[Foundation-l] Free images and model releases

[Erik Moeller]

Gregory Maxwell:

> I agree, for the most part, but would you not agree that given this
> image and one almost identical but with a solid release from the
> subject that the image with the release would be more free simply
> because any objection from the subject would have far less teeth?  ...

These are slight variations on "freedom", similar to a reproduction of 
public domain 2D artwork without a source vs. one made by a Wikipedian. 
In both cases I would consider image quality the more important 
criterion. Only if the quality is truly equal I would then distinguish 
based on these criteria. In most such cases we could also simply allow 
both images to be used.

 > I think we should encourage people to
> help make sure their submissions are as free as possible.

Certainly Wikimedians should be _encouraged_ to obtain (formal or 
informal) model release whenever possible, just as they should be 
encouraged to provide good metadata, cite sources, use dual-licensing, etc.

> So, how to set the criteria?  It sounds like what you're propose is
> that we only replace images  if their use on Wikipedia more likely
> than average to generate complaint. Thats hard to convert into
> instructions which are simple to understand... and it makes
> assumptions about what all uses of the images will be.

It's more about the content of the image than about its use. An image 
which would be typically considered a private or intimate shot is 
clearly different from a photo taken e.g. in a public stret. Rather than 
having very precise guidelines on this, I suggest an addition to the 
policy which refers to common sense and consensus, e.g.:

    When a photo shows identifiable subjects in a setting which could
    be considered private or intimate according to the predominant
    cultural norms where the photo was taken, such photos should be
    replaced with ones where model release has been obtained. The more
    private or intimate the setting, the stronger is the case to
    completely remove the image if there is no model release.

    Use  common sense, seek consensus, and give the uploader an
    opportunity to obtain model release before removing or replacing an
    image for this reason.

Note the reference to cultural norms. The Dutch have just introduced a 
video to educate immigration applicants about "Dutch culture"; it 
includes scenes such as topless sunbathing, a homosexual couple and nude 
hippies (yay, hippies!). I wouldn't at all be surprised if not all the 
persons shown in this way gave permission. Similarly, a pot smoker in 
the US may be less happy about being photographed than one in the 
Netherlands. ;-)

Yes, you have to make an educated guess about these matters, and that 
guess might be very off-base. The idea is that you mostly act when 
someone complains.

> We often have images of devices or processes which are in no way
> enhanced by people in the shot...

Absolutely. Or the typical tourist shots with the whole family posing in 
front of the medieval castle. Certainly here it is a matter of 
encyclopedic quality to get the damn people out of the picture. ;-)

Erik