File:Henryville, Indiana March 2, 2012 tornado damage.jpg

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Henryville,_Indiana_March_2,_2012_tornado_damage.jpg (772 × 513 pixels, file size: 265 KB, MIME type: image/jpeg)

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Summary

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This media file has been nominated for deletion since 26 October 2024.
To discuss it, please visit the nomination page.

Do not remove this tag until the deletion nomination is closed.

Reason for the nomination:

These images were all sourced from webpages of the US National Weather Service but are the work of third-party photographers.

For many years, hosting such images on the Commons was done under the rationale that:

  • a process used for a time by the NWS Sioux City regional office that placed photos taken by the public into the public domain as a term of submisison applied to all third party images across all of weather.gov
  • the wording of the general site disclaimer on weather.gov that says "The information on National Weather Service (NWS) Web pages are in the public domain, unless specifically noted otherwise" means "noted with a formal copyright notice" (and ignoring the wording later in the disclaimer that goes on to say "Third-party information and imagery are used under license by the individual third-party provider. [...] Please contact the third-party provider for information on your rights to further use these data/products.")

An extensive review of this rationale in 2024 revealed that:

  • the NWS has had multiple, conflicting processes for public image submissions over the decades, some running concurrently by different regional offices (examples). Some of these processes made release into the public domain a condition of submission, others did not, and some were ambiguous. In practice, we can almost never link a particular image to any particular submission process.
  • in every one of several dozen cases investigated, individual photographers and third-party organizations had not released their work into the public domain when they submitted it for the NWS to use, and still asserted their rights over their images.(examples) This indicates that either the site general disclaimer is not intended to be interpreted the way that uploaders to the Commons have interpreted it over the years, or that this interpretation is correct, but that NWS employees have applied notices to images so very inconsistently over the years as to render the disclaimer completely unreliable.

These findings were confirmed in an RfC conducted from August to October 2024.

Per COM:ONUS it is the responsibility of the person uploading an image to the Commons or anyone arguing for its retention here to obtain permission of the copyright holder. Nevertheless, to expedite this process (and because throughout this review period, the people arguing most strenuously for retention have been remarkably reticent to actually ask photographers about the copyright status of their images), I have approached every one of the creators I have been able to identify.

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Description
English: Damage from an EF4 tornado in Henryville, Indiana on March 2, 2012
Date
Source http://www.crh.noaa.gov/Image/lmk/03022012_EF4.htm ; dead link, archived https://web.archive.org/web/20120308231202/http://www.crh.noaa.gov/Image/lmk/03022012_EF4.htm
Author Dr. Keith Mountain

Licensing

[edit]
Caution: License review in progress

As of November 2024, the copyright and licensing status of this file is under review.

A Commons contributor has asserted in good faith that this file is in the public domain either because:

  • it is a work of the National Weather Service, and as a work of the US Federal Government, ineligible for copyright or
  • a third party might have submitted it to a National Weather Service regional office under terms and conditions that placed it in the public domain. For example, the La Crosse, Louisville, Norman, Omaha, Peachtree City, and Sioux Falls offices are known to have had such terms and conditions for certain contests and other public outreach at various points in time (see here for a complete list) or
  • it is free of copyright for some other reason (for example, it contains no copyrightable elements, or its copyright has expired)

If, during review, this file is found to be in the public domain or available under a free license, a new rationale will be applied as part of the review process and this notice will no longer be displayed. Files that cannot be established with reasonable certainty to be in the public domain or available under a free license will be deleted.

To uploaders

Before re-using this file
You must verify that at least one of the above conditions is true.

In particular, if the file was created by a third party, verify that the specific terms and conditions under which its creator submitted it to the NWS included an explicit release of the file into the public domain. Read such terms and conditions carefully; at least one of these (Omaha) contains one option which would place the file into the public domain and another option which would not.

If you cannot verify the terms and conditions that applied to the submission, or these terms and conditions did not contain an explicit release into the public domain, contact the creator of the file and ask their permission to re-use it. If you are unable to verify that this file is in the public domain or available under a free license, please consider nominating this file for deletion.

See below for the original rationale for asserting that this file is in the Public Domain.

Original public domain rationale
Public domain
This image is in the public domain because it was stored on the web servers of the U.S. National Weather Service. NWS-created images are automatically public domain in the U.S. since the NWS is a part of the U.S. government. However, the NWS sites also host non-NWS images which have been submitted by individuals: these are generally shown as "Courtesy of ...". Such images have explicitly been released to the public domain by the copyright owner as part of the upload process.
  • As stated at https://www.weather.gov/disclaimer/: "The information on National Weather Service Web servers and Web sites is in the public domain, unless specifically annotated otherwise, and may be used freely by the public."
  • As stated at https://www.weather.gov/fsd/disclaimer: "By submitting images, you understand that your image is being released into the public domain. This means that your photo or video may be downloaded, copied, and used by others."
Thus, all images on NWS servers are public domain (including "Courtesy of ..." and “Photo by ...” images) unless specifically stated otherwise through a copyright (©) watermark.

English | suomi | македонски | português | +/−

File history

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Date/TimeThumbnailDimensionsUserComment
current11:45, 14 March 2012Thumbnail for version as of 11:45, 14 March 2012772 × 513 (265 KB)Cyclonebiskit (talk | contribs)

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