Wikipedia:Possibly unfree files/2011 October 29



File:Kanistha dhankhar.jpg

 * The following discussion is an archived inquiry of the possible unfree file 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: Delete; deleted as F9 by AnomieBOT ⚡  04:02, 29 October 2011 (UTC)


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


 * Uploaded by a User with a history of uploading copyright violations and vandalism of image deletion discussions. The Mark of the Beast (talk) 01:08, 29 October 2011 (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:Alan Sheppard statue.jpg

 * The following discussion is an archived inquiry of the possible unfree file 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; file is tagged as non-free. I also looked at the emails Bubba sent to OTRS. The permission is not sufficient in any way whatsoever. If this file is going to be freely licensed, Mr. Sheppard must agree to license the file under one of the following licenses - WP:ICT/FL.- F ASTILY  (TALK) 21:21, 24 November 2011 (UTC)
 * File:Alan Sheppard statue.jpg ([ delete] | talk | [ history] | [ logs]).


 * 3D sculpture, located in US - copyright belongs to sculptor, not photographer  Ron h jones (Talk) 01:17, 29 October 2011 (UTC)


 * Keep. This is on US Government property - the Astronaut Hall of Fame part of the Kennedy Space Center Visitor's Complex.  Bubba73 You talkin' to me? 02:16, 29 October 2011 (UTC)
 * Comment: If the above by Bubba73 is true, the copyright claim needs to be changed to US government public domain. The Mark of the Beast (talk) 02:23, 29 October 2011 (UTC)
 * I can prove that it is at the United States Astronaut Hall of Fame, which is part of the Kennedy Space Center Visitor Complex. Bubba73 You talkin' to me? 02:34, 29 October 2011 (UTC)
 * Not questioning it. :)  But it needs a US govt public domain tag instead of a creative commons tag.  The Mark of the Beast (talk) 02:37, 29 October 2011 (UTC)


 * Done, please check it. Bubba73 You talkin' to me? 02:50, 29 October 2011 (UTC)
 * That looks good. The Mark of the Beast (talk) 02:52, 29 October 2011 (UTC)


 * Comment - just because it is located on government property does not mean that it is a government work. Who was the sculptor? Was it a work for hire for the federal government? Unless this can be shown, the statue is presumed to be under copyright. Kelly  hi! 04:12, 29 October 2011 (UTC)
 * I'm afraid I agree with User:Ronhjones and User:Kelly. Copyright belongs to sculptor, unless a work for hire.  Furthermore, even if this the sculptor worked under contract that specified that this would be a work for hire, it almost certainly wasn't a work for the U.S. Government.   The Kennedy Space Center Visitor's Complex is a private attraction operated by a private corporation, namely "DNC Parks & Resorts at KSC, Inc.", not NASA. They operate the entire visitor complex, including the U.S. Astronaut Hall of Fame.  As additional evidence of this, not only do they claim copyright at the KSC site, but they are listed as the owners of the attraction's registered trademarks (reg. num. 1762193 and 1802996) in the USPTO's database.  Without some strong evidence that this statue is in the public domain, I think this photo will have to go (or have its use justified as WP:NFC). —RP88 (talk) 05:54, 29 October 2011 (UTC)
 * DNC Parks runs the Visitor's Complex under a contract from NASA. Bubba73 You talkin' to me? 23:13, 29 October 2011 (UTC)
 * Unfortunately, that's irrelevant. Works of U.S. government contractors are eligible for copyright protection.  Even if the contractor assigns or transfers the copyright to the U.S. government, that doesn't make such works public domain as the U.S. federal government can hold copyrights.  See the discussion at Public_domain for more details.  —RP88 (talk) 19:27, 31 October 2011 (UTC)
 * Well, I was just trying to improve Wikipedia. Bubba73 You talkin' to me? 02:33, 1 November 2011 (UTC)


 * I found out that it was done by Robert L. Rasmussen. What if we contact him for permission?  Bubba73 You talkin' to me? 02:39, 1 November 2011 (UTC)


 * A bit of déjà vu! Nice work, I too just discovered the statue was by Robert L. Rasmussen.  It was commissioned by an organization called the The Freedom Forum and then given as a gift to the U.S. Astronaut Hall of Fame.  The work went on display in March of 2000, about two years prior to the Hall of Fame declaring bankruptcy and subsequently being purchased by DNC.  So the statue is definitely eligible for copyright protection.  And, yes, if the copyright holder is contacted and they agree to grant a free license to their statue, this photo would be fine. It's likely that Robert L. Rasmussen holds the copyright to this statue, so we'd need his permission to use this image with a free license (see WP:PERMISSION for instructions on how to request permission from a third party).  If, however, the statue was a work for hire, we'd need the permission of The Freedom Forum. Alternatively, we could use it as non-free content if it complies with the  Non-free content criteria (I'm not sure this image currently meets the criteria as the statue is not the subject of any critical commentary in any of the articles in which it appears, furthermore, at the very least it needs a  non-free use rationale). —RP88 (talk) 04:34, 1 November 2011 (UTC)


 * You found out more than I did. But he does have a contact email address on his website, .  Bubba73 You talkin' to me? 04:58, 1 November 2011 (UTC)


 * I've emailed him to find out about the copyright and ask for permission. Bubba73 You talkin' to me? 15:45, 1 November 2011 (UTC)


 * I have gotten no reply from my email to him. Perhaps someone else can try to contact him from his website (which is in the article about the sculptor).  Bubba73 You talkin' to me? 21:17, 4 November 2011 (UTC)


 * I got an email back from the sculptor. He owns the copyright and gives permission to use a photo of the statue.  Bubba73 You talkin' to me? 02:35, 6 November 2011 (UTC)
 * Did you forward to WP:OTRS? Kelly  hi! 02:50, 6 November 2011 (UTC)
 * No, is there an email address to send it to? (I didn't see one.) Bubba73 You talkin' to me? 03:08, 6 November 2011 (UTC)
 * I believe it's . Kelly  hi! 14:04, 6 November 2011 (UTC)
 * Done. Bubba73 You talkin' to me? 04:41, 7 November 2011 (UTC)
 * What license was granted by the sculptor? That way we can add the license and OTRS pending to the image. Kelly  hi! 15:26, 10 November 2011 (UTC)
 * He gave permission to use a photo of the statue anywhere. I sent it to the OTRS address several days ago but I haven't heard anything back. Bubba73 You talkin' to me? 15:31, 10 November 2011 (UTC)
 * I would recommend forwarding your original e-mail to (I finally found it at WP:COPYREQ). Also, per that page, the OTRS team will want to see terms for a specific license.  Kelly  hi!
 * OK, I'll do that. Before I sent it to the address above.  But what terms of a specific license are you talking about?  You can't expect him to give up the copyright on the statue.  What more can you ask?  Bubba73 You talkin' to me? 20:03, 10 November 2011 (UTC)

I'm actually not sure of the answer to that, and I have been working with copyright issues for years. Hopefully the OTRS folks have dealt with this before, and have an answer. It may be that we can only use an image of the statue under WP:NFCC rules, which would require adding rationale(s) for use of the image. Kelly hi! 20:15, 10 November 2011 (UTC)
 * The real villain is the US Gov - because it passed the Architectural Works Copyright Protection Act (1990), where anyone may take photographs of buildings from public places, but it does not cover other works of visual art, such as statues or sculptures, all such items retain their copyright. Unlike my home country, where we can take photos of anything in a public place, without worry of violating copyright.  Ron h jones (Talk) 21:46, 11 November 2011 (UTC)


 * 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 ⚡ 04:03, 12 November 2011 (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:Vice-Presidential Flag.jpg

 * The following discussion is an archived inquiry of the possible unfree file 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: Delete; deleted by AnomieBOT ⚡  16:10, 23 November 2011 (UTC)


 * File:Vice-Presidential Flag.jpg ([ delete] | talk | [ history] | [ logs]).


 * There is no source of the image. User:Zscout370 (Return Fire) 03:12, 29 October 2011 (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:John Brown statue.JPG

 * The following discussion is an archived inquiry of the possible unfree file 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: Delete; deleted by AnomieBOT ⚡  22:15, 24 November 2011 (UTC)


 * File:John Brown statue.JPG ([ delete] | talk | [ history] | [ logs]).


 * No authorship or publication information provided for depicted 3D artwork. Kelly  hi! 04:09, 29 October 2011 (UTC)
 * I was able to track down information about this statue. It was erected in 1935 and the sculptor was George Fite Waters, 1894-1961, so it isn't in the public domain due to copyright expiration (not being published before 1923 nor 70 years having passed since the death of the sculptor).  However, the Smithsonian SIRIS database has a record for this statue, including the complete details of the inscriptions on the statue.  It was put on public display in 1935 in the US without a copyright notice.  If it was first published (permanent public display is considered "published") before 1978 in the U.S. without a copyright notice, it would in the public domain in the US due to failure to comply with required copyright formalities. However, the preceding only applies if it was first published in the US. Unfortunately, the statue was constructed in Paris, France and then shipped to the US, so it conceivable that it might have been first published in France.  While unlikely, I haven't been able to definitely rule this out.  I have added what I believe to be a proper image summary and license to this photo based on the likelihood  that it was first published in the US, but I stuck a temporary Do not move to Commons on it until the issue of country of first publication can be resolved.  —RP88 (talk) 07:34, 29 October 2011 (UTC)
 * I think RP88 has the gist of it correct. Cast in France, perhaps, but it was made to be permanently displayed in Kansas, where it is.  I've seen no evidence it was permanently displayed anywhere else (and the fact that it is not located anywhere else shows that its "permanent" display is where it is: Kansas.  Even if it was displayed elsewhere, which is doubtful, it was only a temporary sojourn.  --Coemgenus (talk) 13:58, 29 October 2011 (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:Shelllarcomuseum.jpg

 * The following discussion is an archived inquiry of the possible unfree file 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: Delete; deleted as F11 by AnomieBOT ⚡  04:03, 12 November 2011 (UTC)


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


 * No evidence that the uploader is the person who took the photo. Kelly  hi! 06:06, 29 October 2011 (UTC)
 * Delete per nom. Needs OTRS ticket.  SchuminWeb (Talk) 06:11, 29 October 2011 (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.