Commons:Undeletion requests/Current requests

From Wikimedia Commons, the free media repository
Jump to: navigation, search

Current requests[edit]

File:Ernest Mercier La Pocatière.jpg[edit]

Please restore the following pages:

Reason: Ticket:2015012710019552 received from the subject's son claiming copyright is verbally transferred to him from the photographers who are colleagues of his father. He used the word "formally"; but as he can't recall their names I assume it is verbally. Unable to verify the email address; so collected a signed document. Subject deceased on 2002. Jee 15:58, 27 March 2015 (UTC)

Symbol oppose vote.svg Oppose I don't like it. Copyright cannot be transferred verbally -- it requires a written agreement, and, since he does not know the names of the photographers, obviously he does not have a written agreement. .     Jim . . . . (Jameslwoodward) (talk to me)
I restored these files. Jim, I think that's a bit too much unnecessary bureaucracy. However, I am not sure that the permission can apply to File:Dr Ernest Mercier nomination Lennoxville.jpg. {{PD-Canada}} applies to File:Ernest Mercier La Pocatière.jpg. Regards, Yann (talk) 16:16, 27 March 2015 (UTC)
The man has a memory that three different copyright holders transferred copyright to him or his father more than 13 years ago. One of the three images is a newspaper clip from 1952. Quite aside from the fact that copyright law requires written transfers, can we really accept his assertion on any of them? I think this is a case where the son is willing to say anything to get his father's picture on WP. .     Jim . . . . (Jameslwoodward) (talk to me) 19:51, 27 March 2015 (UTC)
OK fine. I deleted 2 files. Yann (talk) 20:33, 27 March 2015 (UTC)
Hey @Jameslwoodward: you're quite right in asserting that we are trying to get those pictures on the encyclopedia. Now, we're doing our best to be honest as we fully believe in Wikimedia's mandate of respecting copyright laws and acting conservatively when ownership is contentious. I agree with you on the picture of the newspaper clipping. However, we do believe that the picture File:Dr Ernest Mercier Cuba.jpg was taken at the request of the subject and probably using his own photographic equipment. It is also very much possible that it was taken by a Cuban person (I'm not sure how they handle copyright under communist rule). Regardless, if there is a copyright holder, it is no longer feasible to find them. They are most likely long deceased or simply untraceable. Could you suggest any course of action? Thanks Tinss (talk) 03:30, 28 March 2015 (UTC)
Then the file is probably not ok for Commons. See COM:PCP. In most cases, just because you are unable to discern a copyright holder of a creative work does not in fact mean that a copyright does not exist for said work -FASTILY 08:40, 28 March 2015 (UTC)
Cuban copyright law is much the same as other signatories to the Berne Convention. Unfortunately, as Fastily suggests, "probably" and "most likely" are not good words here -- policy requires that you prove beyond a significant doubt that the image is freely licensed and without a written document from the photographer or a license from his heirs, that cannot be. .     Jim . . . . (Jameslwoodward) (talk to me) 10:40, 28 March 2015 (UTC)