Commons:Deletion requests/File:Fly-Angel.jpg

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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.

User:Bob Castle uploaded a new version of this image with the upload summary "Larger size, from Flickr". I found the Flickr image here and it is licensed as CC-BY-NC. I do not feel that we have any evidence of permission for the high-resolution image. The low-resolution image was uploaded to English Wikipedia on 29 June 2006 according to the {{Original upload log}} and to Flickr on 1 April 2006. Thus, we do not really have any evidence of permission for that version either, since the Flickr image is older. The Wikipedia user name (en:User:Dwclarke) is similar to the Flickr user name (davidwilsonclarke) so it is possible that the users are the same, but it would be better to have some better evidence for that. Stefan4 (talk) 17:50, 19 July 2012 (UTC)[reply]

  • There's also the issue that the U.S. doesn't recognize freedom of panorama for artworks, thus the image isn't public domain within the United States. The current Commons policy states that "Any file hosted here must normally be freely licensed or public domain according to both the law of the United States and according to the law of the source country". This might be a messy can of worms to open, but it should be mentioned. Kaldari (talk) 18:13, 19 July 2012 (UTC)[reply]
  • Question — has anyone messaged the Flickr uploader or the local uploader to ask for confirmation that they're the same person? If they be the same, Clarke can simply post a quick link with his Flickr account to confirm that they're the same, and no copyright problems will remain. Meanwhile, US law has no authority over the copyrightability of things in the UK, so if the British say that an artist has no rights over images of his piece of artwork, the Americans don't get to disagree. Nyttend (talk) 02:18, 20 July 2012 (UTC)[reply]
  • I am both Dwclarke on Wikimedia, and davidwilsonclarke on Flickr. First of all. I am happy for the larger resolution image to be used on Wikimedia. I was asked this by David Daynard on 16th June 2012, so he may have done some work on the clarification of licenses. The image is CC-BY-NC on Flickr, but I am happy for the image to be a more open licence on Wikimedia. — Preceding unsigned comment added by Dwclarke (talk • contribs) 2012-07-20T09:20:07 (UTC)

Kept per the statement by Dwclarke. {{FoP-UK}} applies and I have added that tag to the image. --AFBorchert (talk) 05:41, 26 July 2012 (UTC)[reply]