Commons:Deletion requests/Image:Endurance sink.jpg
English work, not U.S. work. Photographer Frank Hurley died in 1962, so not PD in source country. dave pape (talk) 01:36, 26 August 2008 (UTC)
I see that there are a number of other Hurley photos from the Endurance on Commons. Some of them come from the National Library of Australia (Hurley was Australian), and are tagged PD-Australia. I guess the question is whether his work done on the Endurance Expedition falls under English copyright law or Australian copyright law. I believe that ones first published in Shackleton's book South (published London: Heinemann, 1919) should count as English, but for the others without publication data, I don't know.
Hurley photos published in South are:
- Image:TryingToCutAWayForTheShip.jpg (photo by Hurley, per [1] from [2])
- Image:WildAndShackletonInTheHeavyPressure.jpg
- Image:Endurance Final Sinking.jpg [3]
- Image:Hurley shackleton at camp.jpg [4]
- Image:LaunchingTheJamesCaird2.jpg [5]
- Image:PanoramaOfSouthGeorgia.jpg [6]
- Image:Elephant island party.jpg [7]
- Image:AllSafeAllWell.jpg [8]
- Image:RossSeaParty.jpg [9]
--dave pape (talk) 02:24, 26 August 2008 (UTC)
I am not expert about copyright, but i have uploaded the Endurance sink.jpg photo. All photos come from Shackleton book, that you can find on [10] (photos are on the 4think, the one of 4.75 MB). The last photo (RossSeaParty.jpg) is about Ross sea party and I guess was not taken by Hurley that was in the weddell sea party (on the other side of Antarctica), but i can be wrong. --Hal8999 (talk) 10:06, 27 August 2008 (UTC)
- Photos from the 1919 book would all be PD in the US, and so could be uploaded to the English Wikipedia. The concern is that they might not be free in their source country, as required by Commons policy; what's not completely certain is what we should consider their source country - the UK or Australia.
- The "Hurley" label on Image:RossSeaParty.jpg might be a mistake, in whatever source it's actually from. I did notice that the Gutenberg copy doesn't have that on it. (Sorry that Gutenberg rejects all the image links above - didn't realize it when I was copying them; but you can still find all the illustrations from the book's html-version page). --dave pape (talk) 15:52, 27 August 2008 (UTC)
- According to Help:Public domain#Published outside the United States, all works published outside the US that complies with US formalities are in the public domain and need not any template. If that Help page is the assertion of Commons, I fail to see any problems with this image (since its source was published in 1919). Jappalang (talk) 22:28, 27 August 2008 (UTC)
- Commons policy is that works must be "public domain in at least the United States and in the source country" (should probably be added to that Help page). --dave pape (talk) 22:33, 27 August 2008 (UTC)
- Correct me if I am wrong (I know nothing about copyright law but I have always followed advice), but is it that photographs from Shackleton's 1919 book can be uploaded to English Wikipedia, but not to Commons on the grounds that they may not be in PD in the UK? If that is the case, to save further argument I suggest that this image be deleted from Commons. I have already uploaded it to English Wikipedia under a different name. I am quite prepared to do the same with any other Hurley images I have used in expedition articles. Brianboulton (talk) 23:40, 27 August 2008 (UTC)
- I want only to remind you that commons images are not used only in en.wikipedia. A commons image can be easly used in every wikipedai project. If we can save these images in commons is better. --Hal8999 (talk) 08:47, 7 September 2008 (UTC)
- Correct me if I am wrong (I know nothing about copyright law but I have always followed advice), but is it that photographs from Shackleton's 1919 book can be uploaded to English Wikipedia, but not to Commons on the grounds that they may not be in PD in the UK? If that is the case, to save further argument I suggest that this image be deleted from Commons. I have already uploaded it to English Wikipedia under a different name. I am quite prepared to do the same with any other Hurley images I have used in expedition articles. Brianboulton (talk) 23:40, 27 August 2008 (UTC)
- Commons policy is that works must be "public domain in at least the United States and in the source country" (should probably be added to that Help page). --dave pape (talk) 22:33, 27 August 2008 (UTC)
- According to Help:Public domain#Published outside the United States, all works published outside the US that complies with US formalities are in the public domain and need not any template. If that Help page is the assertion of Commons, I fail to see any problems with this image (since its source was published in 1919). Jappalang (talk) 22:28, 27 August 2008 (UTC)
Kept. No consensus. Maxim(talk) 20:07, 13 April 2009 (UTC)