User talk:Globetrotter51

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Welcome to Wikimedia Commons, Globetrotter51!

-- Wikimedia Commons Welcome (talk) 17:44, 28 November 2013 (UTC)[reply]

File:Dallas-Murals-Whales1a.jpg has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry.

If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues.

Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

This includes all of the following:

.     Jim . . . . (Jameslwoodward) (talk to me) 12:12, 12 December 2013 (UTC)[reply]

File:Deep-Ellum-Graphics-22.jpg has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry.

If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues.

Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

.     Jim . . . . (Jameslwoodward) (talk to me) 15:55, 12 December 2013 (UTC)[reply]


Jim, I've had a reply from the copyright lawyer... (complete email below)

Hi there:

Well, there are a few issues going on here and unfortunately no clear cut answer. First, that the building is being destroyed does not take away front he artists copyright, if they have one at all. So lets assume the graffiti has a copyright. You might have a copyright in your photograph but not the underlying work. When you take a picture, your choice of film style, lighting, angle and all that stuff, make an image yours. But there is more controversy over 2D images because those aspects are not easily distinguished from a 2D piece of art the way it is for a 3D object. But since you are also taking building, you may have some copyright in the photograph.

But the graffiti is not incidental, but a focus of the work, and that work is not yours. So you wouldn't have the right to reproduce it necessarily without permission if the work has copyright.

But if the work is illegal, a defacement of property, the question is unsettled. Different courts have different ideas on this. But in many cases, copyright won't be given to illegal art. And with the building destroyed, the building owners have given up ownership. Also, most courts have required the artist identify themselves to receive a copyright. if nobody knows who they are, then copyright is generally not available. but that is not a rule.

So ultimately, the problem is that there is no guarantee. It is case specific. The real way to look at it, is to see if there is a fair use claim. There are no hard rules here, but rather guidelines. I have a bunch of articles on the four factors the court looks at, on my site. Just search for "fair use".

But one of the big points on the fair use idea is that you are taking away income from the copyright holder, that they will buy yours, rather than the artists version. Since that is not possible here, and you are not making money off it but putting it out into the public, it is really likely to be fair use. Probably, the worst that would ever happen is someone asking for it to be removed, not suing you, since there is no damage and it is extremely unlikely the works are registered with the copyright office

People wont sue you unless they can make money. That won't happen here. If you make a book and it becomes hugely popular, you might see someone come out of the woodwork and say, that is mine, i want money. They would have to prove it, and probably don't have anything to prove it with, unless it is marked somehow on the wall. And then they might risk prosecution for defacing property.

I can't tell you 100%, but the odds are nicely in your favor that you can do make them public domain.

One thing you might try is to register your photos with the copyright office. You should anyway so nobody uses your photos on shirts, products, in movies or something. Photographs can be registered for $35, and up to 750 pics if they are all taken in the same year. If the Copyright Office thinks they include someone else's art and you are copying, they will ask you to tell them what in the photo is someone else's work and then allow you to copyright the rest of the picture, disclaiming the art that is not yours. If they do that, you can try to make an argument that the work is not copyright because it is illegal or other reasons i have mentioned. See if you can get them to agree and copyright your entire photograph.


If you want them to be completely public domain, then put that in the metadata. Or, whatever limitation you want on them. If someone uses you image in a way that is against your rules, then you can stop them. But if you register with the copyright office, that process is easier and you receive guaranteed monetary rewards.

Hope that helps Steve

Steve has a website at (iplawmaster.com)

The law Itself is more complex than what I remember. Wiki Commons on the other hand maybe more clear-cut. In the next few days, I will talk with Frank Campagna who, as member of the Deep Ellum Community Association has spearheaded much of the Dallas - Deep Ellum mural artwork thats now gone. He will be able to shed some light on who was involved and if releases can be obtained if applicable. I hope to know something in 4 or 5 days. I have a few connections with downtown property owners regarding the remaining murals and will ask around... — Preceding unsigned comment added by Globetrotter51 (talk • contribs) 05:55, 19 December 2013‎ (UTC)[reply]

I'm going to copy the material above and comment on it my talk page. We keep threads in one place for several reasons -- other people are reading them and it is easier for them, and because we occasionally refer back to them at future dates -- I can control the archiving of my talk page, but not yours. Also, below I'll toss in a template on signing your posts. .     Jim . . . . (Jameslwoodward) (talk to me) 12:12, 19 December 2013 (UTC)[reply]

Please sign your postings[edit]

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Click the "Signature and timestamp"-button to sign your talkpage contributions
Click the "Signature and timestamp"-button to sign your talkpage contributions
As a courtesy to other editors, it is Commons:Signatures policy to sign your posts on talk pages, user talk pages, deletion requests, and noticeboards. To do so, simply add four tildes (~~~~) at the end of your comments. Your user name or IP address (if you are not logged in) and the date will then automatically be added along with a timestamp when you save your comment. Signing your comments helps people to find out who said something and provides them with a link to your user/talk page (for further discussion). Thank you.

.     Jim . . . . (Jameslwoodward) (talk to me) 12:12, 19 December 2013 (UTC)[reply]

File:(Nasher Exchange) Dallas Piece - Henry Moore 1.jpg has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry.

If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues.

Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Túrelio (talk) 21:17, 22 December 2013 (UTC)[reply]

File:(Lubben Plaza) Harrow - Linnea Glatt.jpg has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry.

If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues.

Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Túrelio (talk) 21:22, 22 December 2013 (UTC)[reply]

File:(Lubben Plaza) Gateway Stele - Jesus Bautista Moroles (detail).jpg has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry.

If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues.

Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Túrelio (talk) 21:23, 22 December 2013 (UTC)[reply]

File:(Lubben Plaza) Journey to Sirius - George Smith.jpg has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry.

If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues.

Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Túrelio (talk) 21:23, 22 December 2013 (UTC)[reply]

File:(Dallas Downtown) Venture - Alexander Liberman 1.jpg has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry.

If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues.

Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Túrelio (talk) 21:24, 22 December 2013 (UTC)[reply]

Notification about possible deletion[edit]

Some contents have been listed at Commons:Deletion requests so that the community can discuss whether they should be kept or not. We would appreciate it if you could go to voice your opinion about this at their entry.

If you created these pages, please note that the fact that they have been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with them, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues.

Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Affected:

And also:

Yours sincerely, The Haz talk 10:17, 31 January 2015 (UTC)[reply]