Commons:Deletion requests/Archive/2005/08

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Archive
Archive
Archive August 2005

August 1

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Not every photo on a U.S. government website is public domain, because not every photo on U.S. government websites is actually produced by the U.S. government; especially unlikely are images that have German writing on them. There is no specific source given for the image, but in fact it is very easy to guess from the name that it came from http://www.centennialofflight.gov/essay/Lighter_than_air/zeppelin/LTA8G10.htm which actually specifically credits "DJAirships.net" which apparently is Daniel J. Grossman of [2] (see his email) and the photo is in fact on this page of his. So, it's a 1930s German postcard, and copyrighted unless someone can prove the author of the copyright died more than 70 years ago, which seems unlikely given the time frame.--Pharos 09:43, 8 August 2005 (UTC)[reply]

Sorry, this is a fairy tale. This picture was published around 1935 under KUG copyrightlaw. Its copyright vanished 1955. There was no contact with the modern german copyright law (or even EU-law). Try to start a lawsuit against DJairships and US-Goverment. Have fun.
Well, it was tagged as a U.S. government photom which was clearly false and that's why I put it here. I don't know about the application of KUG copyright law but looking into modern German copyright law I see the copyright period for photograph lasts for only 50 years after publication, and so I've taken off the deletion notice and replaced the Template:PD-USGov tag with the Template:PD-Germany tag. Pending any contradicting info, I consider this matter to be resolved, and I withdraw my nomination to delete.--Pharos 07:31, 11 August 2005 (UTC)[reply]
This is not correct: german law make a distinction between "trivial photos" (Lichtbilder, which are free 50 years after publication) und "artistic photos" (Lichtbildwerke, which become PD 70 years after the photographer has died) - see de:Bildrechte for details. The distinction is very blurry, but in recent times, most photos seem to be considered "artistic" per default. As I don't think that this image can be considered trivial, it is quite possible that it is still copyrighted. If the image was published anonymously, the copyright expires 70 years after publication - but before assuming this, a serious attempt to find the author should have been made.
Regarding the copyright law in general: AFAIK, the modern german copyright laws apply even if the images where made during the Nazi rule or in the Weimar Republic. -- Duesentrieb 13:02, 11 August 2005 (UTC)[reply]
Well, I certainly cannot claim competence to distinguish between simple photos and art photos under German copyright law, if such a distinction is rationally possible at all; I'll trust that to your best judgement. What constitues anonymous publication- is it simply not having the photographer's name printed on the postcard? We can presumably inquire about whether credit is given on the postcard and the date of publication from Daniel J. Grossman, the owner of the original web source of www.airships.net.--Pharos 05:18, 12 August 2005 (UTC)[reply]

See now the comprehensive article on anonymous works in de:Anonyme Werke (Urheberrecht). It is necessary that the photographer never has been identified or that he never has put his name on a copy (according to the old version of German Copyright Law which is still in use for pictures made before July 1, 1995 if they were protected according the old version longer than now). --134.130.68.65 23:01, 12 August 2005 (UTC) = --Historiograf 23:02, 12 August 2005 (UTC) [reply]


August 8

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August 9

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August 10

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This deletion debate is now closed. Please do not make any edits to this archive.

Template:PromPerú and all images tagged with it

The template specifically states that usage of images from their site are for Wikimedia only, which is a non-free license. I don't see how we can have these images on Commons. howcheng {chat} 21:22, 10 August 2006 (UTC)[reply]

PS. He has been asked to solve this situation but he has answered (as you can see here if you can read Spanish) that nothing can be done because of the recent changes in the Peruvian government (sic). --Dodo 07:43, 24 August 2006 (UTC)[reply]

August 11

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August 12

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Variation of Image:Chicago top down view.png uploaded during the featured image process, didn't really turn out well. --SPUI 07:02, 12 August 2005 (UTC)[reply]

IMHO you should first talk with both uploaders. Also it seems that you don't notify them of the deletion request. --Avatar 09:43, 12 August 2005 (UTC)[reply]

August 13

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Okay, this is really wierd. The GFDL (see Commons:Text of the GNU Free Documentation License) says

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

User:Chamaeleon read the GFDL as part of the Spoken Wikipedia project, but alas, the spoken version is a "verbatim copy" and can't be changed.

Admins: don't delete this file unless a copy has been put at w:Image:GFDL (English).ogg, where it can definitely be kept. dbenbenn | talk 17:42, 13 August 2005 (UTC)[reply]

keep: the GFDL is itself not GFDL (strangely enough), and it is non-free by the definition used on the commons (derivatives are not allowed). But having the GFDL on site is a requirement if we want to publish under that license, for instance we host the full text at the german wikipedia: de:Wikipedia:GNU_Free_Documentation_License. I belive a spoken version is important for blind people etc, and may even be a requirement with respect to the accessibility laws in place in the US. So I belive that the GFDL, in any form, is acceptable on the commons, as one of the rare exceptions we have to make, so things do not become absurd. -- Duesentrieb(?!) 18:17, 13 August 2005 (UTC)[reply]
Keep. If we host the text, we can certainly host the sound.--Pharos 07:40, 14 August 2005 (UTC)[reply]
Keep It's a special case. Of course the gfdl can't be gfdl (otherwise I could change it to read "all your gfdl are belong to me"). it needs to be clearly marked as such, and protected. Zeimusu 15:59, 15 August 2005 (UTC)[reply]
For what it's worth, the GFDL requires that when you publish a modification you use a different title. As far as I can tell, there's no technical reason for the GFDL itself to not be GFDL. I suppose the Free Software Foundation simply doesn't want the text of the GFDL to be free. Possibly the FSF wants to discourage people from writing their own copyright licenses. dbenbenn | talk 02:03, 16 August 2005 (UTC)[reply]


August 14

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August 15

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This image is the same as [4].And this site says [5].So we cannot use this image.--Searobin 13:52, 15 August 2005 (UTC)[reply]

The image is PD under Japanese Copyright Law, so the question here is whether or not the museum can actually impose such a rule. They could charge people for access to the images, but when they've made a PD image available, then as far as I can see there is no valid restriction. Cnyborg 23:20, 15 August 2005 (UTC)[reply]
We have the same problem with Image:Ogata Korin, Wind God2.jpg and Image:Pine Trees.jpg. I'm not a japonese. For me this image is PD. They say this image is not PD , i say this image is PD. It's a very old painting a recent two dimensional reproduction. What we do ? I'm agree to delate it if we are sure that we have no right to use it. I'm oppose to delete it if we don't no. petrus 02:57, 16 August 2005 (UTC)[reply]
I understand that the site says : [6] because lots of 3 dimensional objects can be found on it and this images are not PD. petrus 16:42, 17 August 2005 (UTC)[reply]
It is difficult for me to write in English,but I try. Now I have just been going to request the reply from Tokyo National Museum whether these images can use or not. Would you wait a little longer?Searobin 01:02, 19 August 2005 (UTC)[reply]

The reply came from the Tokyo National Museum. It is a thing that use is not permitted based on ownership that these pictures have not permitted trial based on copyright according to it. In addition, the whole sentence (Japanese) of e-mail was carried here.Thank you.Searobin 22:25, 9 September 2005 (UTC)[reply]

What is the definition of a work in the Japanese copyright law ? Could a reproduction of a two dimensional work become a new copyrighted work ? Petrus 23:15, 9 September 2005 (UTC)[reply]
The reply became slow. I am asking the Tokyo National Museum again. I want to use this image, too. But, this image is not perfect, because this image is only the half of a folding screen. If we use this image, I want to make this image perfect. So, I want to confirm once again whether it is OK. I know that ownership will not occur in a duplicate thing to the judicial precedent of Japan, and I think that copyright may not exist in this image, too. So I have sent e-mail to the Tokyo National Museum . Searobin 21:19, 19 September 2005 (UTC)[reply]
E-mail came to me from them. It had written on the mail as follows: Supposing they need deletion, they themselves correspond. Although waited for a while, they are not writing. Therefore, now I withdraw this request.Thank you a lot.Searobin 21:48, 6 October 2005 (UTC)[reply]

August 16

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August 17

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August 19

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no evidence for PD, probably copyvio --Leipnizkeks 11:52, 19 August 2005 (UTC)[reply]

I took the image from the French wikipedia, taking this comment at face value:
Cette image fait partie du domaine public, soit par ce que son auteur a renoncé à ses droits (copyright), soit parce que ses droits ont expiré. Elle est donc librement diffusable et/ou modifiable, mais ne peut faire l'objet de nouveaux droits d'auteurs
It was uploaded there by fr:Utilisateur:Sebmoi. Unfortunately, his last edit is more than a year ago, so contacting him may be hard. Gpvos 14:49, 19 August 2005 (UTC)[reply]
All photos need a source who can verify the copyright if this is requested. Without one, this photo should be deleted. Thuresson 16:46, 19 August 2005 (UTC)[reply]
fr:Image:Frere-roger-de-taize.jpg, fr:Image:Taize-priere.jpg, fr:Image:Taize-repas-super-team.jpg These images look like self-taken images, all labeled as PD. It seems he (or she) was really there. --Denniss 22:36, 21 August 2005 (UTC)[reply]
The latter two indeed do, but fr:Image:Frere-roger-de-taize.jpg is a bit vague. Could be scanned or photographed from some bit of publicity. On the other hand, it could just be because of some lossy JPEG postprocessing. Gpvos 17:36, 23 August 2005 (UTC)[reply]
Deleted, Thuresson 09:50, 10 September 2005 (UTC)[reply]

The claim that this photo is licensed under cc-by-sa-2.0-de is not at all convincing. The source was given only very roughly by the uploader as http://www.tiermotive.de/ . I was successful and found the original photo there (and changed the source link accordingly). There is no indication of any license with the photo. However in Impressum] it is said that contents of this website are copyrighted. It is allowed to use the photos privatly or for non-commercial teaching purposes. So uploading it in commons seems to be copyvio.
This images is only an example from the uploads of User:Jonathan Hornung. Probably most of the photos he uploaded have the same license problems. --Franz Xaver 01:12, 20 August 2005 (UTC)[reply]

I agree, wanted to check his uploads myself. -guety 01:34, 20 August 2005 (UTC)[reply]
Please, wait with deletion until end of August. According to his talk page on de.wikipedia, Jonathan Hornung is on holiday until Aug 27th. He should have a possiblity to give a statement. --Franz Xaver 14:47, 21 August 2005 (UTC)[reply]

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29 August

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31 August

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