User talk:CN3833

Removal of content
Hi CN3833, I just wanted to let you know that in removing the File:CherokeeIDCardsByPhilKonstantin.jpg from the Cherokee Nation article. You did not actually delete it but instead simply removed it from the article. If it is a copyright violation, please nominate it for deletion at the Wikimedia Commons, where the file is hosted. If you have any questions feel free to ask, thanks. — Jdcollins13 (talk) 20:56, 17 December 2013 (UTC) --- (Deleted content that violates copyrights. Material is owned by Cherokee Nation, not by Phil Konstantin. Publication increases risk of fraudulent activity and potential harm to services rendered to Cherokee Nation tribal citizens. 918-453-5000)

What is your basis for claiming that MY tribal citizenship card is copyrighted by the CN? Phil Konstantin (talk) 22:49, 20 January 2014 (UTC)

Mr. Konstantin,

As with most government issued identification cards, the card itself is the property of the issuing government. (some governments actually go as far as to have it written on the card) I understand that you may have the feeling that card is yours because it has you information on it, but the simple truth is the card belongs to the Cherokee Nation with the sole purpose of identifying you as a Cherokee Nation citizen. If you relinquish your citizenship with Cherokee Nation, you would be required to surrender identification cards issued to you.

Side Note: Unfortunately I have personally seen numerous individuals attempt to receive Cherokee Nation services using falsified identification cards.

V/R, --CN3833 (talk) 17:22, 22 January 2014 (UTC) --- This is just your opinion until you can provide proof the material is COPYRIGHTED. Do you have any proof? I would be interested in seeing that. - If you are concerned someone might copy the card based on the photo, they also exist on the Cherokee Nation website: one ex: http://www.cherokee.org/News/Stories/33248.aspx Phil Konstantin (talk) 21:39, 21 January 2014 (UTC) --- Mr. Konstantin,

To start off I have to say, I am a huge fan of your photography.

Unfortunately the burden of proof falls up on you. On https://en.wikipedia.org/wiki/File:CherokeeIDCardsByPhilKonstantin.jpg you identified you were the copyright holder and published it under Creative Commons Attribution-Share Alike 3.0 Unported license. I am unable to locate any official release allowing you publish or distribute material created and owned by Cherokee Nation under a Creative Commons Attribution-Share Alike 3.0 Unported license. You have failed to provide a credible claim of permission to use the material. And "fair use" is very limited does not apply in this usage (http://www.law.cornell.edu/uscode/text/17/107).

V/R, --CN3833 (talk) 17:22, 22 January 2014 (UTC) --- Mr. Konstantin,

The Media Copyright Questions page may be able to better advise you.

V/R, --CN3833 (talk) 17:32, 22 January 2014 (UTC)

The standard is that Government documents are not copyrighted unless expressly stated. Do you have proof to the contrary for this document? While establishing a website for the San Diego Cherokee Community satellite group for the Cherokee Nation, I had a long discussion with CN administrative personnel about what images the CN considered copyrighted. They considered certain graphics which were designed specifically for the nation as copyrighted. The Great Seal was also considered exclusive to the Nation. No other documents were mentioned in this manner.

From the Wikipedia page (https://en.wikipedia.org/wiki/Copyright_status_of_work_by_U.S._subnational_governments#cite_note-1): Copyright law in the U.S. places all edicts of any government, local or foreign, in the public domain. In other words, there are no copyright restrictions on any laws, court rulings, mandatory codes or regulations of any government. § 206.01 of the Compendium II: Copyright Office Practices Such documents include "judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents." The "Blue Card" and the new Photo ID fall under the official legal document category. I only used my person ID cards in case there might be some contradictory privacy law covering publication of these legal documents.

Phil Phil Konstantin (talk) 00:17, 24 January 2014 (UTC)