Commons:Deletion requests/File:Gitornadopic2.jpg
This image has been uploaded from a National Weather Service web page, where it is sourced to a third party, although it is unclear whether the supplier of the image was actually the photographer and presumably copyright owner.
For many years, hosting such images on the Commons was done in good faith under the rationale that:
- public submissions to the NWS all entered the public domain and/or
- all files hosted on NWS websites were in the public domain unless they carried a formal copyright notice
An extensive review of this rationale in 2024 revealed that neither of these beliefs held up to scrutiny. These findings were confirmed in an RfC conducted from August to October 2024.
Per COM:ONUS it is the responsibility of the person uploading an image to the Commons or anyone arguing for its retention here to provide evidence of permission from the copyright holder.
Since this is an image created in the US before 1989, its copyright status will depend on the circumstances of its first publication, in particular, whether it was published before or after March 1, 1989. The earliest known publication of this image is on the NWS website where it was sourced. Unless any evidence of a previous publication can be found, this is a presumably unfree file and we must delete it as a precaution under COM:PRP.
 | Closing admins should familiarise themselves with the evidence and discussions at this RfC when closing this request. |
Rlandmann (talk) 22:32, 31 October 2024 (UTC)
Delete per above. Hurricane Clyde 🌀my talk page! 18:51, 2 November 2024 (UTC)- Stay Can't delete yet until we find out when it publish, also we should honestly have more people voting in these deletion discussion then having one person deciding it all, no hate to Hurricane Clyde Hoguert (talk) 18:23, 22 December 2024 (UTC)
- On Commons, it is the responsibility of the person who uploaded the file or who wants to keep it to provide proof that the file is either free of copyright or available under a free licence. This policy is explained at COM:ONUS. So, it's over to you @Hoguert: what proof do you have that we can host this file here? --Rlandmann (talk) 03:45, 23 December 2024 (UTC)
- I said we should keep it until we found out what year it was uploaded. I just found who took the image, it was Rod Gartner from this article https://theindependent.com/news/local/history/44-years-ago-photos-clips-from-aftermath-of-grand-island-tornadoes-on-june-3-1980/collection_838f38a2-21e1-11ef-9709-37f6dd713600.html#4 Hoguert (talk) 09:44, 23 December 2024 (UTC)
We already knew that Gartner took the photo -- the NWS credits him with it, and he's apparently still alive.The year of upload is irrelevant; it's pre-1989 publications that would help your case here. Have you found any? --Rlandmann (talk) 03:43, 24 December 2024 (UTC)- Well according to the article, the photo was taken on the day of the event but wasn't published up until 2005 by The Independent, its seems like (unless proven otherwise) that's the farthest back we can go here Hoguert (talk) 18:01, 24 December 2024 (UTC)
- So, because it's the date of publication that's important here, and because 2005 is later than 1989, then as far as we know: copyright belongs to Rod Gartner, and will expire on January 1 of the year 70 years after his eventual death. (He seems to still be alive). Based on your findings, we need to delete this file as presumably unfree. --Rlandmann (talk) 00:31, 25 December 2024 (UTC)
- Well according to the article, the photo was taken on the day of the event but wasn't published up until 2005 by The Independent, its seems like (unless proven otherwise) that's the farthest back we can go here Hoguert (talk) 18:01, 24 December 2024 (UTC)
- I said we should keep it until we found out what year it was uploaded. I just found who took the image, it was Rod Gartner from this article https://theindependent.com/news/local/history/44-years-ago-photos-clips-from-aftermath-of-grand-island-tornadoes-on-june-3-1980/collection_838f38a2-21e1-11ef-9709-37f6dd713600.html#4 Hoguert (talk) 09:44, 23 December 2024 (UTC)
- On Commons, it is the responsibility of the person who uploaded the file or who wants to keep it to provide proof that the file is either free of copyright or available under a free licence. This policy is explained at COM:ONUS. So, it's over to you @Hoguert: what proof do you have that we can host this file here? --Rlandmann (talk) 03:45, 23 December 2024 (UTC)
