Commons:Deletion requests/Railway pictures by User:LOZNRPICS

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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.

Railway pictures by User:LOZNRPICS

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The file is a crop of File:Trampoline blocking the railway line during heavy winds.jpg , which is found in this Twitter post by Network Rail, and did not have an explicit free license given. Please inform the copyright holder to designate a free license, or to send a permission statement according to the instructions of OTRS. 廣九直通車 (talk) 04:02, 14 February 2020 (UTC)[reply]
The file is found in this Twitter post by Network Rail, and did not have an explicit free license given. Please inform the copyright holder to designate a free license, or to send a permission statement according to the instructions of OTRS. 廣九直通車 (talk) 04:02, 14 February 2020 (UTC)[reply]
The file is found in this Twitter post by Network Rail, and did not have an explicit free license given. Please inform the copyright holder to designate a free license, or to send a permission statement according to the instructions of OTRS. 廣九直通車 (talk) 04:01, 14 February 2020 (UTC)[reply]
The file is found in this Twitter post by Network Rail, and did not have an explicit free license given. Please inform the copyright holder to designate a free license, or to send a permission statement according to the instructions of OTRS. 廣九直通車 (talk) 03:59, 14 February 2020 (UTC)[reply]
The file is found in this Twitter post by Network Rail, and did not have an explicit free license given. Please inform the copyright holder to designate a free license, or to send a permission statement according to the instructions of OTRS. 廣九直通車 (talk) 03:59, 14 February 2020 (UTC)[reply]
  •  Comment per User:Pigsonthewing, merged five discussions into one. —⁠andrybak (talk) 12:22, 18 February 2020 (UTC)[reply]
  • Comment The uploader specified a suitable licence with the original uploads. We would normally need OTRS evidence to prove the authenticity of the uploader but in this case we have the same Twitter account confirming that they have made the upload here. However, what we are lacking is a statement that the employee is authorised to release corporate copyright on behalf of their employer. As stated at Commons:OTRS, I am an employee of the copyright owner. Please send us a clear statement from an email address that shows that you act for the copyright holder, stating that you are authorised by your employer to release the work, under a specific free license. See Commons:Email templates for the preferred form. Alternatively, add a free license to the work alongside the file on the copyright holder's website. We will review your statement for authenticity and will let you know if we can accept it as valid.
    Relying on the Twitter evidence presents three key problems.
    1. The employee is clearly authorised to share images on the corporation's social media feed but we have no evidence of their authorisation to license work on behalf of their employer.
    2. Twitter is not a permanent record of evidence. Posts can be edited or deleted with ease. Have the posts entered the permanent record at internet archive?
    3. Twitter is not a guarantee of authenticity. There have been numerous examples of Twitter accounts being hacked or spoofed. While this account appears genuine, there will always be an element of doubt.
  • In this case, I'd suggest that we ask for an email from Network Rail to confirm that the Commons account is authorised to licence copyrighted material on their behalf. From Hill To Shore (talk) 08:34, 19 February 2020 (UTC)[reply]
    • As a further comment, Network Rail describe their usage of social media as "informal" and invite formal communication by other channels. Therefore, the Twitter evidence in this case is an informal claim of copyright ownership and release. From Hill To Shore (talk) 08:46, 19 February 2020 (UTC)[reply]
    • Can you point to a policy stating that a "clear statement from an email address that shows that you act for the copyright holder," is mandatory, rather than an OTRS belt-and-braces nicety, when we already have a release that is tied to a corporate uploader? I think we have a multitude of images, corporate or otherwise, that we accept without one. And how is Network Rail's social media policy any different to many organisations' email policies, with similar wording in or linked from email footers? Andy Mabbett (Pigsonthewing); Talk to Andy; Andy's edits 09:25, 19 February 2020 (UTC)[reply]
  • Comment. I'm not sure I understand what's going on here, but here's what I'm gathering from the file history and Twitter links: (1) a Network Rail employee, acting on behalf of Network Rail, posted these photos on the company Twitter account; (2) upon request, that employee uploaded the photos to Wikimedia Commons, identified themselves as the copyright owner and selected a CC-BY-SA 4.0 license; (3) that employee subsequently posted to Twitter on the Network Rail account confirming that they were the Commons uploader. If that's correct, it's certainly possible to conjure up possible legal issues here, involving either the actual provenance of the photo or various finer points of UK agency law. Perhaps the employee was not authorized to license IP on Network Rail's behalf in this way (although the fact that they are authorized to post this media to Twitter in the first place indicates they must be authorized to do some ad-hoc IP licensing, so I'm not sure why this would be considered to be outside their scope of authority). Or perhaps the photo wasn't actually Network Rail's to license. It's always possible to conjure up some scenario that would invalidate a license. But absent any actual evidence of a problem, I'm unclear why this would be considered any more suspect than any other "own work" claim. -- Visviva (talk) 03:01, 22 February 2020 (UTC)[reply]
 Delete The problem here is that these images were taken from Twitter by User:LOZNRPICS. They did not and do not have a free license on Twitter. Subsequently, someone calling himself Network Rail has added a free license in the file description here. We have no evidence that whoever that is has the right to do so.
In order to keep these, either (a) the actual photographer must send a free license using OTRS or (b) someone else must send such a free license together with written evidence that he has the right to freely license them. If that person is acting on behalf of Network Rail, he must also present evidence that he is authorized to give away the corporation's assets. .     Jim . . . (Jameslwoodward) (talk to me) 20:38, 3 April 2020 (UTC)[reply]

 Keep The correspondence at http://web.archive.org/web/20200211045450/https://twitter.com/NetworkRailSE/status/1226838796769091585 shows that the owner of @NetworkRailSE is the account LOZNRPICS. So the releases on Commons are the releases for the owner of @NetworkRailSE. Deletion would be weird and illogical at this point. --Fæ (talk) 17:02, 6 September 2020 (UTC)[reply]

Kept: The Twitter conversation is certainly not the most stellar release we've gotten, but it provides circumstantial evidence to support the license. The question of if the employee is authorized to license Network Rail photographs or not is not a question we need to decide. Because the uploader is an employee of Network Rail, they have apparent authority to license works on behalf of Network Rail. No information has been provided that would contradict that authority, only conjecture. In the interest of clarity, I would encourage Andy Mabbett to ask for unambiguous statements of permission releasing specific works under specific licenses in the future. --AntiCompositeNumber (talk) 04:01, 12 September 2020 (UTC)[reply]

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