Commons:Deletion requests/File:Batory002.jpg

From Wikimedia Commons, the free media repository
Jump to navigation Jump to search
This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

No authorship information, unknown copyright situation. Bogus license. Jcb (talk) 17:55, 2 September 2018 (UTC)[reply]

 Comment There is actually authorship information in the Polish language description; with the help of Google Translate, it says "Photography is from the private archives of Ms Marioli Nalewajko. The photographs are made by her late father Stanisław Nalewajko". But that's not enough for us, we would need evidence of permission - which we don't likely will be able to obtain, as the uploader Joymaster, sadly, is one of the deceased Wikipedians. So I suppose the image must be deleted, though it's a pity. The uploader was a very active Wikipedian and administrator of Polish-language Wikipedia and on Commons, so I would assume that he respected copyright and had the appropriate permission. Maybe it could be seen as a case of Commons:Grandfathered old files, as it was uploaded in 2006? Gestumblindi (talk) 00:32, 10 September 2018 (UTC)[reply]

I don't think this can be grandfathered, because apparently a valid permission has been missing from the beginning, this file was probably never released by its copyright holder. Jcb (talk) 14:55, 10 September 2018 (UTC)[reply]
I would assume that Joymaster secured appropriate permission from the copyright holder (presumably Ms Nalewajko as heir of the photographer Stanisław Nalewajko), and if he had explicitly stated this on the description page, it seems that the photo would fall under our grandfathering policy. But it's this probably needed bit that's missing from the page, yes. Gestumblindi (talk) 18:18, 10 September 2018 (UTC)[reply]
  • Comment. The picture was uploaded in August 2006, and OTRS system went live a few months earlier, so this should've used OTRS but of course not everyone even among admins fully figured out how this is supposed to work. However, the permission box does state "Zgodę na publikację uzyskał: Joy" which translates as "Joy received permission for publication". What kind of permission is an issue, but I think we can consider AGF that Joymaster, an admin, wouldn't like about the license, and if he uploaded the photo under CC/GDFL he likely got permission to use this very license. --Piotr Konieczny aka Prokonsul Piotrus Talk 07:01, 16 November 2018 (UTC)[reply]
    • No, that's unlikely. Those days almost nobody informed the copyright holder about the consequences of a free license, so many permissions of those days are in fact 'Wikipedia only' permissions. Also it is not stated who granted permission, but the picture was 35 years old at the moment of upload. If this comes from some archive, which seems likely, the 'permission' probably comes from an archive that's not the copyright holder in the first place. So without more information this file should be deleted. Jcb (talk) 09:36, 16 November 2018 (UTC)[reply]
    • What is written - I see no reason to doubt it - is that this picture was granted by Mariola Nalewajko a daughter of the author of the picture, who died some time ago. The fair thing to do would be to contact Mariola Nalewajko for proper agreement as she seems to be his heir. I am just trying to do so via fb, hope we can wait with deletion decision for a week? Polimerek (talk) 13:16, 16 November 2018 (UTC)[reply]

Deleted: per nomination. --Ronhjones  (Talk) 19:16, 27 January 2019 (UTC)[reply]