User talk:Yarikata

Welcome to Wikimedia Commons, Yarikata!

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-- Wikimedia Commons Welcome (talk) 17:35, 25 February 2013 (UTC)

File tagging File:Twenty Flight Rockers.jpg

This media may be deleted.

Thanks for uploading File:Twenty Flight Rockers.jpg. This media is missing permission information. A source is given, but there is no proof that the author or copyright holder agreed to license the file under the given license. Please provide a link to an appropriate webpage with license information, or ask the author or copyright holder to send an email with copy of a written permission to VRT (permissions-commons@wikimedia.org). You may still be required to go through this procedure even if you are the author yourself; please see Commons:But it's my own work! for more details. After you emailed permission, you may replace the {{No permission since}} tag with {{subst:PP}} on file description page. Alternatively, you may click on "Challenge speedy deletion" below the tag if you wish to provide an argument why evidence of permission is not necessary in this case. Please see this page for more information on how to confirm permission, or if you would like to understand why we ask for permission when uploading work that is not your own, or work which has been previously published (regardless of whether it is your own). Warning: unless the permission information is given, the file may be deleted after seven days. Thank you.

 

And also:

• File:Supernaut (1976).jpg
• File:The International Swingers.jpg

Yours sincerely, Magog the Ogre (talk) (contribs) 19:57, 8 March 2015 (UTC)

@Magog the Ogre: Hi, I'd have a question about the burden of proof on Wikimedia Commons. There are a few images recently tagged by you for deletion because there is no proof of license permission. When uploading these images I mentioned that I learned from an intermediary party about the license grating. I was inspired by this photo of another band, where the uploader stated a similar thing. I thought this statement would be enough and I proceeded to ask the musician for free photos. It seems that this is not enough as a burden of proof? Yarikata (talk) 15:24, 9 March 2015 (UTC)

Well, it's complicated, but in general the burden of proof lies with the person trying to prove it's free; see COM:EVIDENCE. The reasons for this are twofold:

• As I understand it (IANAL), legally one cannot verbally forfeit any of his or her rights associated with copyright. It must be in writing. Hence the request above for email permission. See Commons:Email templates.
• The culture for free repositories is different than places like YouTube, Reddit, etc. And for good reason: our whole premise is that our works must be legally reusable. If we don't actively enforce that, it effectively invalidates our status as a free repository.

In any case, we can indeed keep the images, but we'll need the copyright holder to send us an email, as described above. The copyright holder is the photographer unless there is a written agreement with another entity; in the case of a band, there often is such an agreement, either with the band itself or with the record company.

Anyway, the email is private (i.e., only visible to a chosen subset of volunteers).

Let me know if you have any further questions. Magog the Ogre (talk) (contribs) 22:57, 9 March 2015 (UTC)

@Magog the Ogre: ::Thank you for this info. Do you think that it would be taken into consideration an OTRS email from Gary Twinn (the musician that was/is part of each of these three bands), stating that the authors of each of the three photos forfeited their rights and gave permission for free use? Yarikata (talk) 12:56, 10 March 2015 (UTC)