention agree that, in short, "A work is published when tangible copies of it are made available to the public at large.". Exhibition or performance alone do not constitute publication. grendel|khan 18:07, 7 July 2024 (UTC)
- Presumably, the US definition matters for the US copyright and the source country definition matters for the source country copyright. According to COM:Public art and copyrights in the US, the definition of publication seems to has changed in 1978, with the previously adopted concept being significantly more liberal. According to the commentary on the page I just mentioned, this includes exhibition without preventing copying, or sale of the original. For post-1978 publication events, neither of those acts seem to suffice for publication. Felix QW (talk) 19:24, 7 July 2024 (UTC)
- @Grendelkhan: I believe in the era in question, in the U.S., public display was considered publication, even if that is no longer the case. Could someone more expert please weigh in on that? - Jmabel ! talk 19:35, 7 July 2024 (UTC)
- https://chart.copyrightdata.com/c01B.html says that in American Tobacco Co. vs Werckmeister 207 U.S. 284 (12-2-1907) (be careful with that; the plaintiffs and defendants apparently went back to the courts several times) the court ruled that display without stopping copying would have made the painting published.--Prosfilaes (talk) 20:27, 7 July 2024 (UTC)
- @Grendelkhan: I believe in the era in question, in the U.S., public display was considered publication, even if that is no longer the case. Could someone more expert please weigh in on that? - Jmabel ! talk 19:35, 7 July 2024 (UTC)
- The current definition of publication only started in 1978 (as it came with the 1976 Copyright Act). Before then there was no definition in the law, and courts had to come up with some definitions. As mentioned in the Werckmeister case, the judges hinted that exhibition with no attempt to stop copying (by photography or drawing) could amount to publication. See Commons:Public art and copyrights in the US. Selling the painting may also qualify. (The dividing line between limited publication which did not lose copyright, and general publication which did, differed between judicial circuits so there are few clear-cut lines.) Most works are made to be published, so we often do assume publication near the date of creation, unless there is some evidence that shows that may have been delayed (such as the painter kept the painting themselves, or remained in the family for a long time). COM:PRP is for significant doubts; long-delayed publication is theoretically possible but less likely than under today's rules. We don't delete under any theoretical doubt; there should be some indication that this work had something a little abnormal happen to it. Carl Lindberg (talk) 21:03, 7 July 2024 (UTC)
- Yes, that's what I mean above. Yann (talk) 21:13, 7 July 2024 (UTC)
- The current definition of publication only started in 1978 (as it came with the 1976 Copyright Act). Before then there was no definition in the law, and courts had to come up with some definitions. As mentioned in the Werckmeister case, the judges hinted that exhibition with no attempt to stop copying (by photography or drawing) could amount to publication. See Commons:Public art and copyrights in the US. Selling the painting may also qualify. (The dividing line between limited publication which did not lose copyright, and general publication which did, differed between judicial circuits so there are few clear-cut lines.) Most works are made to be published, so we often do assume publication near the date of creation, unless there is some evidence that shows that may have been delayed (such as the painter kept the painting themselves, or remained in the family for a long time). COM:PRP is for significant doubts; long-delayed publication is theoretically possible but less likely than under today's rules. We don't delete under any theoretical doubt; there should be some indication that this work had something a little abnormal happen to it. Carl Lindberg (talk) 21:03, 7 July 2024 (UTC)