Commons:Deletion requests/File:Kyle Lockwood's New Zealand Flag.svg

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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.

File:Kyle Lockwood's New Zealand Flag.svg

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Flag is by Kyle Lockwood used without permission. http://www.silverfernflag.org/ © Copyright 2000-2015. All rights reserved. We must be acknowledged when designs are published in the media and posted online. Designs by KS Lockwood, Authorised by C B Mullane 1/67 Lake Road, Belmont, Auckland 0622 Ellin Beltz (talk) 15:55, 1 September 2015 (UTC)[reply]

 Keep Ok, for the purposes of uniformity I will address everything on this one discussion page and link the other three DRs here.
Firstly, Ellin Beltz is confusing a website general copyright notice with the copyright status of the flags. I've pointed this out in several DRs before. Almost every website out there will have such a notice, it applies to the design of the website, it's code, other elements and some related images. It doesn't however automatically apply to all images which may have their own copyrights. For example, Best Western Hotels has such a notice on their website, but we know the Best Western logo was ruled PD. This also applies to the logos for BestBuy and Geek Squad, the BestBuy website also has this copyright notice but those logos are PD. Logos, flags, images that that not inherently designed as part of the website get their own copyrights separate from that website.
Secondly, "We must be acknowledged when designs are published in the media and posted online" is the only requirement in that list referring directly to the designs, and I would argue attribution meets that request.
Thirdly, it is the intent and desire of Kyle to get his design to become the new national flag of New Zealand. It is most likely that Kyle released all copyright to the flag itself as part of his push for attention. Even if that were not true, as pointed out by ColonialGrid, Kyle no longer would be able to claim rights to his design. Pursuant to the terms of the competition, all rights to this flag now belong to the Crown of New Zealand under CC. Fry1989 eh? 23:17, 1 September 2015 (UTC)[reply]
 Comment It is most likely that Kyle released all copyright to the flag itself as part of his push for attention. fails COM:PRP. These images refer to each other in a big circle, there's no indication on Kyle's website that these were freely licensed. I don't see anywhere on these templates that links to a clear statement that flags entered in the contest changed license. I do see a website with Kyle's name on it, clearly labeled (c). I think if he felt these were free, he'd mention it. I don't think we can assume. Ellin Beltz (talk) 01:56, 2 September 2015 (UTC)[reply]
The first part of my third point is purely presumption based on what I would do in the same situation, but I am acquaintance with Kyle Lockwood and could therefore ask if it perks your fancy. However, it no longer matters. The competition terms state that
  • If your Flag Design is chosen as a Shortlisted Design, then you: hereby assign to the Crown at no cost all of your rights, title and interest in and to your Flag Design, including all copyright and other intellectual property rights in all works that feature in the Flag Design, and in the Flag Design as a whole, as may exist anywhere in the world
As well as signing documents in agreement. It very clearly belongs to the Crown now. Fry1989 eh? 02:05, 2 September 2015 (UTC)[reply]
 Keep Their own website : http://www.silverfernflag.org/proposal.html says

"All variants of our silver fern flag were submitted to the Flag Consideration Project. along with our original, some 600 variations were also submitted by the public. submissions closed on 16 July 2015. Five variant colour-ways of our silver fern flag were shortlisted on 10 Aug 2015." So those 5 ARE on the shortlist, just not all made it through to the final 4 to be voted on in referendum.

Kept: See Commons:Deletion requests/File:Lockwoodnzflag-1-.gif Denniss (talk) 09:00, 2 September 2015 (UTC)[reply]

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