User talk:Marchjuly/Archives/2020/November
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Thank you[edit]
Thanks so much for your detailed answer; I really appreciate it a ton as I have been able to get answeres elsewhere.
Have a great evening.
Sarah SarahWTorres07 (talk) 01:34, 17 November 2020 (UTC)
- You're welcome, but should keep watching that post in case anyone else posts something different. -- Marchjuly (talk) 01:41, 17 November 2020 (UTC)
file san maron[edit]
Hi Marchjuly, please find below the link to the website of Marco Augusto Dueñas with photograph.
http://marcoaugusto.com/vaticano-san-maron/ — Preceding unsigned comment added by Finlaykate (talk • contribs) 11:23, November 23, 2020 (UTC)
- I had already found that website Finlaykate. Please check Commons:OTRS#Licensing images: when do I contact OTRS? for details as to what the copyright holder needs to do to verify the file's licensing. Please also note that it's person who takes a photo, not the person being photographed, who is generally considered to be the owner of the photos copyright. Please also see Commons:Derivative work for more information as well because any photo taken of a 3D work of art (like a statue) is likely going to need the COM:CONSENT of both (1) the photographer who took the picture and (2) the artist who created the work. -- Marchjuly (talk) 11:40, 23 November 2020 (UTC)
- Yes, I also have access to this article. The photographs were paid for by the artist 10 years ago... I am unsure how you would like to proceed.— Preceding unsigned comment added by Finlaykate (talk • contribs) 11:49, November 23, 2020 (UTC)
- What article are you talking about? I'm asking whether you have two Commons accounts? Is User:Marco Augusto Dueñas Cepas also your Commons account?Anyway, if the photos were a en:work for hire and there was a en:copyright transfer agreement as part of the deal, then the current owner of the copyright should send a COM:CONSENT email to Wikimedia OTRS as explained both in COM:OTRS#Licensing images: when do I contact OTRS? and on the templates I added to those two files' pages. The copyright holder just needs to email OTRS to verify they understand Commons:Licensing and all its implications (e.g. Commons:License revocation) and that they agree to upload the file under a license that Commons accepts. Basically, the copyright holder is agreeing to allow anyone anywhere in the world to download the files at anytime and use for any purpose (including to make money off of). So, if the copyright holder is OK with that, then ask them to email OTRS. If not, then Commons can't keep the files. In that case, just do nothing and the files will be deleted in about a week.Finally, when you post on another editor's talk page or a file's talk page, etc., please remember to COM:SIGN your posts. -- Marchjuly (talk) 12:09, 23 November 2020 (UTC)
- Yes, I also have access to this article. The photographs were paid for by the artist 10 years ago... I am unsure how you would like to proceed.— Preceding unsigned comment added by Finlaykate (talk • contribs) 11:49, November 23, 2020 (UTC)
- Its going to be impossible to get approval. The photographer retired shortly after. I have no idea how to contact him. What happens with people who just take pics of internet images and place them on articles? Cant the artist approve it as he paid for them?
- Finlaykate (talk) 12:55, 23 November 2020 (UTC)
- Commons doesn’t accept any fair use content per COM:FAIR which means that either permission of the copyright holder is needed or the content needs to be something which is considered no longer or ineligible for copyright protection. So, unless you’re talking about content which is in the public domain for some reason, copyright holder permission is needed. Now, if an artist who creates a work and you then take a photo of it, then you can email your consent for both items (the photo and the statue being photographed) to OTRS and that should be sufficient since you technically own both copyrights. Another possibility is that the statue is installed in a country which allows Commons:Freedom of panorama for 3D works of art; then, all you need is consent for the photo. Some countries like the UK do allow this, but others like the US don’t.Paying for something doesn’t necessarily mean there’s been a transfer of copyright ownership. For example, you may pay a photographer to take your picture, but the photographer may retain all or joint copyright ownership over the photo as part of whatever agreement you made with them. You need to consult with the person who purchased the photos to see whether they purchased the copyright as well or just the physical copy of the photos. — Marchjuly (talk) 13:50, 23 November 2020 (UTC)