2013/12/30 Newyorkbrad <newyorkbrad(a)gmail.com>om>:
I have no role or participation on Commons, but from
my work on English WP
I'm aware of the very real copyright status of "free as a practical matter
although someone could theoretically make a disputed technical argument
otherwise."
One solution, where there is a good-faith argument the image is free and no
rights-holder claiming otherwise, would be a disclaimer. Perhaps something
along the lines of "It is believed this image is in the public domain [or,
the status of this image depends on resolution of an open legal issue, or
whatever] and therefore eligible for inclusion on Wikimedia Commons and for
re-use. However, it is possible that the free status of this image could be
disputed because [brief explanation of reason]. Potential re-users should
therefore proceed cautiously."
There are actually many templates saying something similar on Commons
- regarding trademark issues, privacy issues, etc. Even template
US-Gov-PD has such a similar statement - just because it is not always
clear if the US-Gov-PD works are always PD in other jursdictions. The
typical example are pictures of Obama and his family - taken by his
personal photographer who is employed by White House (thus he is
US-Gov employee) - but the pictures are issued on Flickr and several
other places under various licences with personality rights
disclaimers...
--
Tomek "Polimerek" Ganicz
http://pl.wikimedia.org/wiki/User:Polimerek
http://www.ganicz.pl/poli/
http://www.cbmm.lodz.pl/work.php?id=29&title=tomasz-ganicz