2009/3/22 Liam Wyatt liamwyatt@gmail.com:
So, I ask that when we copy images from galleries/museums/libraries, or even when we take photos of the originals ourselves, we include the comprehensive attribution that the gallery/museum itself includes. I would suggest that this should be the Commons policy when dealing with art.
Outside of copyright commons policy will never be that detailed.
- Fair-use vs. {{self}}.
Later in the meeting I was directed to look at two images: http://en.wikipedia.org/wiki/File:Warlugulong.jpg and http://en.wikipedia.org/wiki/File:Margaret_olley_still_life_1975.JPG Both of these paintings are in the Australian National Gallery collection, both are self-made photographs taken by a visitor to the gallery, both are uploaded to en:Wikipedia and the subject matter of both are in copyright. However, one is listed as a fair-use claim whilst the other is listed as Public Domain by virtue of the photographer releasing the photo under that license. The question is, which copyright licence is correct? They are both in the same circumstances. At the time I did not look closely enough to see that the images were taken by wikipedians (as opposed to having been supplied by the gallery) and so I wrongly listed the File:Warlugulong.jpg for speedy deletion on the basis of an incorrect "self-PD" claim. As it turned out, even though my speedy deletion request was incorrect, showing that an image can in fact be listed for review by administrators was very encouraging to them. I also explained the basis of our fair-use system on the English wikipedia - and therefore the legal justification for our use of the Margaret Olley image - and this was also accepted and understood. However, the original question remains, if I go into a gallery and take a photo of an in-copyright painting (and only the painting - I'm not talking about things that appear in the background here) should it be uploaded as fair use or as self-made?
Fair use with a note that you release any right you have. The one claiming PD is a copyvio and has been deleted.
So, I ask that in the same way as we have a well defined and well publicised system for using fair-use on en:WP but not on commons (or de:WP for example) we should also make a well defined, consistent and well publicised system for dealing with self-made photographs of in-copyright artwork.
It doesn't happen very often. In addition it is getting into the area of derivative works which is messy and Freedom of panorama which is lengthy. The relevant commons pages are at:
http://commons.wikimedia.org/wiki/COM:DW http://commons.wikimedia.org/wiki/COM:FOP