Commons:Deletion requests/2024/09/28

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27 September 2024
29 September 2024
Deletion requests on 28 September 2024

September 28

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File:Bombay Rockers (Music band).jpg

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The linked YouTube video does indicate YouTube's free license, but it does not seem the channel owner is the copyright owner. Therefore the free license is doubtful. Lymantria (talk) 10:05, 28 September 2024 (UTC)[reply]

 Comment Author DJ Vanilladream who has his/her works in Spotify, Apple Music, Amazon, SoundCloud, seems to be a mainstream artist having the license for all his/her uploads. --Gpkp (talk) 11:17, 28 September 2024 (UTC)[reply]

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:F-35C Lightning II at-sea trials 141104-N-ZZ999-017.jpg

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EXIF states "courtesy of Lockheed Martin by Andy Wolfe". As such it's not a US Govt PD work and not in PD. MileyCyprus (talk) 04:15, 11 May 2016 (UTC)[reply]

 Keep per statement at DVIDS, which is not restricted to US Gov personnel. {{PD-author}} applied. --Fæ (talk) 09:22, 11 May 2016 (UTC)[reply]

 Keep EXIF says "U.S. Navy photo courtesy of Lockheed Martin by Andy Wolfe/Released". In my opinion "Released" means, that Lockheed Martin does not claim copyright. For example Commons:Deletion requests/File:USMC-06806.jpg has no word "Released" in EXIF. Taivo (talk) 12:15, 21 May 2016 (UTC)[reply]
No, that only means a Lockheed image published via DVIDS. Courtesy images (= we are permitted to use them but we don't own rights on them) do not fall under PD-USGov licenses so as such are non-free unless stated otherwise by Lockheed. --Denniss (talk) 14:04, 21 May 2016 (UTC)[reply]
As there has been sudden blitz of these deletions raised, both on my uploads and others, despite some being on Commons for a few years, I have written to DVIDS as below. I will publish any answer at User:Fæ/email/DoD#DVIDS. In the meantime, I would appreciate the blitz being laid off until we get an answer or a consensus, then if action is taken it can be taken consistently. Thanks --Fæ (talk) 14:29, 21 May 2016 (UTC)[reply]
Public domain status of courtesy images
Date: 21 May 2016 at 15:23

To: dvidsweb@dvidshub.net

Dear Sir,

I am a long term volunteer with Wikimedia Commons, the site that provides over 30 million images for public reuse and is used to illustrate Wikipedia articles in all languages. I have uploaded over a hundred thousand photographs from your site, thank you for making them available!

Recently there has been a clean up drive on Wikimedia Commons which is resulting in images from your site which are marked as "courtesy image" are being removed, on the basis that the wording puts doubt on the photographer giving a free release equivalent to public domain. The photographs with this distinction are normally taken by non-military contractors, for example employees of Lockheed Martin.[1]

Could you confirm whether the Public Domain release on your site is a verifiable release from the photographer, or should the files be treated as if they had a non-commercial or other non-free restriction?

Thanks in advance for any advice you can provide.

Links:

  1. Example photograph, taken by Andy Wolfe of Lockeed Martin https://www.dvidshub.net/image/1648899/f-35c-lightning-ii-sea-trials
  2. Example deletion request on Wikimedia Commons https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:F-35C_Lightning_II_at-sea_trials_141104-N-ZZ999-017.jpg

Yours,

[Fæ]
I have had a speedy reply (good for a Saturday) as below, confirming that in the official view of DVIDS, all reusers can take "courtesy" images released on their website as public domain, per the public domain release given against each photograph. I have sent a copy of the original email in to OTRS, so anyone that wants to will be able to quote the original email rather that my slightly anonymized version. --Fæ (talk) 14:48, 21 May 2016 (UTC)[reply]
Re: (Case 20603) Public domain status of courtesy images
From: DVIDS dvidsweb@dvidshub.net

Date: 21 May 2016 at 15:32

To: Fæ

[Fæ] - all content - even those listed as 'Courtesy' are public domain and available for anyone to use. There should be no hesitation on your end.

Best,

Ticket URL: [link supplied]

[DVIDS staff]
Encompass Digital Media, Inc.


DVIDS - Defense Video & Imagery Distribution System

Kept: Permission confirmed. --Amitie 10g (talk) 16:49, 21 May 2016 (UTC)[reply]

File:F-35C Lightning II at-sea trials 141104-N-ZZ999-017.jpg

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Nominating this file for deletion again, for background see previous "Kept" DR above and email from DVIDS, and see also Commons:Deletion requests/File:F-35B Lightning II Completes First Land-based Ski Jump Launch 150619-D-AW822-318.jpg which was resubmitted and closed as Delete.

Reason: This photo is credited to a Lockheed Martin employee, not an employee of the US Federal Government, so {{PD-USGov}} does not apply. There's no proven basis for the US Government releasing non-government employee work into the Public Domain, and no evidence of a free license.

The DVIDS copyright page states "In general, DoD VI [motion and still media files] that are works of authorship prepared by U.S. Government employees as part of their official duties are not eligible for copyright protection in the United States; however, some of the DoD VI available on this publicly accessible website may be subject to copyright or other intellectual property rights owned by non-DoD parties, regardless of whether the VI is marked with a copyright notice or other indication of non-DoD ownership or interests. Any use of this DoD VI other than as expressly authorized in this notice may subject the user to legal liability, including liability to such non-DoD owners of intellectual property or other protectable legal interests."

To me, this quotation confirms that their third party content which is not created by the US Government is not automatically PD or freely-licensed, this contradicts the email from DVIDS which was the basis for the previous "Keep", and generates a significant doubt that the photo is free (COM:PRP). We need evidence that the photographer or Lockheed Martin released the photo under a free license. Consigned (talk) 14:50, 28 September 2024 (UTC)[reply]

— Huntster (t @ c) 20:34, 28 September 2024 (UTC)[reply]
This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:US Navy 110928-N-IC287-002 The littoral combat ship Pre-Commissioning Unit (PCU) Fort Worth (LCS 3) transits through the Menekaunee Bridge in Green.jpg

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This file was initially tagged by Denniss as Copyvio (copyvio) and the most recent rationale was: per exif data it's not a work of US federal governmant but of Marinette Marine Corporation and published with permission - PD-US Navy is invalid Daphne Lantier 09:09, 3 August 2017 (UTC)[reply]

  •  Keep As there is no evidence of take-down or qualification at the source, I propose we apply CC-0 as a better license and explain that it is reasonable to use this license in the permissions parameter. The EXIF makes no copyright claim by MM Corp, just the word "released". If anyone is excited about the image, they might benefit from writing to https://www.marinettemarine.com/contact.html, MM Corp now being owned by Fincantieri. --Fæ (talk) 09:13, 3 August 2017 (UTC)[reply]
  •  Delete Fae, you know (or should know) better - Released just means cleared for public release (like contains no secret elements). It's not a copyright statement. The image is clearly not a work of the US federal government so any related PD license is plain wrong. Marinette Marine Corp is the copyright holder and we need explicit permission from them to use this image under a license they specify.--Denniss (talk) 11:27, 3 August 2017 (UTC)[reply]
That is not how the website works. The DoD have an explicit PD copyright release as part of the upload process. --Fæ (talk) 12:10, 3 August 2017 (UTC)[reply]
And that is completely irrelevant if these images are not original fedgov work. That's what courtesy means, a work is published but authored to someone else outside of fedgov laws/regulations. --Denniss (talk) 20:02, 3 August 2017 (UTC)[reply]
Wrong and we have been here before. You are stretching as there is no significant doubt here per PRP. The copyright release is guaranteed for Commons, so long as a DoD agency gives a VIRIN. See:
  1. User:Fæ/email/DoD
  2. https://www.dvidshub.net/image/465735/pre-commissioning-unit-fort-worth
  3. ticket:2016052110008897
  4. Commons:Deletion requests/File:F-35C Lightning II at-sea trials 141104-N-ZZ999-017.jpg
Stone clad, black and white evidence which we can use in court. --Fæ (talk) 02:18, 4 August 2017 (UTC)[reply]
Re: (Case 20603) Public domain status of courtesy images
From: DVIDS dvidsweb@dvidshub.net

Date: 21 May 2016 at 15:32

To: Fæ

[Fæ] - all content - even those listed as 'Courtesy' are public domain and available for anyone to use. There should be no hesitation on your end.

Best,

Ticket URL: [link supplied]

[DVIDS staff]
Encompass Digital Media, Inc.


DVIDS - Defense Video & Imagery Distribution System
And again this answer from an unknown DVIDS employee is completely irrelevant as they are not the copyright holder. If there's no permission from Marinette Marine Corp then we can't keep this image. I'm really wondering (and worrying) that OTRS agents start to accept third party's view/statements about licensing.--Denniss (talk) 10:02, 4 August 2017 (UTC)[reply]
Correction, a known DVIDS employee. Their full details are in the ticket, and they are officially using the primary email address. DVIDS is the official media outlet for DoD. Just as Commons has an official release on upload and provides notices informing the uploader on their legal obligation, so does DVIDS, with the added security that only approved accounts can do so. Your argument about all this is unchanged since the DR linked above. The last photo was correctly kept as there was no significant doubt. Let's find real copyright violations to worry about, rather than files like this which have been on Commons so long, they are eligible for a grandfathering rationale. --Fæ (talk) 11:01, 4 August 2017 (UTC)[reply]

Kept: per Fae and his tickets. --Sanandros (talk) 20:00, 21 August 2017 (UTC)[reply]

File:US Navy 110928-N-IC287-002 The littoral combat ship Pre-Commissioning Unit (PCU) Fort Worth (LCS 3) transits through the Menekaunee Bridge in Green.jpg

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Nominating this file for deletion again, for background see previous "Kept" DR above and email from DVIDS, and see also Commons:Deletion requests/File:F-35B Lightning II Completes First Land-based Ski Jump Launch 150619-D-AW822-318.jpg which was resubmitted and closed as Delete.

Reason: This photo is credited to Marinette Marine Corporation, not an employee of the US Federal Government, so {{PD-USGov}} does not apply. There's no proven basis for the US Government releasing non-government employee work into the Public Domain, and no evidence of a free license.

The DVIDS copyright page states "In general, DoD VI [motion and still media files] that are works of authorship prepared by U.S. Government employees as part of their official duties are not eligible for copyright protection in the United States; however, some of the DoD VI available on this publicly accessible website may be subject to copyright or other intellectual property rights owned by non-DoD parties, regardless of whether the VI is marked with a copyright notice or other indication of non-DoD ownership or interests. Any use of this DoD VI other than as expressly authorized in this notice may subject the user to legal liability, including liability to such non-DoD owners of intellectual property or other protectable legal interests."

To me, this quotation confirms that their third party content which is not created by the US Government is not automatically PD or freely-licensed, this contradicts the email from DVIDS which was the basis for the previous "Keep", and generates a significant doubt that the photo is free (COM:PRP). We need evidence that the photographer or Marinette Marine Corporation released the photo under a free license. Consigned (talk) 14:58, 28 September 2024 (UTC)[reply]

  •  Delete. Anything produced by U.S. Government employees in the course of their duties is public domain; anything else must be explicitly released to the public domain or to an acceptable license (such as what SpaceX did with their images for several years). Stating "released" or "courtesy" does not mean they have released their rights to an image, merely that the image has been released for publication.
— Huntster (t @ c) 20:34, 28 September 2024 (UTC)[reply]

File:GUP SaundersSmall 7264.webp

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COM:FANDOM - Not freely licensed, above COM:TOO Japan. Consigned (talk) 15:03, 28 September 2024 (UTC)[reply]


File:Yan Petrovsky.png

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copyright violation: grabbed from youtube Altenmann (talk) 17:09, 28 September 2024 (UTC)[reply]

Files found with Special:Search/"Courtesy of General Dynamics"

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Suspected copyright violations. These photos are all using some variant of {{PD-USGov}}, which indicates that photos taken by US Government employees as part of their duties are automatically Public Domain. The files nominated, however, all state some variant of "Courtesy of General Dynamics" or its subsidiaries like Bath Iron Works, which is a defense contractor; this language is typically used when the contractor provides the file to the US Navy. Since the photos were not taken by US Government employees, we need evidence that the photographer or copyright holder (General Dynamics) released the photos under a free license, or provided permission to the US Government to do so.

Some photos credit a photographer's name, none of which seem to be US military, e.g. Stephen Whelen (unable to find any info) or Dennis Griggs (according to [1] was in the Navy decades before these photos, but has more recently been a photographer contractor for General Dynamics' Bath Iron Works).

I've excluded similarly-tagged files A B C and D as they explicitly state something like "U.S. Navy Photographer, General Dynamics Bath Iron Works", I think these are not as certain as the files nominated so need further investigation.

Consigned (talk) 17:13, 28 September 2024 (UTC)[reply]

File:Flickr - Official U.S. Navy Imagery - USS The Sullivans is underway with the Royal Netherlands Navy..jpg

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Files use {{PD-USGov}}/{{PD-USGov-Military-Navy}} tags however the descriptions state "Courtesy of Royal Netherlands Navy". This suggests that the photos were taken by a member of the Royal Netherlands Navy, who is not a US Government employee, thus the files are not automatically PD. Consigned (talk) 17:36, 28 September 2024 (UTC)[reply]

File:Museum curator remembers Air Force role in Canadian tragedy (4947186).jpg

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{{PD-USGov}} (or similar) tags not valid - photo descriptions credit Canadian military service members (e.g. "Royal Canadian Air Force photo by Sgt. Paz Quille"); Canadian government does not have a PD rule like {{PD-USGov}}. Consigned (talk) 17:46, 28 September 2024 (UTC)[reply]

I agree with the DR, you're right. I've since excluded these images from new imports from my bot. vip (talk) 18:24, 17 October 2024 (UTC)[reply]

File:Sotaveteraanien kuntoutuksen mmerkki.jpg

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Derivative work. Photo of a memorial in Rovaniemi, designed by Finnish artist Risto Immonen, unveiled in 2009. Not in PS yet, no Freedom of Panorama in Finland for 3D-art, only for buildings. Htm (talk) 17:45, 28 September 2024 (UTC)[reply]

Files found with Special:Search/"Canadian Forces photo"

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These files all use a variant of {{PD-USGov}} tag, which indicates that photos taken by US Government employees during their duties are automatically PD. However, they are all labeled "Canadian Forces Photo", crediting a Canadian military service member. As they are not employees of the US Government, {{PD-USGov}} is not valid. The files do not meet {{PD-Canada}}.

-Consigned (talk) 18:01, 28 September 2024 (UTC)[reply]

Files found with Special:Search/"Canadian Forces Combat Camera"

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Files tagged with {{PD-USGov}} or similar, but the description credits Canadian Forces Combat Camera, part of the Canadian military. As these are not US Government employees, {{PD-USGov}} is not valid, and evidence is needed that the Canadian military freely licensed these photos (Canadian government photos are not automatically PD). Many include a copyright statement "© 2011 DND-MDN Canada®" (Canadian Department of National Defense).

Consigned (talk) 18:18, 28 September 2024 (UTC)[reply]

 Comment Similar discussion at Commons:Deletion requests/File:F-35C Lightning II at-sea trials 141104-N-ZZ999-017.jpg Gbawden (talk) 18:20, 28 September 2024 (UTC)[reply]
I agree with the DR. I've since excluded these images from new imports from my bot. vip (talk) 18:28, 17 October 2024 (UTC)[reply]

Files found with Special:Search/"DND MDN" "U.S. Army Europe Images"

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These photos are all credited to Canadian Forces photographers, with the copyright statement "© 2011 DND-MDN Canada®" (Department of National Defence); photos by Canadian military are not automatically PD. Their source is the Flickr account U.S. Army Europe, where they were hosted with the license {{Cc-by-2.0}}.

Due to the presence of the copyright statement, I don't think that the Flickr account has the right to publish the photos with a CC license (essentially COM:FLICKRWASHING).

Consigned (talk) 21:53, 28 September 2024 (UTC)[reply]

Files found with Special:Search/"Andy Wolfe" "Lockheed Martin"

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These are military photos tagged with a form of {{PD-USGov}} (photos taken by US Government employees during their duties are automatically Public Domain). In the description, these photos all have some form of statement "U.S. Navy photo by Andy Wolfe courtesy of Lockheed Martin/Released". This indicates that the photo was taken by Andy Wolfe of Lockheed Martin, not a US Government employee, so {{PD-USGov}} is not valid. To keep the files, we would need evidence of a free license from Andy Wolfe and/or Lockheed Martin.

Consigned (talk) 22:04, 28 September 2024 (UTC)[reply]

Files found with Special:Search/"courtesy of Lockheed Martin by" -wolfe

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These are military photos tagged with a form of {{PD-USGov}} (photos taken by US Government employees during their duties are automatically Public Domain). In the description, these photos all have some form of statement "U.S. Navy photo by (photographer's name) courtesy of Lockheed Martin/Released", listing a commercial (not US Military) photographer, e.g. Dane Wiedmann. Since the photo was not taken by a US Government employee, {{PD-USGov}} is not valid. To keep the files, we would need evidence of a free license from the photographer and/or Lockheed Martin.

See also similar deletion request Commons:Deletion requests/Files found with "Andy Wolfe" "Lockheed Martin".

Consigned (talk) 22:19, 28 September 2024 (UTC)[reply]

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