Commons:Image casebook
From Wikimedia Commons, the free media repository
This page brings together a variety of subjects and aims to answer the question "Can I upload photographs/pictures of ...?"
It is 
OK to upload:
- Photos you have taken yourself of uncopyrightable subjects such as views, nature, yourself (as long as you don't use this as your private web space), people who have given their consent.
- Photos taken by you or scans or photocopies made by you of objects or designs whose copyright has expired (usually 70 years after the death of the author, but see Commons:Licensing for a country-by-country list).
- Mere mechanical scans or photocopies, made by somebody else, of an object or design old enough to be in the public domain (usually 70 years after the death of the author, but see Commons:Licensing for a country-by-country list). For scans of old images that may have been enhanced, see Commons:When to use the PD-scan tag. Note that in some countries photographs taken from a distance may be copyright-protected even where they are faithful reproductions of public domain artworks: see Commons:When to use the PD-Art tag.
Other subjects may or may not be allowable - see headings below. If you want to have an answer to the question "Can I upload photographs/pictures from ...?", see the section on Internet images.
[edit] Album covers
Album covers (LP, CD, DVD, video cassettes, and so on) almost always carry copyright-protected designs, and photographs of them may not normally be uploaded to Commons. The fact that you are the physical owner of an album does not mean that you are authorised to replicate the cover design by uploading a copy here.
[edit] Antiquities
Some countries (like Italy, Greece or Egypt) have laws which allow to control the publication of pictures of protected archaelogical sites or heritage items. This laws doesn't count for Commons as laws according the general rule that pictures must be PD/free in the country of origin and the US.
[edit] Architecture
- See Commons:Freedom of panorama and Buildings below.
[edit] Art (copies of)
[edit] 2D art (paintings etc):
If the original artwork remains in copyright a license from the artist is nearly always needed. Mere physical ownership of an original artwork such as a painting does not confer ownership of the copyright: that remains with the artist.
There are a few rare situations where the artist's license may not be needed:
- Certain images permanently located in a public place, in some countries: See Commons:Freedom of panorama.
If the original artwork is old enough to be in the public domain it is OK to upload a scan or a photocopy (from any source) or a photograph you have taken yourself. It may or may not be allowable to upload a copy of someone else's photograph that has been taken from a distance. The reason is that in some countries the photograph itself may have copyright protection even though all it shows is a public domain artwork. See Commons: When to use the PD-Art tag
[edit] 3D art (sculptures etc):
If the original artwork remains in copyright a license from the artist is nearly always needed. Mere physical ownership of an original artwork such as a sculpture does not confer ownership of the copyright: that remains with the artist.
In a few countries a 3D artwork that is permanently located in a public place can be photographed and the image uploaded without the artist's permission: See Commons:Freedom of panorama.
If the 3D artwork is old enough to be in the public domain, it is OK to upload a photograph you have taken yourself. If the photograph was taken by somebody else, you need the photographer’s permission, and the photograph itself will be copyright-protected in spite of the fact that what it shows is a public domain artwork.
- See also Replicas of PD artworks
[edit] Banknotes
- See Commons:Currency
[edit] Board games
Board games are usually of copyright design, and photographs that are intended to illustrate the game board and/or the box are not normally acceptable. Photographs of a game in progress may possibly be allowable provided that the copyright elements are incidental to the overall image, but that is unlikely to be the case if the whole board or box design is clearly shown. The design shown does not automatically become incidental simply because there are some players in the frame along with the board.
Old board games such as backgammon, chess and go are allowable unless the board incorporates some original artistic design. Monopoly is also a special case: the 'original' Monopoly board is now out of copyright - it was published in a US patent application back in 1935: see w:Image:DarrowPage1.png. Modern standard sets may be shown provided that they are substantially identical in design to the original. Sets with significant new design elements, such as Monopoly Junior, are not allowed since the new design elements will be entitled to a new copyright.
[edit] Book covers
Book covers, unless they are very old, usually carry copyright-protected designs, and photographs of them may not normally be uploaded to Commons. The fact that you are the physical owner of a book does not mean that you are authorised to replicate the cover design by uploading a copy here.
[edit] Buildings
Photographs of buildings are normally allowed if the building is old enough to be public domain (in many countries, where the architect has been dead for at least 70 years). Photographs of more recent buildings may be restricted because of the architect's copyright, though some countries have exceptions that allow photographs to be taken of any building in a public place. See Commons:Freedom of panorama
[edit] CD covers
- See Album covers.
[edit] Characters from books and films
- See Commons:Fan art
[edit] Clothing
Images illustrating clothing styles or articles of clothing are normally acceptable. However, care must be taken not to infringe the copyright of any printed or woven design that may appear on the clothing's surface. So, for example you cannot upload images of t-shirts or caps displaying a copyright cartoon character: see Comic and action figures.
Sports strips/kit in club colours may also be copyright-protected: see Sports strips/kit.
[edit] Coats of arms
You should assume that a coat of arms drawn by someone else is copyright-protected unless you can demonstrate to the contrary. Even if the elements making up the arms have been used for hundreds of years, each specific realization may have sufficient originality to attract copyright protection. Direct copies of such specific realizations cannot therefore be uploaded even if you have taken the trouble to trace or even re-draw the design yourself.
However, if you can establish that the specific realization you want to use is old enough to be out of copyright, it is OK to upload. It is also OK if you can establish that the specific realization differs from an old public domain realization by only by immaterial details that in themselves are not sufficiently creative to generate a new copyright.
- See also Commons:Coat of Arms and Copyright on emblems.
[edit] Coins
- See Commons:Currency
[edit] Comic and action figures
No photographs, drawings, paintings or any other copies/derivative works of these are allowed (as long as the original is not in the public domain). No pictures are allowed of items which are derivatives from copyrighted figures themselves, like dolls, action figures, t-shirts, printed bags, ashtrays etc.
- See also Commons:Fan art
[edit] Concert photography
Photographs you've taken yourself at concerts are believed to be acceptable. We believe such photos are not covered by the performing artists' neighboring rights (see this discussion). Nevertheless: ideally, you should be able to present an explicit permission by the performer to take and publish photos. Beware of concert photos showing an artistic stage design: such photos are not ok, as they may infringe the stage designer's copyright. Close-ups of performing artists should be fine, though.
- See also: Practical tips on concert photography
On concert photographs found on other web sites, see Fan sites.
[edit] Covers
- See Album covers and Book covers.
[edit] Currency
- See Commons:Currency
[edit] Drawings based on photographs
Photographs can be copyrighted. A drawing made from a copyrighted photograph is a derivative work; such a drawing can be published only if the copyright owner of the underlying photograph has given his express consent. The artist of the drawing also has a copyright on all aspects original to his or her drawing. If the base photo is in the public domain, there's only the copyright of the artist of the drawing to consider.
If you want to upload a drawing made by someone else based on a copyrighted photo, you thus need both the photographer's and the artist's consent. If you yourself have made a drawing based on a copyrighted photo, you need the permission of the photographer before uploading your drawing here.
Drawings based on several photos are derivative works of all of them, and permission from the authors of all copyrighted photos would be needed.
The same also applies to paintings done after photographs, or drawings and paintings done based on other drawings or paintings, and even to drawings or paintings done directly after a 3D sculpture: all are derivative works, and in all cases the copyright of the underlying original needs to be considered. It also applies to collages. See also Art (copies of).
[edit] Fan art
- See Commons:Fan art
[edit] Fireworks displays
According to the Berne Convention, a work can only be automatically protected by copyright when it is written or recorded on a fixed medium. As fireworks are pretty much only in mid-air for a few seconds (also noting that the Earth's climate is not anywhere near a fixed medium), this is considered tangible and is not copyrightable. However of course, the data used to choreograph a fireworks display and the chemical formulas for the shells can be copyrighted (since it is fixed data), but the result is not.
[edit] Graffiti
Graffiti are essentially murals that have been painted illegally. Photographs of graffiti have long been allowed on Commons. As artistic works, copyright in graffiti will theoretically belong to the original artist. However, because of the illegality, it is unlikely that the artist would want, or indeed arguably be able, to enforce the copyright.
For legally-painted artworks, see Murals.
[edit] Household objects
- See Utility objects
[edit] Internet images
The vast majority of images found on the internet are copyright-protected and may not be uploaded. The fact that an image has been posted to a publicly-available website does not give you implied permission to re-use it nor to upload it here. Many websites are silent on copyright issues, but images on those sites are just as off-limits as those on sites which explicitly say "Copyright, all rights reserved". Works are copyrighted by default; a copyright notice or a © sign is not needed.
Some specific sites are listed at Public domain image resources, Problematic sources and Bad sources.
The following images can be copied and uploaded:
[edit] Public domain images
Images that are verifiably old enough to be out of copyright: generally when the author has been dead for at least 70 years, but see Commons:Licensing for country-by-country rules. The copyright must have expired in your jurisdiction, the United States and the jurisdiction of the web server.
Note that a photograph of a PD work of art may be copyright-protected in some countries, even if the subject of the photograph is not: see Commons:When to use the PD-Art tag.
Some websites incorrectly purport to claim copyright protection on old images that are actually in the public domain. You should critically analyse such statements and not simply take them at face value.
[edit] Images released under a free license
Images that have been verifiably released under an acceptable Free license by the copyright owner. The image must be free in your jurisdiction, the United States and the jurisdiction of the web server.
Note that the copyright owner is normally the photographer or original artist and not the website owner. Many amateur and even some professional websites purport to release rights that they do not own, for example by incorrectly stating that all images on the site are public domain. You should critically analyse such statements and not simply take them at face value.
In a few countries, notably the USA, most government-created works are as a matter of policy released into the public domain: please use the appropriate template such as {{PD-USGov}}.
[edit] Copyright-ineligible images
Images that are not of sufficient originality to attract copyright protection - use the template {{PD-ineligible}}.
[edit] Logos
- See Trademarks.
[edit] Maps
Maps are always copyright works unless they are old enough to be in the public domain. You may not upload copies of copyright maps to Commons, nor may you trace or even re-draw such a map yourself. Any map you create yourself must be wholly based on public domain sources or on sources that have been released under a suitable free license.
[edit] Models
[edit] Murals
Unless old enough to be in the public domain, murals will normally be copyright-protected even if the artist is unknown. Thus, images of murals cannot usually be accepted. It normally makes no difference if the mural is in a public place and can be freely photographed since Freedom of Panorama, where it exists, typically does not extend to permitting photographs of 2D artworks such as murals. There are a very few exceptions - see: Freedom of Panorama.
- See also Graffiti
[edit] Museum photography
Photographs taken by yourself in a museum are deemed acceptable here, provided they do not show copyrighted works. If the museum's house rules forbid photography, a breach of that rule is a problem between the photographer and the museum, but does not affect the copyright status of an image. If the museum's house rules were a valid contract, it would bind only the parties of the contract: the photographer and the museum. The Commons and all other third parties are not subject to such a contract.
Photographs from museum websites or other museum photographs made by third parties (i.e., not by you), including also photos from books, are copyrighted by their authors. See Internet images. Photographic reproductions of two-dimensional originals (such as a photo of a painting, shown without frame) may, or may not, be eligible to copyright; see Art (copies of).
- See also: Practical tips on photographing in museums.
[edit] Nudity
- See Commons:Nudity
[edit] Paintings
- See Art.
[edit] People
[edit] Portraits
[edit] Posters
Posters are normally copyright-protected even if the artist is unknown. Thus, images of posters cannot usually be accepted. It normally makes no difference if the poster is in a public place and is freely photographable since Freedom of Panorama, where it exists, typically does not extend to permitting photographs of 2D artworks. Even where it does, posters will usually be excluded since they are normally located temporarily rather than permanently in a public place.
It is sometimes argued that the primary purpose of a poster is advertising, and that the advertiser should be pleased that the image is being widely disseminated by Commons. Such an argument, however, cannot overcome the basic copyright problem: that the uploader is purporting to license to all and sundry (incuding the advertiser's competitors) an original design that he/she did not create and does not own.
[edit] Replicas of PD artworks
Exact replicas of public domain works, like tourist souvenirs of the Venus de Milo, cannot attract any new copyright as exact replicas do not have the required originality. Hence, photographs of such items can be treated just like photographs of the artwork itself.
[edit] Road signs
You should assume that a road sign is copyright-protected and may not be uploaded unless you can demonstrate to the contrary. Allowable signs include those that are too simple to attract copyright protection (use the {{PD-ineligible}} tag), those that are old enough to be in the public domain, and those released to the public domain by government policy - eg certain signs which are specified within the US Department of Transportation's Manual on Uniform Traffic Control Devices.
[edit] Screenshots
- See Commons:Screenshots.
[edit] Sculptures and statues
- See Art (copies of).
[edit] Shields
- See Coats of arms
[edit] Sports strips/kit
These are normally copyright protected, unless they are simple enough to be {{PD-ineligible}}.
[edit] Toys
[edit] Trademarks
Many trademarks and logos are protected by copyright owned by the relevant company, and may not be uploaded since to do so would be a copyright violation. However, a design which is too simple for copyright protection is acceptable; in such cases please use the {{Trademark}} template and if applicable also {{PD-textlogo}}. Note that the allowability or otherwise of a trademark/logo depends only on whether it is entitled to copyright protection; the fact that the trademark/logo may be additionally protected by Trademark laws in some countries is no bar to Commons hosting the image.
[edit] Utility objects
There is normally no copyright in a 3D utilitarian object, so photographs of typical household objects are normally acceptable as long as you have taken the photograph yourself. If someone else took the photograph, you need permission from copyright owner (usually the photographer).
If the object has an original printed or embossed design on its surface, there will be copyright in that design even though there is no copyright in the 3D shape. This might apply, for example, to a cup with embossed surface decoration. So, unless the printed or embossed design is old enough to be public domain, a photograph of the article may not be uploaded without the designer's permission.
[edit] Vehicles
Current Commons policy allows images of vehicles on the basis that the 3D shape of a vehicle will not normally be entitled to copyright protection. Photographs of vehicles are normally acceptable as long as you have taken the photograph yourself. If someone else took the photograph, you need permission from copyright owner (usually the photographer).
If the vehicle carries an original printed design, there will be copyright in that design even though there is no copyright in the 3D shape. Unless the design is insignificant enough to be ignored, a photograph of the vehicle may not be uploaded without the designer's permission.
