Wikipedia:Possibly unfree files/2015 October 15

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Randy Brecker photo with trumbet, taken by wife Ada, April 2014.jpeg (delete | talk | history | logs).

• Unless the uploader is his wife there is a conflict with the source statements. Eeekster (talk) 00:52, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 07:05, 11 November 2015 (UTC)[reply]

File:378px Tim Gemmill.jpg (delete | talk | history | logs).

• Image not found at cited source. Eeekster (talk) 01:09, 15 October 2015 (UTC)[reply]

Eeekster: Please remove your warning tag for File:378px Tim Gemmill.jpg on the Tim Gemmill page. Wikipedia has permission to display this photograph. It is in the public domain and can be found at Music on the Web®. Thank you. Cozgem (talk) 06:53, 22 October 2015 (UTC)[reply]

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The result of the discussion was: keep. The file is now tagged as non-free, and is no longer eligible for deletion through this venue. It may still be deleted by other means. — ξ^xplicit 06:35, 23 October 2015 (UTC)[reply]

File:Games People Play cover 1964.jpg (delete | talk | history | logs).

• Since the book is the clear focus of this photo, I do not think this is a free image. Steel1943 (talk) 04:01, 15 October 2015 (UTC)[reply]
• Thanks for the feedback. My understanding is that the use of a book's cover in connection with a review, comment, or news reporting is a fair use. Do I need to alter the listing? Wiki-psyc (talk) 13:00, 15 October 2015 (UTC)[reply]
• Note: This image is currently tagged as non-free. If there is a dispute with the rationale, please tag the image with {{dfu}} or list it at WP:Non-free content review. AnomieBOT⚡ 13:09, 15 October 2015 (UTC)[reply]
• I think I did that when changing the rationale to Fair Use based on looking at the copyright law. Wiki-psyc (talk) 17:27, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:FatzFront.jpg (delete | talk | history | logs).

• Web resolution, no metadata, likely copyvio. Kelly ^hi! 11:01, 15 October 2015 (UTC)[reply]
• The strange border suggests that the picture comes from elsewhere, possibly a screenshot of some website. --Stefan2 (talk) 11:03, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Giorgi kadagidze.jpg (delete | talk | history | logs).

• It says "Previously published: at www. nbg.gov.ge" meaning that we need evidence of permission. See WP:CONSENT. Stefan2 (talk) 11:02, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Fence12-10-10.jpg (delete | talk | history | logs).

• Web resolution and lack of camera metadata, along with limited history of contributor, suggest this is a copyvio. Kelly ^hi! 11:24, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Festivalofhope.jpeg (delete | talk | history | logs).

• Unable to verify source or license. Kelly ^hi! 11:57, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:FIAF building.jpg (delete | talk | history | logs).

• Unclear if the uploader is the copyright holder of the photo. Kelly ^hi! 12:00, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Fisher, Bernice 1960.jpg (delete | talk | history | logs).

• Missing evidence of permission. Kelly ^hi! 12:08, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Flores gun boat.jpg (delete | talk | history | logs).

• Missing essential source information to verify licensing. Kelly ^hi! 12:16, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:FrankStanford St. Benedict sCemetery.jpg (delete | talk | history | logs).

• Unclear if uploader is copyright holder. Kelly ^hi! 13:00, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:G8brown.JPG (delete | talk | history | logs).

• Unable to verify source or license of photo. Kelly ^hi! 13:21, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:GarrickDavis2013inWashington.jpg (delete | talk | history | logs).

• No evidence uploader is copyright holder. Kelly ^hi! 13:23, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Golden conure perched in its cage.jpg (delete | talk | history | logs).

• Unclear if uploader is copyright holder. Kelly ^hi! 13:45, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Gracelee.jpg (delete | talk | history | logs).

• Low-resolution image of Grace Lee; I'm skeptical that the uploader is the copyright holder. Kelly ^hi! 13:51, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Appayya Swami Aigali.jpg (delete | talk | history | logs).

• Ticket insufficient. Image of the person may be old enough to be free, but may not. Contradicting claims in the ticket and overall confusion. Nothing subsequent to a clarification request I sent on 2015-10-05. Storkk (talk) 16:05, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Sign for Galeria Kaufhof.jpg (delete | talk | history | logs).

• Is this a photo of a TV screen? Stefan2 (talk) 20:29, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Street musician.jpg (delete | talk | history | logs).

• Sourced to Flickr, but only with a generic link to the Flickrstream. A more direct link is needed in order to check if the file is freely licensed or not. The copyright tag is not a copyright tag offered by Flickr. Stefan2 (talk) 21:53, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Panoram.jpg (delete | talk | history | logs).

• Low resolution, no EXIF. The strange border suggests that it is a screenshot from somewhere. Stefan2 (talk) 21:54, 15 October 2015 (UTC)[reply]

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The result of the discussion was: delete nominated revision. — ξ^xplicit 06:35, 23 October 2015 (UTC)[reply]

File:Lake1.jpg (delete | talk | history | logs).

• Overwritten file: two in one.

1. File uploaded by Mancho~enwiki (talk · contribs) and TerminalPreppie (talk · contribs): Properly sourced and licensed. Keep this one.
2. File uploaded by Ndn (talk · contribs): No source and no licence. Delete this one. Stefan2 (talk) 21:56, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Iximche1.jpg (delete | talk | history | logs).

• It says "Fair Use", so does it mean that the picture is unfree? Stefan2 (talk) 21:57, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Jonathanjames.jpg (delete | talk | history | logs).

• Apparently a photo by Jonathan James, but without evidence of permission from him. Also note that the person on the photo is unidentified, so the picture isn't very useful for us. Stefan2 (talk) 21:59, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Karl Peters.jpg (delete | talk | history | logs).

• Appears in larger resolution elsewhere, see [1]. Unlikely to be own work by the uploader. Stefan2 (talk) 22:57, 15 October 2015 (UTC)[reply]

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT⚡ 08:06, 23 October 2015 (UTC)[reply]

File:Piazza Saffi.jpg (delete | talk | history | logs).

• Sourced to itwiki where it was deleted due to lack of legal information. Stefan2 (talk) 23:51, 15 October 2015 (UTC)[reply]

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The result of the discussion was: keep and change license to {{PD-US-unpublished}}. — ξ^xplicit 06:35, 23 October 2015 (UTC)[reply]

File:T.S. Eliot, 1923.JPG (delete | talk | history | logs).

• The copyright tag refers to the source country, but English Wikipedia is hosted in the United States, where the copyright rules are different. It seems that the photographer died after 1925, so the United States copyright term expires 95 years after the photograph was first published. Stefan2 (talk) 23:54, 15 October 2015 (UTC)[reply]

• Please be specific about which element of Wikipedia's guidelines or policies you are referring to. Be very precise and make a clear case. --Anthonyhcole (talk · contribs · email) 02:37, 16 October 2015 (UTC)[reply]

• He's saying it's a copyvio. Samsara 09:11, 16 October 2015 (UTC)[reply]

• Yep. Sorry. I'm not being clear. Stefan says, I think, that this image is still covered by copyright in the US, and gives his reason for thinking that. I'm asking him to point to the relevant Wikipedia advice page, guideline or policy that supports his position.

To be clear: I know next to nothing about copyright, as I'm sure is the case with many Wikipedians. I saw notification of this listing on User:SlimVirgin's talk page (which I have watchlisted) and came here to see what it is about. I'm assuming there is a clear and simple guideline on Wikipedia that clearly, simply and plainly supports Stefan's position, and am asking him to point to it.

Perhaps I'm wrong in my assumption, and it's just down to Wikipedians to cite the relevant US and other statutes, like bush lawyers. I'd be surprised and very disappointed, though, if that is the case. --Anthonyhcole (talk · contribs · email) 10:47, 16 October 2015 (UTC)[reply]

• Nothing to do with Wikipedia - it's the law: Copyright law of the United States. Samsara 11:01, 16 October 2015 (UTC)[reply]

• Are you saying there are no guidelines on how to determine copyright status on Wikipedia? --Anthonyhcole (talk · contribs · email) 11:28, 16 October 2015 (UTC)[reply]
  • See WP:C and WP:NUSC. It's the copyright status in the United States which decides. --Stefan2 (talk) 11:46, 16 October 2015 (UTC)[reply]

• Thanks for those links. According to Cornell University's "Copyright Term and the Public Domain in the United States - 1 January 2015", works published outside the US after 1 March 1989 (this image was first published on the UK National Portrait Gallery website after 2003) in a country that is a signatory to the Berne Convention (UK is a signatory), the copyright term is "70 years after the death of author, or if work of corporate authorship, 95 years from publication". The author, Lady Ottoline Morrell, died in 1938, so the US copyright term expired in 2008. --Anthonyhcole (talk · Special:Contributions/Anthonyhcole · email) 12:18, 16 October 2015 (UTC)[reply]
  • So this was never published anywhere before 2003? --Stefan2 (talk) 12:26, 16 October 2015 (UTC)[reply]

• It was in a bunch of photo albums bought by the NPG in 2003. I've done a google book search for "Eliot" + "David Cecil" (Cecil is in the un-cropped photo) and didn't find any photos of the two together. I did a similar search of all Ebook Library's holdings and came up with nothing. Anthonyhcole (talk · contribs · email) 12:39, 16 October 2015 (UTC)[reply]
  • The fact that it appeared in a book in 2003 does not rule out the possibility that the picture appeared in some other book or publication before 2003. It is only the year of the first publication which matters, and most printed publications are not available on the Internet. --Stefan2 (talk) 11:23, 18 October 2015 (UTC)[reply]

I suppose anything's possible. There could be monkeys on the moon. At this point, you now need to prove publication earlier than 1 March 1989 if you want us to delete this from Wikipedia. We can't be expected to prove it wasn't published earlier, that can't be done. But you can prove it was published earlier, if it was published earlier. Do that and I'll be the first to support its deletion. Anthonyhcole (talk · contribs · email) 12:51, 18 October 2015 (UTC)[reply]

The requirement is to prove that the file is in the public domain. This requirement has not been fulfilled, since it hasn't been proven that the picture wasn't published before 2003. --Stefan2 (talk) 13:53, 18 October 2015 (UTC)[reply]

OK. My misunderstanding. Sorry. How do I prove something wasn't published? --Anthonyhcole (talk · contribs · email) 14:17, 18 October 2015 (UTC)[reply]

How did the National Portrait Gallery obtain the photo albums? Does it look as if the NPG obtained a collection of family photos? If so, then we have a credible reason to believe that the picture wasn't previously published; family photos are rarely published. On the other hand, if the NPG obtained pictures from a newspaper photographer, then it is much more likely that the picture was previously published.

I'd like to add that you should also consider the definition of 'publication'. Within copyright law, that typically means that you offer copies of a work to the public. If a public archive or the National Portrait Gallery owns a lot of pictures and allows the public to visit the archive or gallery to inspect the pictures and obtain photocopies of the pictures, then the pictures would probably be considered to be published when the archive/gallery begins to offer the public do do this. However, if the National Portrait Gallery didn't obtain the photograph until 2003, then it would not have been published by the National Portrait Gallery prior to this date. --Stefan2 (talk) 16:51, 18 October 2015 (UTC)[reply]

Hm. That description suggests that the collection mostly was unpublished when the National Portrait Gallery acquired them. I can't find the year 2003 anywhere. It says that the pictures were displayed in 2005 and that they had 'recently' been acquired at that time, so it seems fair to assume that the first publication was in 2003 or later (probably in 2005). It's probably fine to add {{PD-US-unpublished}} here. --Stefan2 (talk) 12:03, 21 October 2015 (UTC)[reply]

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