Wikipedia:Possibly unfree files/2010 February 9



File:Staley.jpg

 * File:Staley.jpg ([ delete] | talk | [ history] | [ logs]).


 * Highly unlikely the user is the copyright holder of this picture due to the nature of the subject, the lack of information and previous uploads. See the case for another image the user uploaded here, Possibly_unfree_files/2009_November_17. Nymf talk/contr. 00:21, 9 February 2010 (UTC)

File:ShibaFive.png

 * File:ShibaFive.png ([ delete] | talk | [ history] | [ logs]).


 * Photo of some sort. Likely copyrighted, judging by watermark in the upper right corner.  No reason given to suggest that uploader is copyright holder. -  F ASTILY  (T ALK ) 01:22, 9 February 2010 (UTC)
 * Delete. Even stated that it was a screenshot in the edit summary when uploading it. Nymf talk/contr. 01:50, 9 February 2010 (UTC)
 * Get rid of it; I've been trying to help YumiFan but it seems that he/she simply cannot understand our image policies. If it were not for the fact that he/she is aware of the Wikimedia Commons, I would say that we should find a way that he/she cannot upload any more images.— Ryūlóng ( 竜龙 ) 02:13, 9 February 2010 (UTC)
 * comment it is a screenshot of this: Shiba Inu Puppy Cam and perhaps the intention is to use a screen cap to illustrate the subject. It just hasn't been added to the article. It needs the proper license which would be a fair use one.--Crossmr (talk) 10:03, 9 February 2010 (UTC)

File:Parlelogo1.jpg

 * The following discussion is an archived inquiry of the possible unfree image below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the discussion was: Keep; solution offered. -  F ASTILY  (T ALK ) 01:55, 23 February 2010 (UTC)
 * File:Parlelogo1.jpg ([ delete] | talk | [ history] | [ logs]).


 * Image is a logo, unlikely that the uploader holds the rights. Lәo(βǃʘʘɱ) 03:01, 9 February 2010 (UTC)
 * it is being used in an article for identification of the product in question. Give it an appropriate fair use license.--Crossmr (talk) 10:05, 9 February 2010 (UTC)
 * Keep If the baby is not part of the logo, crop it out and relabel as & . Otherwise, do as crossmr suggests.  — BQZip01 —  talk 19:28, 9 February 2010 (UTC)
 * Comment image was deleted despite this discussion; request made for restoration in pursuit of this discussion. — BQZip01 —  talk 04:38, 19 February 2010 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the images's talk page or in a deletion review). No further edits should be made to this page.

File:Kubilay Türkyılmaz.jpg

 * File:Kubilay Türkyılmaz.jpg ([ delete] | talk | [ history] | [ logs]).


 * I doubt that the uploader really is the photographer or copyright holder. Leyo 08:54, 9 February 2010 (UTC)

File:OpenCRG countryRoad GoogleMap.png

 * The following discussion is an archived inquiry of the possible unfree image below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the debate was: Wrong forum. The file is on Commons, please nominate it for deletion there if you feel it is non-free. AnomieBOT ⚡ 10:10, 9 February 2010 (UTC)


 * File:OpenCRG countryRoad GoogleMap.png ([ delete] | talk | [ history] | [ logs]).


 * Not sure if screenshot of a non-commercial open source project using Google Maps API in a browser may be placed on Wikipedia (Gallery on OpenCRG) without Google Maps agreement. Hhelmich (talk) 09:26, 9 February 2010 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the images's talk page or in a deletion review). No further edits should be made to this page.

File:Michael cherney wanted by interpol.jpg

 * The following discussion is an archived inquiry of the possible unfree image below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the discussion was: No Consensus. -  F ASTILY  (T ALK ) 01:00, 23 February 2010 (UTC)
 * File:Michael cherney wanted by interpol.jpg ([ delete] | talk | [ history] | [ logs]).


 * Image uploaded by user with rationale that it is in the public domain because it has been published on the Internet. Source website (Interpol!) nonetheless states Copyright INTERPOL 2009. All rights reserved. What I think has happened is the uploader, like many users, believes that because something is published on the web that means it's in the public domain.  Arctic   Night  14:58, 9 February 2010 (UTC)
 * Delete Interpol images are not necessarily public domain unless they were PD before being given to Interpol by cooperating governments that produce default-PD images (like the US). — BQZip01 —  talk 19:38, 9 February 2010 (UTC)
 * Comment Arrest warrant issued by Spanish police, so I would guess that these pictures were taken in Spain. From a quick search on the web, I can't find any evidence to suggest default PD like the US. I may be wrong though!  Arctic   Night  23:39, 9 February 2010 (UTC)
 * Keep-Picture needs a fair use rational and replacing in the article not in the info box (BLP) but in a lower section specifically about the issue. Off2riorob (talk) 14:24, 11 February 2010 (UTC)
 * Comment - however, I think you would find it difficult to come up with a fair use rationale for this photo. Using a set of three Interpol-released mugshots as the primary identification for the subject of the article seems a little over the line...  Arctic   Night  08:45, 12 February 2010 (UTC)
 * - It is common on articles to insert a fair use mugshot further down the article. The fact that it would be the only picture of him is by the by...But thinkng about it, your right, he is only wanted and not convicted of anything so it would be a bit excessive.Off2riorob (talk) 11:09, 12 February 2010 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the images's talk page or in a deletion review). No further edits should be made to this page.

File:Guymollet.jpg

 * The following discussion is an archived inquiry of the possible unfree image below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the discussion was: Keep. -  F ASTILY  (T ALK ) 00:58, 23 February 2010 (UTC)
 * File:Guymollet.jpg ([ delete] | talk | [ history] | [ logs]).


 * reason this image is probably non-free Yekrats (talk) 15:22, 9 February 2010 (UTC)
 * Keep No reason given that the image is nonfree. — BQZip01 —  talk 04:39, 19 February 2010 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the images's talk page or in a deletion review). No further edits should be made to this page.

File:Beatles Houston sculpture.jpg

 * File:Beatles Houston sculpture.jpg ([ delete] | talk | [ history] | [ logs]).


 * NO FOP in US for sculptures. MGA73 (talk) 16:17, 9 February 2010 (UTC)

File:Alexr2.jpg

 * File:Alexr2.jpg ([ delete] | talk | [ history] | [ logs]).


 * Orphaned. Looks like a promo photo ripped from somewhere. RabidDeity (talk) 16:24, 9 February 2010 (UTC)

File:Denverairportmural.jpg

 * The following discussion is an archived inquiry of the possible unfree image below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the discussion was: Keep. -  F ASTILY  (T ALK ) 00:59, 23 February 2010 (UTC)


 * File:Denverairportmural.jpg ([ delete] | talk | [ history] | [ logs]).


 * No FOP in US for art. MGA73 (talk) 16:27, 9 February 2010 (UTC)


 * Keep It should be noted that this image is of some noteriety and that it has since been destroyed. This should be reflected in a FUR. — BQZip01 —  talk 19:32, 9 February 2010 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the images's talk page or in a deletion review). No further edits should be made to this page.

File:Agar Rodney Adamson.jpg

 * The following discussion is an archived inquiry of the possible unfree image below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the discussion was: Delete. -  F ASTILY  (T ALK ) 05:05, 25 February 2010 (UTC)
 * File:Agar Rodney Adamson.jpg ([ delete] | talk | [ history] | [ logs]).


 * Please see previous discussion at Possibly_unfree_files/2010_January_25, the latter points of which I was unable to respond to. I have copied it below.
 * As I understand Canadian copyright law, copyright would have been restored in the 1999 act, since this was published in 1953 according to the source provided. - Jarry1250 [Humorous? Discuss.] 18:07, 25 January 2010 (UTC)
 * I don't know where you got that information from, but the copyright has expired as it has been more than 50 years since publication. NorthernThunder (talk) 18:37, 25 January 2010 (UTC)
 * Well, to look at it from a different angle: it was not out of copyright in the US in 1996, and is therefore still in copyright in the US (despite being PD in Canada). - Jarry1250 [Humorous? Discuss.] 19:02, 25 January 2010 (UTC)
 * Why would a foreign image be under American copyright? NorthernThunder (talk) 03:13, 26 January 2010 (UTC)
 * Copyright is assessed on a country by country basis, and runs independently of country of origin in the main. Though there are a number of international treaties to help with this, the most useful - the rule of the shorter term - the USa has not signed up to. Since enwp goes by US copyright law, and this image is still copyright in the US, it should be deleted. - Jarry1250 [Humorous? Discuss.] 14:10, 26 January 2010 (UTC)
 * "Copyright is assessed on a country by country basis, and runs independently of country of origin in the main." By the Berne Act, we are to respect each country's copyright laws. In this case, the image is PD in the country of origin. As such, it does not have any copyright protections to protect. To put it another way, taking a PD document from Canada into the US doesn't suddenly make it copyrighted.
 * Keep Seems pretty clear that it is PD in Canada and, therefore, PD in the US. — BQZip01 —  talk 01:14, 6 February 2010 (UTC)}}

New, extended rationale with explanation: This file was produced in Canada. It is undoubtedly public domain in Canada. However, this is not equivalent to being public domain in the United States, for reasons I shall give in a moment. Now, it just so happens that since the file was not public domain in Canada on 1 January 1996, its copyright in the United States was renewed, and thus, it is still copyright in the US. As the servers are in the US, this file is thus hosted illegally and must be deleted.

Now, to respond to the section "By the Berne Act, we are to respect each country's copyright laws..." Yes, the Act did make provision so that this scenario would never come about; they called it the rule of the shorter term. However, unfortunately for us, the US explicitly opted out, saying that they ought to pass their own law. No such law emulating the rule of the shorter term has ever been passed in the United States. Thus, a file can simultaneously be out of copyright in Canada (or any other country) but in copyright in the US. This is one such file.

I hope that clarifies matters. - Jarry1250 [Humorous? Discuss.] 16:39, 9 February 2010 (UTC) - Jarry1250 [Humorous? Discuss.] 16:39, 9 February 2010 (UTC)


 * Keep As previous + the Berne treaty states that we recognize other PD images as PD images. They might claim copyright in the US (which you've provided no evidence to show; where was the copyright renewed?), but the fact remains that the image is PD. — BQZip01 —  talk 19:34, 9 February 2010 (UTC)
 * Regarding the "where was copyright renewed", see the Act to which TheDJ alludes: CTEA. Rather, unfortunately, whereas we personally might "recognize other PD images as PD images", the United States does not. - Jarry1250 [Humorous? Discuss.] 21:26, 9 February 2010 (UTC)
 * Delete per the lack of missing "rule of shorter term in the US". To quote "When the United States joined the Berne Convention, Congress explicitly declared that the treaty was not self-executing in the United States". This means that it does not supersede US law, and that any part of the Berne convention needs to be passed as a federal law in order to become active. Specifically, the US did not implement a "rule of shorter term" as advised by the Berne convention. Since the servers are hosted in the US, we need to comply by US law. The copyright of this item expired in Canada in 2004. But since it was not in the public domain per 1996, its copyright (claimed or not, because since Berne adaptation copyright is bestowed automatically upon any creative creation) has not yet expired in the United states (See also the Hirtle chart for when things become PD in the US). This is an unfortunate problem and something the US should really solve, but we cannot pass by laws that we think are stupid. See also a recent blogpost of User:Durova. We can all thank Mickey Mouse. —Th e DJ (talk • contribs) 21:00, 9 February 2010 (UTC)
 * Delete. This is why we have a loose rule of thumb for Canadian images on Wikipedia and on the Commons -- pre-1946 is generally okay, 1946 and afterwards is generally problematic.  As a 1953 image, this file is PD in Canada, but not in the U.S.  For reasons already set out in some detail, the Berne convention does not apply here.  I agree that the situation is somewhat ridiculous, and I believe that Wikipedia needs to reconsider its stance on the applicability of U.S. copyright laws to all non-U.S. images; in the meantime, however, this issue seems clear-cut. --Skeezix1000 (talk) 13:53, 10 February 2010 (UTC)
 * See also http://www. petitiononline.com/wikirrst/ a petition for the rule of shorter term and the old campaign regarding this on meta. —Th e DJ (talk • contribs) 14:00, 10 February 2010 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the images's talk page or in a deletion review). No further edits should be made to this page.

File:FountainAtTheCentreOfTheWor.jpg

 * File:FountainAtTheCentreOfTheWor.jpg ([ delete] | talk | [ history] | [ logs]).


 * Cover of a book. Flickr user is most likely not the copyright holder. MGA73 (talk) 20:44, 9 February 2010 (UTC)

File:Tugu surabaya.jpg

 * File:Tugu surabaya.jpg ([ delete] | talk | [ history] | [ logs]).


 * Sculpture - No detail on authourship or date... Sfan00 IMG (talk) 21:36, 9 February 2010 (UTC)

File:QFN part.JPG

 * The following discussion is an archived inquiry of the possible unfree image below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review).  No further edits should be made to this section. 

The result of the discussion was: Wrong Venue; the file is located on the Wikimedia Commons. -  F ASTILY  (T ALK ) 01:05, 23 February 2010 (UTC)
 * File:QFN part.JPG ([ delete] | talk | [ history] | [ logs]).


 * seems to originate from page 2 of http://www.freescale.com/files/analog/doc/app_note/AN1902.pdf Henk.muller (talk) 22:42, 9 February 2010 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the images's talk page or in a deletion review). No further edits should be made to this page.