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Revision as of 17:35, 11 June 2012

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Welcome to the Media Copyright Questions page, a place for help with image copyrights, tagging, non-free content, and related questions. For all other questions please see Misplaced Pages:Questions.

How to add a copyright tag to an existing image

1. On the description page of the image (the one whose name starts File:), click Edit this page.
2. From the page Misplaced Pages:File copyright tags, choose the appropriate tag:
   • For work you created yourself, use one of the ones listed under the heading "For image creators".
   • For a work downloaded from the internet, please understand that the vast majority of images from the internet are not appropriate for use on Misplaced Pages. Exceptions include images from flickr that have an acceptable license, images that are in the public domain because of their age or because they were created by the United States federal government, or images used under a claim of fair use. If you do not know what you are doing, please post a link to the image here and ask BEFORE uploading it.
   • For an image created by someone else who has licensed their image under an acceptable Creative Commons or other free license, or has released their image into the public domain, this permission must be documented. Please see Requesting copyright permission for more information.
3. Type the name of the tag (e.g.; {{Cc-by-4.0}}), not forgetting {{ before and }} after, in the edit box on the image's description page.
4. Remove any existing tag complaining that the image has no tag (for example, {{untagged}})
5. Hit Publish changes.
6. If you still have questions, go on to "How to ask a question" below.

How to ask a question

1. To ask a new question hit the "Click here to start a new discussion" link below.
2. Please sign your question by typing ~~~~ at the end.
3. Check this page for updates, or request to be notified on your talk page.
4. Don't include your email address, for your own privacy. We will respond here and cannot respond by email.

Note for those replying to posted questions

If a question clearly does not belong on this page, reply to it using the template {{mcq-wrong}} and, if possible, leave a note on the poster's talk page. For copyright issues relevant to Commons where questions arising cannot be answered locally, questions may be directed to Commons:Commons:Village pump/Copyright.

If you have a question about a specific image, please be sure to link to it like this: ]. (Please note the ":" just before the word File) Thanks!

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This page has archives. Sections older than 7 days may be automatically archived by Lowercase sigmabot III.

How to cite/license derivative of existing commons PD material?

I created File:Map_of_Idaho_highlighting_time_zones.svg by editing File:Map_of_Idaho_highlighting_Owyhee_County.svg, the license for which says:

"I, the copyright holder of this work, release this work into the public domain. This applies worldwide. In some countries this may not be legally possible; if so: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law."

What is the correct choice in the licensing listbox when uploading this file (or what license template is supposed to be included and where)?

Is this seemingly-common issue addressed somewhere? I spent time looking and didn't see any direct hits. —— 10:59, 28 May 2012 (UTC)

If the original is public domain, legally you do not have to credit it. However we prefer you to list it as a derivative with a link to the image it is derived from. Graeme Bartlett (talk) 13:31, 29 May 2012 (UTC)

Can you be more specific as to my questions above? —— 05:27, 30 May 2012 (UTC)

The license and attribution you provided are just fine. You may leave it as is. De728631 (talk) 15:38, 31 May 2012 (UTC)

Thanks. It's possible I missed it, but I don't think there was an easy, clear choice for this seemingly common scenario (derivative of PD) in the licensing listbox that appears when you first upload a new file (unless you are familiar enough with the details of copyright law, which I'll assume most people are not). —— 22:31, 6 June 2012 (UTC)

book reviews and copyright

copyrighht?

Dear Sir/madam

I have clippings of newspapers/national dailies published in Pakistan. I would like to know whether they are free of copyrights? I have to upload them to wikipedia for an article on wiki. thanks MH Rana — Preceding unsigned comment added by Mehboobulhasanrana (talk • contribs) 13:16, 4 June 2012 (UTC)

Newspaper articles and photographs are always copyrighted and must not be uploaded to Misplaced Pages. You may however quote brief portions of text from such articles and attribute that to the proper source and author. De728631 (talk) 14:11, 4 June 2012 (UTC)

File:Willie Nelson Armadillo Headquarters 1972.jpg

I uploaded the picture to the commons, but now I have doubts about the license. According to the Flickr description page, it was licensed as Attribution-NonCommercial-ShareAlike 2.0 Generic, which is now called Attribution-NonCommercial-ShareAlike 3.0 Unported. I uploaded the picture to the commons with a Creative Commons Attribution 3.0 Unported.

My doubts:

• Did I chose the right license?
• If the license is not correct, can I upload the picture in Misplaced Pages as we do with the Fair use pictures?

It would be really useful to illustrate with the photograph the section of the music beginnings of Willie Nelson.--GDuwenTell me! 00:37, 5 June 2012 (UTC)

I have tagged the file for deletion on Commons. Non-commercial licenses are incompatible with Commons.--ukexpat (talk) 00:45, 5 June 2012 (UTC)

Fine, but still, can this file be uploaded to Misplaced Pages (not Commons) with the license or it would be more proper to upload it under fair use?--GDuwenTell me! 01:15, 5 June 2012 (UTC)

Non-commercial is also inappropriate for Misplaced Pages. I don't think it would meet all of the criteria at WP:NFCC to qualify for non-free use.--ukexpat (talk) 02:04, 5 June 2012 (UTC)

InPSC

HI I want to upload and place a logo of a company that I am forming call the InPSC but am finding the process confusing. Can you advise me as to how to process with placing the logo on the lead page of my wikipedia page. This is the page that will be linked to from my website - the design of which is near completion.

Importantly - I own and created the logo for the e-library component of a new web based knowledge portal

Regards Frank Username PMacGaol — Preceding unsigned comment added by PMacGaol (talk • contribs) 00:46, 5 June 2012 (UTC)

Before uploading the logo, you may wish to read WP:SELFPROMOTE and WP:PROMOTION (items 4 and 5). Chris857 (talk) 00:56, 5 June 2012 (UTC)

Can images derived from non-free film stills be used under the "fair use" provisions?

I understand that unmodified, non-free film stills can normally be used under the "fair use" provisions in Misplaced Pages articles which discuss the film. What is our position with respect to film stills which have been modified by the uploader or by a third party? Misplaced Pages:FAIRUSE discusses only cropping a high-resolution image:

Another case may be where one small section of a large image needs high resolution to see details that are highlighted by the article text. In such cases, it may be better to crop the section to show the critical portion at a higher resolution than to try to reduce the full image. If this step is performed, editors should indicate the original source of the image and what modifications were made.

What about other sorts of modifications besides cropping? What if the uploader indicates that they modified the image, but does not say what those modifications were? —Psychonaut (talk) 12:18, 5 June 2012 (UTC)

Fair use may be used with a crop for a character in a film. If someone has modified a film screen shot, they should state what the source is and what the modification was. Otherwise we have an incomplete fair use rationale. Graeme Bartlett (talk) 21:26, 5 June 2012 (UTC)

Stars And Stripes Forever

I have an original 78 RPM recording by The Sousa Band of this march. It is on the Victor Talking Machine label. It is simmply titled Stars and Stripes Forever.I have no idea of its value. The record itself is mint but the paper sleeve is tattered all the way around.I noticed that someone had made the comment to call it The Stars and Stripes Forever, but that is incorrect. — Preceding unsigned comment added by 74.196.187.39 (talk) 14:06, 5 June 2012 (UTC)

And what is your problem concerning copyrights and potential uploads to Misplaced Pages? This page is not for discussing track titles. De728631 (talk) 14:29, 5 June 2012 (UTC)

I believe OP is noting that the article in Misplaced Pages is The Stars and Stripes Forever, rather than Stars and Stripes Forever. However, this forum is not the place for discussing that issue, the better place is Talk:The_Stars_and_Stripes_Forever. However, I urge the IP to read the move discussion on that page, discussing this very issue. SPhilbrick(Talk) 15:15, 5 June 2012 (UTC)

Picture of George Zimmerman's attorney, Mark O'Mara

Would it be allowed to use a picture of George Zimmerman's attorney, Mark O'Mara, for the article, Shooting of Trayvon Martin. The picture in question is from his website, http://www.markomaralaw.com/Attorney-Profile/Mark-M-O-mara.shtml, where it is used as a profile picture. I have seen it used in various media outlets before. We currently have pictures of Martin, Zimmerman and Angela Corey, all the major subjects of this high-profile case, but none of O'Mara. I would like to add the picture if it is possible. I uploaded it previously, only to have it deleted because I mis-labelled it as a website screenshot. Any guidance and suggestions would be appreciated.-- Isaidnoway (talk) 18:46, 5 June 2012 (UTC)

Mark O'Mara is still alive and presumably making public appearances. The website doesn't have a free-content license (in fact, it's marked "all rights reserved"), so using the image would be a clear-cut violation of non-free content criteria #1. --Carnildo (talk) 21:38, 5 June 2012 (UTC)

O'Mara is indeed alive and makes many media appearances, would a picture from a public media appearance qualify for use?-- Isaidnoway (talk) 02:29, 6 June 2012 (UTC)

Only if it is specifically freely licenced. ww2censor (talk) 02:31, 6 June 2012 (UTC)

That really doesn't answer my question. O'Mara appears on varying news programs on media outlets, would a still from that interview work is what I want to know. Wouldn't it be fair use as I only want to use a still, not the entire interview. For example, here is a still on HLN's site where he gave an interview. http://www.hlntv.com/article/2012/04/12/mark-omara-george-zimmermans-media-savvy-attorney -- Isaidnoway (talk) 05:14, 6 June 2012 (UTC)

Sorry but no, it does not matter because the still image is no more freely licenced then the whole interview. Fair-use on Misplaced Pages is only permitted if the image complies with all 10 non-free content policy guidelines which are much stricter than the legal understanding of fair-use. If the purpose of the image is to identify Mark O'Mara then any free image can do that and because he is alive as free image could be obtained, so any WP:NFCC use would fail the very first requirement, i.e., it would be replaceable. ww2censor (talk) 05:38, 6 June 2012 (UTC)

Thanks for the clarification.-- Isaidnoway (talk) 13:22, 6 June 2012 (UTC)

Barbra Streisand images

I've removed these images Special:ListFiles/Craignewcastle from the Barbra Streisand article based on NFCC #1 but can editor more knowledgeable about how Misplaced Pages handles image copyright issues tell me if they should be tagged for deletion? Most of them say something like "The owner has given me permission to use the image. Barwood Films." but I'm not sure that's "free" enough. Thanks. --NeilN 23:19, 5 June 2012 (UTC)

Unused no free media can take care of it. The Shot from The Way We Were could be used in an article, particularly the one about the film. Because it is counted as non free it matters little what the license granted is. The current license means that legally it could stay on Misplaced Pages, but our policy is to say no. So either it goes as unused non free or invalid license if it is pretending to be free. Graeme Bartlett (talk) 11:32, 6 June 2012 (UTC)

Possible derivative works

I am working with an editor who uploaded File:Sweet Revenge Liqueur bottle.jpg and File:Sweet Revenge Liqueur logo.jpg. I believe they may be derivative works due to the logo. I am not entirely sure though because I see conflicting tags on similar images. File:Jack Daniels Logo.jpg is uploaded with a fair use rationale while File:Jack Daniel's Old No. 7 1,14l.jpg, File:Jack daniels 5cl.jpg, and File:Jack daniels.JPG are uploaded as free images. Is the editor allowed to upload the sweet revenge photos or should one be removed and the other given a fair use rationale? Ryan Vesey Review me! 03:15, 6 June 2012 (UTC)

Yes, photos of labels that contain copyrighted works are derivative works. The ones on commons should probably be deleted. This doesn't mean the images can't be used on en.wiki, but they must be used under non-free criteria requirements. --MASEM (t) 03:59, 6 June 2012 (UTC)

Considering the non-free content criteria, one of the sweet revenge photos should be deleted as a violation of NFCC#3, correct? I would assume the logo would be removed and the bottle would remain. The logo does show slightly different information though. Ryan Vesey Review me! 04:05, 6 June 2012 (UTC)

Eh, its a personal choice, but logos are generally preferred over a photo, but if the bottle shape is important, that can be used. Also just as a note, in looking into the JD logos, there's a slim chance that they are the original logos and are out of copyright (assuming Jack Daniels made them himself, and its' 75+ years after his 1911 death, but that's unlikely). --MASEM (t) 04:14, 6 June 2012 (UTC)

I think the bottle is important in that case to show the color of the liqueur. Maybe he could take a picture of the bottle without the logo. Ryan Vesey Review me! 04:29, 6 June 2012 (UTC)

Certainly filling a shot/glass with the stuff and photography that is going to be free, and particularly useful if the color is its unique feature. --MASEM (t) 04:33, 6 June 2012 (UTC)

Policy on "re-quoted" source

Hi, I've noted some articles (mainly biographical) so far, link to USENET postings on Google's Archive, but on checking those postings they seem to be 'requotes' of press clippings.

There was a recent UK ruling that appears to say that such clippings (not officially authorised) are copyright infringment of the publications 'requoted'.

I've tagged a few of the links as {{Notoriginal}}, but would appreciate someone that has access to the relevant journals to determine if WP:EL or WP:RS needs updating, and the links tagged {{notoriginal}} re-sourced :) Sfan00 IMG (talk) 17:01, 6 June 2012 (UTC)

Can you provide examples? Is it that we on WP are requoting without attribution, or the USENET requoting with attribution? --MASEM (t) 17:04, 6 June 2012 (UTC)

See the What Links here for the template listed Special:WhatLinksHere/Template:Notoriginal, but to give an example:

• Earl_of_Swinton - http://groups.google.co.uk/group/Peerage-News/browse_frm/thread/a950513e8dc965a/a0d4eaac046b7984?lnk=st&q=earl+of+swinton&rnum=1&hl=en#a0d4eaac046b7984 - The posting on USENET attributes the Telegraph, but there is no indication that the Telegraph 'authorised' the clipping Sfan00 IMG (talk) 18:40, 6 June 2012 (UTC)

Photos of a part of a piece of jewelry

Can someone help with a photo question here: Misplaced Pages:Featured article candidates/Yogo sapphire/archive1. It's about a photo of just a Yogo sapphire part of a piece of jewelry known as the "Conchita butterfly". We're having trouble sorting it out. Thank you.PumpkinSky talk 19:22, 6 June 2012 (UTC)

Photos from books out of copyright

Is it permitted to take pictures from books out of copyright which have been put online? There are some photographs in The Dover Patrol (Epub) which I'm interested in. Thanks.Keith-264 (talk) 09:49, 7 June 2012 (UTC)

What year were photos and the book? --George Ho (talk) 10:12, 7 June 2012 (UTC)

• If the book is out of copyright and the image was originally published in said book, it is also out of copyright. — Crisco 1492 (talk) 10:58, 7 June 2012 (UTC)

http://archive.org/details/doverpatrol01bacogoog (1919). It's the photographs of landing ships and amphibous tanks I'm interested in. Thanks. Keith-264 (talk) 13:46, 7 June 2012 (UTC)

This book was published in New York in 1919, so it is out of copyright in the United States and scans from it can be uploaded to English Misplaced Pages. However, the author, Reginald Bacon, was British and died in 1947 which is less than 70 years ago, so the book is still copyrighted in the UK. According to the article about him, an edition of the book was published by a different publisher in London in 1919. This may mean that images can't be uploaded to Commons as images have to be out of copyright in both the US and in the source country. In this case, the source country (according to the Berne Convention) could be either the UK or the US depending on the exact date of publication in both countries. I would suggest that you upload any files locally to Misplaced Pages using {{PD-US-1923-abroad|2018}}. --Stefan2 (talk) 15:21, 7 June 2012 (UTC)

Thanks.Keith-264 (talk) 16:02, 7 June 2012 (UTC)

Releasing logo into the public domain

An editor would like to seek permission from the manufacturer to release the logo of Sweet Revenge (liqueur) into the public domain so File:Sweet Revenge Liqueur bottle.jpg would no longer be a derivative work. I understand that the picture would be usable for commercial purposes; however, would releasing the logo allow other companies to use the logo in their manufacturing?— Preceding unsigned comment added by Ryan Vesey (talk • contribs) .

Not if they have also registered the logo as a trademark. That would prevent anyone from using the mark in relation to the class(es) of goods for which the mark is registered.--ukexpat (talk) 17:13, 7 June 2012 (UTC)

So essentially it could be used commercially for anything other than liqueur and/or beverages? Ryan Vesey Review me! 21:42, 7 June 2012 (UTC)

That would depend on the classes in which it is registered as a trademark.--ukexpat (talk) 00:59, 8 June 2012 (UTC)

I have tagged the image as "{{Trademarked}}", just in case. --George Ho (talk) 21:54, 7 June 2012 (UTC)

Minnesota state owned images

I would like to include some of the images from this page in User:Ryan Vesey/Ole J. Finstad. I don't think they are in the public domain, but I'm not entirely convinced that they're not. The source for the page says that the Minnesota Digital Library helped in scanning; however, the library neither adds nor removes any copyrights. Everything would still be to the state. In that case, would something from the 1945-1946 Minnesota Legislative Manual be under copyright? The earliest was from 1935-1936, is there something similar to {{PD-old-70}} for when the death date of the author cannot be confirmed and the image was posted over 70 years ago? Ryan Vesey Review me! 02:14, 8 June 2012 (UTC)

I found File:Mabeth Hurd Paige (ca. 1935).jpg which may be useful in helping determine an answer. I believe that the file was tagged incorrectly though. It could possibly be tagged with {{PD-because}} — Preceding unsigned comment added by Ryan Vesey (talk • contribs) 22:17, 7 June 2012

simple way to replace jpg with svg

I created am SVG version of the logo of a Greek right wing political party that is currently in the news. The jpg file is labelled as being protected by copyright. I assume I need to use the same licensing, right? Or do other rules apply here? Also, I cannot simply replace it, can I? I will need to alter every page that links to the jpg, correct? Is putting this on Commons out of the question? Iago2 19:54, 8 June 2012 (UTC)

I'm not an SVG expert but you can't put copyrighted images on Commons at all. They may only be hosted with a specific fair use rationale on Misplaced Pages. De728631 (talk) 19:58, 8 June 2012 (UTC)

Nonsense—the vast majority of images on Commons are copyrighted. —Psychonaut (talk) 22:28, 8 June 2012 (UTC)

That they are but you can't take anyone's copyrighted image and put it on Commons if it's not freely licensed. And you have to be the author of the original image to license derivatives for use on Commons when the original is copyrighted without free use. Remember that "copyrighted" in general speech means "not free to use". De728631 (talk) 15:39, 9 June 2012 (UTC)

Copyright

I got an image from chrono wiki. Not sure if it is copyrighted or not — Preceding unsigned comment added by Goglogo2 (talk • contribs) 02:30, 9 June 2012 (UTC)

All the images I looked at are copyright, so we can't use them. Only images that are specifically shown to be freely licenced can be uploaded here. When you click on one of their images there is a small icon to "View photo detalis" near the bottom right where you can see the image licence. ww2censor (talk) 03:50, 9 June 2012 (UTC)

"Copyright" and "freely licensed" are not mutually exclusive. In fact, all freely licensed images are under copyright, though the reverse isn't always true. —Psychonaut (talk) 20:19, 9 June 2012 (UTC)

Madonna's Celebration cover

Hi! I read somewhere that the cover for Madonna's Celebration album cover was made by mixing two photos from her earlier career. However, I don't know if I can upload them. Are there eligible for Fair Use since they're both uploaded?

Thanks in advance! Amzer (talk) 16:16, 10 June 2012 (UTC)

http://4.bp.blogspot.com/_eA7ZafYKvfU/S0K2BwgUt4I/AAAAAAAACeA/aEqWl7PfJ4s/s1600/Harper%27s+Bazaar+Germany+August+1990+Jean+Baptiste+Mondino+page+44+copy.jpg

http://www.servimg.com/image_preview.php?i=431&u=12402107

The article Celebration (Madonna album) already uses the album cover image File:Celebration cover double disc.jpg under a fair use claim and unless you can show reliable sources for the claim you make above you certainly would have no justification under our non-free content policy guidelines to upload the images which are likely copyright for many more years. ww2censor (talk) 16:31, 10 June 2012 (UTC)

The article in question is here: «Celebration»: la compilation «ultime» et très pop art de Madonna, "Quant au visuel de la pochette (ci-dessus), il est l'œuvre de Mr. Brainwash, un artiste très inspiré par les graffitis et le travail d'Andy Warhol. Pour une création des plus pop art, l'artiste s'est inspiré de la fameuse photo réalisée en 1990 par Jean-Baptiste Mondino pour la couverture de Harper's Bazaar mais il l'a «remixée» avec la coiffure de ce célèbre portrait pris en 1987 par Alberto Tolot."

In English : "About the art cover, it was created by Mr. Brainwash, a street pop artist inspired by graffitis and Andy Warhol's works. To make it more pop art than ever, the artist was inspired by the famous photo taken in 1990 by Jean-Baptiste Modino for Harper's Bazaar cover but "remixed" it with the haircut of this famous portrait taken in 1987 by Alberto Tolot." Amzer (talk) 19:43, 10 June 2012 (UTC)

Michael F. Holick

Dear Misplaced Pages-Team, I uploaded and implemented the following photo after having gotten written permission from Michael F. Holick to use the photo for his article. I don't know precisely, which license to use this photo applies. Can you please choose the proper license category? Michael F. Holick didn't specify his permission for a specific license category, he just said he agrees with the usage of his picture for his wikipedia article. Thanks, --Matthias3110 (talk) 19:22, 10 June 2012 (UTC)

PS: File:Michael F. Holick - Photo.jpg Thanks!! --Matthias3110 (talk) 19:25, 10 June 2012 (UTC)

We cannot choose a licence for you. That depends entirely on the copyright holder, who may not even be the subject of the image. You need to get the copyright holder to verify their freely licenced permission by emailing our OTRS Team directly. They can do that by following the procedure found at WP:CONSENT. Good luck. ww2censor (talk) 19:59, 10 June 2012 (UTC)

Thanks for your feedback. I've contacted Dr. Holick and sent him the consent-document and asked him to send it to permissions-en@wikimedia.org. He should reply soonly! Best regards --Matthias3110 (talk) 21:08, 10 June 2012 (UTC)

Thank you for asking and using the proper procedure that unfortunately all uploaders don't follow. ww2censor (talk) 23:16, 10 June 2012 (UTC)

Linda Sembrant

What do people make of this: http://www.mynewsdesk.com/se/view/image/4-gulroeda-i-gulblaa-startelva-mot-norge-113039 ? I'm not familiar with this website but the photo seems to have been released under a creative commons licence, can we use it here? Clavdia chauchat (talk) 20:37, 10 June 2012 (UTC)

You are right, the photo appears to be a cc-by-3.0 licensed image. It is not clear what the attribution is, and the link http://www.tyresoff.se/Damer/start/public/article/54831 gets a 404 error. If you can comply with the license, which includes attributing the author, then you can use this image here. Graeme Bartlett (talk) 23:13, 10 June 2012 (UTC)

File:Alternative subway logo.svg

This isn't copyrighted, is it? File:Subway restaurant.svg has arrows on S and Y. What is the difference between two besides "Eat fresh" and no background geometrical shapes? --George Ho (talk) 17:30, 11 June 2012 (UTC)

IANAL but it looks copyrightable to me. There are some novel creative elements besides the text, including the placement of arrows, choice of colours, and arrangement of the words. —Psychonaut (talk) 17:35, 11 June 2012 (UTC)

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