2009/3/22 Liam Wyatt <liamwyatt(a)gmail.com>om>:
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.
2) 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
--
geni