Commons:License review/Requests/Archive/2021

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Adam Cuerden

Aurelio de Sandoval

Aurelio de Sandoval

C1K98V

GhostP.

ShyAlpaca482

  • ShyAlpaca482 (talk · contributions (views) · deleted user contributions · recent activity (talk · project · deletion requests) · logs · block log · global contribs · CentralAuth) (assign permissions)
  • Reason: I would like to request rights to become a license reviewer because I noticed that there are a lot of images pending license verification on Commons and copyright is a topic of great interest to me. I have read through COM:LR and COM:L, and I want to contribute to Flickr review, Pixabay review, YouTube review, and review of images from websites in general. I understand that my tenure on Commons is a bit short, but I believe that I have a healthy understanding of copyright (although by no means would I call it a thorough understanding - I am not a lawyer and I have never been officially licensed to practice law in any jurisdiction). With all that in mind, here is a brief summary of what I've gathered from my time on Commons about Commons policy and copyright in general:

The vast majority of works on Commons are licensed under the following licenses: CC BY, CC BY-SA, CC0, and public domain (not really a "license," per se, but nevertheless allowed on Commons). GFDL is not considered acceptable as the only license on an image after a policy change in 2018. Images from before this date may remain on the site. However, it is rare to find a photo licensed under the GFDL only on Flickr, YouTube, etc. Non-commercial licenses are also not inside the scope of Commons. Furthermore, fair use is not considered acceptable on Commons and therefore must always be rejected if used as the sole rationale for an image.

Despite being licensed under an acceptable license (like CC BY), images from online sources like YouTube or Flickr may still be unacceptable on Commons because the copyright holder never had the right to license the image in the first place (usually because a subject in the image is copyrighted). For example, in most areas (exceptions will be noted later), a picture of copyrighted (i.e. recently published) 2D artwork such as a mural painted on the side of a building is considered not allowed unless the copyright holder grants permissions because the picture would be a derivative of the mural. We must take this into consideration when determining whether an image is acceptable.

Copyright expires after a set duration, depending on the country. For certain types of works in some countries, copyright may be as short as 50 years after publication (as is the case for anonymous works published in Canada), but it may be as long as 100 years after the death of the author (e.g. Mexico). This should be taken into consideration, as a photograph of a work that is now out of copyright is perfectly acceptable on Commons (provided it is licensed under a suitable license, of course). In addition, "common property" and very simple objects that do not show sufficient originality are not covered under copyright in the first place. However, it should be noted that the "threshold of originality" differs from jurisdiction to jurisdiction. In the United States, if there was no copyright notice and the work was published before 1978, the work may also be in the public domain, but this exception is unlikely to apply to works published on platforms on YouTube or Flickr. When reviewing an image, research should be done to see if the subject is copyrighted or not (expired copyright or ineligible for copyright). If there is considerable doubt, err on the side of caution (COM:PCP).

There are two major exceptions to copyright that Commons accepts (three if you count non-renewed works published before 1963 in the United States, but that does not apply internationally so I won't cover it here, although it is important):

1. Freedom of panorama. This is the most common and, unfortunately, (in my opinion, at least) the least well-defined of the copyright exceptions. There is no common rule that most countries follow and the situation is different from jurisdiction to jurisdiction. Some countries like the United States or Russia allow freedom of panorama for architectural works only (Russia also happens to allow it for "works of garden design." I have a suspicion that these will not come up that often, but if they do, I will certainly keep this in mind). Others like Canada allow freedom of panorama for 3D works and public interiors (interiors of buildings which are accessible to the public), while others still do not allow it at all (A notable example is France. Images of the Eiffel Tower at night and the Louvre are not considered free except for de minimis or other exceptional cases). Angola is an example of a jurisdiction where even reproductions of 2D works are covered under freedom of panorama.

2. De Minimis. De minimis is the concept of the use of a copyrighted work that is too trivial to be considered an infraction and therefore does not require the permission of the copyrighted work. Obvious de minimis cases will generally be uncontested. If there is significant doubt cast on a de minimis claim, it may be necessary to apply the precautionary principle and start a discussion to resolve the issue through community consensus.

In some uncommon cases, copyrights can be restored after they have expired. When copyright was changed in the European Union from 50 years pma to 70 years pma, some expired copyrights were extended retroactively. That means that a work in which an author died from 1925 to 1944 and the rights had already expired could suddenly be back into copyright. The last of copyrights potentially affected by this change expired on 1 January 2015. Another example of copyright restoration is the URAA. The circumstances surrounding issues arising from copyright restoration are complicated and should be decided on a case-by-case basis and by applying the precautionary principle when in doubt. Another subset of works under different rules in copyright are works done by the government and posthumous works. A general rule is that works by the United States government are not copyrighted, but this may be different in other jurisdictions. There are also many minor quirks and exceptions in the copyright rules of certain countries that are too numerous to discuss in detail here, including limited perpetual copyright (the Soviet Union used to do this), seized enemy property during wartime (Alien Property Custodian in the United States), compulsory/statutory licenses (do not apply on Commons, but I thought it would be interesting to anyone reading this), typographical copyright and publication right (for example, in the United Kingdom), sui generis database rights (European Union), and the restored copyright of certain soldiers from certain countries who died in World War II. Fortunately, these do not show up very often, and information on these rules can always be located in COM:CRT or other authoritative documentation online on a case-by-case basis if necessary.

I hope that my detailed (although a bit long, admittedly) explanation proves that I at least have a basic understanding of copyright and Commons policy, but I understand that no matter how much theory you know, the best test of knowledge is with real-world examples. I will gladly perform an analysis of copyright of certain images on request (as I've seen many others do in the license reviewer request archive). Also, please feel free to ask me any questions you may have about my application and/or my understanding of copyright. Again, I understand that my tenure on Commons is not very long compared to other applicants, but it would be an honor for me to be able to help out with the backlog of pictures pending review on the site and make a bigger contribution to Commons. Thank you for taking the time to consider my request. ShyAlpaca482 (talk) 22:33, 2 April 2021 (UTC)

  • Scheduled to end: 22:33, 4 April 2021 (UTC) (the earliest)
Comments
what do you think of these videos?
  1. https://www.youtube.com/watch?v=wum4cJu7Ir4
  2. https://www.youtube.com/watch?v=YQ5Ny5jgews --RZuo (talk) 20:02, 6 April 2021 (UTC)
Here is my verdict on the videos:
  1. Reject because despite the fact that the video is licensed under an acceptable license for Commons (CC BY), there is no freedom of panorama in Dubai except for "broadcasting programmes." The Burj Khalifa (prominently visible in multiple shots of the video) was completed in 2009 and because of this is still protected under copyright and will continue to be protected for the foreseeable future.
  2. Reject (until 1 Jan 2025) because although the video is freely licensed (CC BY), there is no freedom of panorama in France and the works depicted in the video are copyrighted. The video prominently showcases paintings by Henri Matisse. While some of the images may be public domain in other countries (such as the United States), Commons requires that works be public domain in both the source country and the United States in order to be acceptable. Matisse died in 1954 and copyright in France lasts for 70 years after the death of the author. Therefore, the copyright on his artwork will expire on 1 January 2025 (1954+70+1), which is when this video will become acceptable on Commons. --ShyAlpaca482 (talk) 23:03, 6 April 2021 (UTC)
weak oppose. there's a more important problem in #2 -- the youtube channel is not the real copyright owner.--RZuo (talk) 13:14, 7 April 2021 (UTC)
I will try to keep it short and sweet in the future. I wasn't sure how long an application is supposed to be and I will keep this in mind. --ShyAlpaca482 (talk) 22:40, 6 April 2021 (UTC)
Hi ShyAlpaca482, I apologise if I've come across rude that certainly wasn't my intention - I appreciate you were trying to be informative as possible and I appreciate you were trying to explain your knowledge here but unfortunately no one's going to read it.
You're more than welcome to take a read of Commons:License review/Requests/Archive/2020 and get a general jist of the length and then retry again. (Your short and sweet version below is perfect btw).
Again my apologies for the unintentional rudeness above, Happy editing. Thanks, –Davey2010Talk 14:42, 7 April 2021 (UTC)
@Davey2010: Thank you for your kind words! I will consider trying again in the near future. :) --ShyAlpaca482 (talk) 22:09, 7 April 2021 (UTC)
For anyone dissuaded by the wall of text in my original request above, here is a significantly consolidated summary of the main points I made:
  • I have read through COM:LR and COM:L, and I would like to contribute by reviewing from Flickr, Pixabay, YouTube, etc.
  • I understand that Commons only accepts certain types of licenses (e.g. CC BY, CC BY SA, CC0, etc.)
  • I understand that sometimes, an online photo or video may contain other creative works that may be copyrighted.
  • In order to determine if these works are acceptable, we must primarily consider 4 factors: whether the material is eligible for copyright, whether the copyright has expired, whether it is covered by freedom of panorama, or whether it is covered under the principle of de minimis
  • In rare instances, the status of a work may be unclear or the work may be acceptable under another exception to copyright. These may be decided on a case-by-case basis
  • I am happy to answer any questions or prove my knowledge with examples. --ShyAlpaca482 (talk) 23:22, 6 April 2021 (UTC)

Withdrawn. It appears that I need to gain more experience before becoming a license reviewer. Maybe I will request this right again in the future (after all, that backlog is not going to resolve itself! :)). --ShyAlpaca482 (talk) 14:09, 7 April 2021 (UTC)

Hmm. I actually liked your wall of text; you seemed to have looked at the issues thoroughly, and the oppose reasons didn't bother me. I'd recommend you reapply sooner rather than later. --GRuban (talk) 22:06, 7 April 2021 (UTC)

Red-back spider

BureibuNeko

Aurelio de Sandoval

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Nosferattus

ShyAlpaca482

BureibuNeko

Contributers2020

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Maometto97

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