File:WintersetEF4tornado.PNG

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This media file has been nominated for deletion since 31 August 2024.
To discuss it, please visit the nomination page.

Do not remove this tag until the deletion nomination is closed.

Reason for the nomination:
This file is a screenshot from a video under copyright by WHO13 TV, Des Moines, shot by their reporter on the scene, Roger Riley. He posted it to X from the scene[1] (this frame is at about 0:06) and you can see it in context in WHO13's coverage as posted to YouTube[2] (frame is at about 1:34)

It was filmed in the United States in 2022.

There is no claim that Riley was a US Federal government employee performing his duties, or that this image is ineligible for copyright for any other reason.

As an video made in the United States after 1989, copyright came into being as soon as the image was made. Individual frames from a video under copyright are also under copyright.

This image was uploaded to Commons under rationales expressed in the {{PD-NWS}} template at the time; that

  1. when the weather.gov general disclaimer says that material not in the public domain will be specifically noted, it means that it must be published with a formal copyright notice. Whereas in reality, not only has the NWS never promised any specific form of notation, there is ample evidence to demonstrate this is not their general practice. This belief also chooses to ignore the words elsewhere in the disclaimer that state that third party images are used by the NWS under license, and to contact the third-party creators for re-use.
  2. the words of a NWS Sioux City regional office policy that placed some public submissions in the public domain somehow applied to this image, although there is nothing to connect it with that office. (The still was published by the Des Moines office).
Without clearer evidence that WHO13 intended to place this image in the public domain, we need to delete this under COM:PRP.
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Summary

[edit]
Description Large EF4 wedge tornado near Winterset, Iowa.
Date
Source https://www.weather.gov/dmx/March5th2022Tornadoes
Author Roger Riley
Permission
(Reusing this file)		 NWS Des Moines

Licensing

[edit]
Caution: License review in progress

As of September 2024, the copyright and licensing status of this file is under review.

A Commons contributor has asserted in good faith that this file is in the public domain either because:

  • it is a work of the National Weather Service, and as a work of the US Federal Government, ineligible for copyright or
  • a third party might have submitted it to a National Weather Service regional office under terms and conditions that placed it in the public domain. For example, the La Crosse, Louisville, Norman, Omaha, Peachtree City, and Sioux Falls offices are known to have had such terms and conditions for certain contests and other public outreach at various points in time (see here for a complete list) or
  • it is free of copyright for some other reason (for example, it contains no copyrightable elements, or its copyright has expired)

If, during review, this file is found to be in the public domain or available under a free license, a new rationale will be applied as part of the review process and this notice will no longer be displayed. Files that cannot be established with reasonable certainty to be in the public domain or available under a free license will be deleted.

To uploaders

Before re-using this file
You must verify that at least one of the above conditions is true.

In particular, if the file was created by a third party, verify that the specific terms and conditions under which its creator submitted it to the NWS included an explicit release of the file into the public domain. Read such terms and conditions carefully; at least one of these (Omaha) contains one option which would place the file into the public domain and another option which would not.

If you cannot verify the terms and conditions that applied to the submission, or these terms and conditions did not contain an explicit release into the public domain, contact the creator of the file and ask their permission to re-use it. If you are unable to verify that this file is in the public domain or available under a free license, please consider nominating this file for deletion.

See below for the original rationale for asserting that this file is in the Public Domain.

Original public domain rationale
Public domain
This image is in the public domain because it was stored on the web servers of the U.S. National Weather Service. NWS-created images are automatically public domain in the U.S. since the NWS is a part of the U.S. government. However, the NWS sites also host non-NWS images which have been submitted by individuals: these are generally shown as "Courtesy of ...". Such images have explicitly been released to the public domain by the copyright owner as part of the upload process.
  • As stated at https://www.weather.gov/disclaimer/: "The information on National Weather Service Web servers and Web sites is in the public domain, unless specifically annotated otherwise, and may be used freely by the public."
  • As stated at https://www.weather.gov/fsd/disclaimer: "By submitting images, you understand that your image is being released into the public domain. This means that your photo or video may be downloaded, copied, and used by others."
Thus, all* images on NWS servers are public domain (including "Courtesy of ..." and “Photo by ...” images) unless specifically stated otherwise through a copyright (©) watermark.
*A deletion discussion in November 2023 ruled that Getty Images on the web servers of NWS, are to be considered copyrighted, even without a copyright (©) watermark and are the sole exception to this rule.

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File history

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Date/TimeThumbnailDimensionsUserComment
current06:22, 27 March 2022Thumbnail for version as of 06:22, 27 March 20221,024 × 785 (877 KB)TornadoInformation12 (talk | contribs){{Information |Description=Large EF4 wedge tornado near Winterset, Iowa. |Source=https://www.weather.gov/dmx/March5th2022Tornadoes |Date=March 5, 2022 |Author=Roger Riley |Permission=NWS Des Moines |other_versions= }}

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