Commons:Deletion requests/File:Helen Keller Bronze by Edward Hlavka.jpg
Edward Hlavka is not now and never has been an employee of the Federal government. It is unlikely that the government owns the copyright, but even if it does, {{PD-USGov-Congress-AOC}} is the wrong tag. -- Jim . . . . Jameslwoodward (talk to me) 17:16, 30 July 2010 (UTC)
- I note that the uploader, User:Altairisfar, is currently blocked. This discussion should not be closed until he or she has the opportunity to comment. Jim . . . . Jameslwoodward (talk to me) 17:28, 30 July 2010 (UTC)
- User:Altairisfar is not blocked, he/she was blocked a year ago. Trycatch (talk) 19:01, 30 July 2010 (UTC)
- Maybe you misread the description template? The creator of the statue is Edward Hlavka. The author and source of the photo, as is listed, is The Architect of the Capitol. Look at their FAQ page, sub section "How can I obtain a photograph from the Architect of the Capitol?" It explains that all images in their photo gallery (of which this is one), unless otherwise noted, are in the public domain. I'm fairly certain that {{PD-USGov-Congress-AOC}} is the correct template. A good example of an image here on Commons from the same Architect of the Capitol collection is United States Capitol - west front.jpg. Altairisfartalk 21:00, 30 July 2010 (UTC)
- Sorry about missing the date on the blocking. The point here is that the photo is a derivative work of Edward Hlavka's copyright in the statue. While the Architect of the Capitol can license the photo, he or she cannot necessarily license the underlying copyright. The example you give, is not relevant because the Capitol itself went out of copyright in the 19th century, while this statue will be in copyright until seventy years after Edward Hlavka dies.
- I also note that the FAQ to which you refer above states very clearly:
- "Photographs from the records of the Architect of the Capitol may be used for scholarly or educational purposes; they are not made available for promotional or advertising purposes."
- and, also,
- "The Photo Gallery section of the Architect of the Capitol Web site offers downloadable high-quality digital images in JPEG format. These images are in the public domain and, unless otherwise noted, may be used without permission for educational, scholarly, or personal (i.e., nonpromotional, nonadvertising) purposes."
- Both of these statements are inconsistent with Commons requirements, as we require a license that includes commercial use. Jim . . . . Jameslwoodward (talk to me) 22:49, 30 July 2010 (UTC)
- I also note that the FAQ to which you refer above states very clearly:
- Okay. I get what you're saying. I wasn't aware of an additional copyright issue for photographs of works of art. But the commercial use requirement issue applies to all or almost all of the images at Category:Images of the Architect of the Capitol, since they come directly from the Architect of the Capitol collection. Altairisfartalk 02:16, 31 July 2010 (UTC)
Although it weakens my argument, I should admit that, after consideration, I think that the non-commercial restrictions on the web site probably exceed the Architect's authority under the law. All works, including photographs, made by a federal employee in the course of his/her job are PD. Period. End of discussion. The Architect cannot impose restrictions unless authorized by a separate law. BTW, the White House web site does the same thing. Jim . . . . Jameslwoodward (talk to me) 12:55, 31 July 2010 (UTC)
Deleted. The Evil IP address (talk) 12:54, 12 August 2010 (UTC)
