User talk:Valeskanoemi

Welcome to Wikimedia Commons, Valeskanoemi!

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-- Wikimedia Commons Welcome (talk) 13:41, 2 January 2023 (UTC)

An unfree Flickr license was found on File:Skulptur "Otto", Dane Kapevski, 1996.png

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A file that you uploaded to Wikimedia Commons from Flickr, File:Skulptur "Otto", Dane Kapevski, 1996.png, was found available on Flickr by an administrator or reviewer under the license Noncommercial (), No derivative works (), or All Rights Reserved (), which isn't compatible with Wikimedia Commons, per the licensing policy. The file has been deleted. Commons:Flickr files/Appeal for license change has information about sending the Flickr user an appeal asking for the license to be changed. Only Flickr images tagged as (CC BY), (CC BY-SA), (CC0) and (PDM) are allowed on Wikimedia Commons. If the Flickr user has changed the license of the Flickr image, feel free to ask an administrator to restore the file, or start an undeletion request.

Túrelio (talk) 15:45, 2 January 2023 (UTC)

File:Skulptur "Otto", Dane Kapevski, 1996.png

File:Skulptur "Otto", Dane Kapevski, 1996.png has been marked as a possible copyright violation. Wikimedia Commons only accepts free content—that is, images and other media files that can be used by anyone, for any purpose. Traditional copyright law does not grant these freedoms, and unless noted otherwise, everything you find on the web is copyrighted and not permitted here. For details on what is acceptable, please read Commons:Licensing. You may also find Commons:Copyright rules useful, or you can ask questions about Commons policies at the Commons:Help desk. If you are the copyright holder and the creator of the file, please read Commons:But it's my own work! for tips on how to provide evidence of that. The file you added has been deleted. If you have written permission from the copyright holder, please have them send us a free license release via COM:VRT. If you believe that the deletion was not in accordance with policy, you may request undeletion. (It is not necessary to request undeletion if using VRT; the file will be automatically restored at the conclusion of the process.) This file is a copyright violation for the following reason: COM:CSD#F4, License review NOT passed: No evidence of a free license at the claimed source. Warning: Wikimedia Commons takes copyright violations very seriously and persistent violators will be blocked from editing.

 

Lemonaka (talk) 15:46, 2 January 2023 (UTC)

Maybe I have to mark it differently but the photographer has passed away and I knew him personally. Valeska Mangel (talk) 15:47, 2 January 2023 (UTC)

Hi, sorry, but it doesn't work that way on Commons. This image has 2 copyrights: 1) for the sculpture: Dane Kapevski (copyrighted til end of 2092); 2) for the photography: Karl Kirschner (died when?). In which country/location has the photo been shot? Was the sculpture permanently installed at that location? The image is clearly marked "All rights reserved" on Flickr. Only the photographer or his heir(s) can release it under a free license. That needs documentation. If the photographer is dead already (copyright lasts for 70 years after death!), his heir(s) needs to confirm the choosen free license to permissions-commons-de@wikimedia.org (OTRS). However, a permission by the photographer's heir(s) would only be sufficient for Commons, if freedom-of-panorama exception is applicable for the sculpture, which depends on location. --Túrelio (talk) 15:56, 2 January 2023 (UTC)

Can I mark it as cco the photographer has no heirs and Im the only heir of the artist Valeska Mangel (talk) 15:58, 2 January 2023 (UTC)

No, I explained it already above. Solid evidence is required for both copyrights. By the way: You did not answer any of my questions above. --Túrelio (talk) 16:00, 2 January 2023 (UTC)

The photographer died too recently for it to be 70 years ago. the location has been germany, kreis gütersloh, the sculpture was permanently installed in public and is now damaged and gone and no longer shown. Valeska Mangel (talk) 16:02, 2 January 2023 (UTC)

Ok. Then the copyright-status for the sculpture is solved, as FoP should be applicable. With regard to the photography-copyright: you wrote "photographer has no heirs and Im the only heir of the artist" - that sounds contradictory if you meant the photographer when you wrote "artist". Or did you mean the sculptor? --Túrelio (talk) 16:07, 2 January 2023 (UTC)

okay great. I meant the photographer has no heirs. the sculptor is my father of whome I am the only legal heir and have the testament. Valeska Mangel (talk) 16:09, 2 January 2023 (UTC)

Ok. The testament of your father does not help for the photo-copyright, except the photographer had transferred his copyright (or given a permission) to your father. When did the photographer die? (By the way: if it's easier for you to communicate in German, we can do that) --Túrelio (talk) 16:13, 2 January 2023 (UTC)

english is fine. yes I assumed the photographer could be difficult. My father was allowed to use the images but I dont think I have this in writing. I believe he died 2019. Valeska Mangel (talk) 16:16, 2 January 2023 (UTC)

As the photographer is from Germany: in the legal system of Germany, if there is no last will and no heir, the heritage goes to the state. However, as the Flickr-page "www.foto-kirschner.de"[1] is still online, I wonder if there is really nobody who takes care about that. --Túrelio (talk) 16:23, 2 January 2023 (UTC)

I think its online because no one takes care of it... his parents are too old and he never had children Valeska Mangel (talk) 16:25, 2 January 2023 (UTC)

Wow, his parents are living? If you know them, they might give you a permission. Kirschner indeed died 2019[2]. This obituary mentions a "Monika Kirschner". Isn't she his widow? --Túrelio (talk) 16:27, 2 January 2023 (UTC)

oh wow thanks so much for finding this. I will try to find a contact. will I need to proof it somehow? Valeska Mangel (talk) 16:29, 2 January 2023 (UTC)

and he didnt have a wife it must be a sister Valeska Mangel (talk) 16:36, 2 January 2023 (UTC)

If Monika is his widow, she should indeed be his heir, if there are no children. So, you should contact her. As she is Germany, it might be easier to use a German-language permission-template. Go to Commons:E-Mail-Vorlagen#Einverständniserklärung (Rechte-Inhaber) and copy the boxed permission-text to your text-editor. Replace the placeholder "OBJEKTNAME" with the link to the image (https://commons.wikimedia.org/wiki/File:Skulptur_%22Otto%22,_Dane_Kapevski,_1996.png). I would recommend to change the simple license, which you have choosen, to {{cc-by-sa-3.0-de}}[3], but that's just a recommendation, not obligatory. Depending on your decision, you should then replace the placeholder (permission-template) behind "freien Lizenz ..." either by "Attribution|1=Karl Kirschner Photography" or by "cc-by-sa-3.0-de". Then you should either email the adapted permission-text (or send a print-out by mail) to the widow and ask her to add her name and the date at the lower end and mail it directly to permissions-commons-de@wikimedia.org . The send-in permission will not be made public and can only by accessed by our OTRS-volunteers, who are confidentiality-obliged. --Túrelio (talk) 16:44, 2 January 2023 (UTC)

If she is his sister and there are no children, she might be his legal heir. She should add a sentence to the permission-text, stating that she is the only sister of the photogrpher and his heir.---Túrelio (talk) 16:46, 2 January 2023 (UTC)

I checked and its his sister. We can ask a sibling and do what you said but there was no wife and no children. so I guess this will still be necessary? thanks a lot Valeska Mangel (talk) 16:48, 2 January 2023 (UTC)

Yes, of course. --Túrelio (talk) 16:51, 2 January 2023 (UTC)

sorry, me again. I spoke with the family and they never accepted the inheritance none of them and its only the siblings. So they also dont have any legal rights. Valeska Mangel (talk) 19:13, 2 January 2023 (UTC)

Well, I am not a lawyer. But, if they all rejected the inheritance, then it might really have fallen to the state, which makes the situation rather complicated. Did they mention that in any way? It will require quite some research to find out which court decided about that and what state agency/institution might be responsible. I was never confronted with such a situation. It's the more unforunate if this photography is the only document of your father's sculpture. --Túrelio (talk) 20:38, 2 January 2023 (UTC)

I might be able to dig out another one but it will likely be a similar issue. I can get them to confirm I can use it anyway... Valeska Mangel (talk) 21:50, 2 January 2023 (UTC)

Its just difficult because this photographer has basically taken most of my dads photos over the years. But again i can get in writing from them that we can use it. Valeska Mangel (talk) 21:51, 2 January 2023 (UTC)

In case you ask for a permission, it's essential not get a permission "to use them on Wikipedia or Commons", as we do not accept that, but to get a defined license (=permission), such as the CC-BY-SA-licenses mentioned above. It does not necessarily need to be a CC license, however, per our policy COM:L the license needs to permit commercial use and the creation of derivatives. --Túrelio (talk) 22:33, 2 January 2023 (UTC)

Thanks it is already set to CC-BY-SA and I requested the official signature from his brother so once I hear back from him I can forward all the necessary information to wikipedia permissions. Valeska Mangel (talk) 13:20, 3 January 2023 (UTC)

Important: ask the licensor to send the permission directly to permissions-commons-de@wikimedia.org, as OTRS does not like forwarded emails. --Túrelio (talk) 15:48, 3 January 2023 (UTC)

File:Titel unbekannt, erstes Öl-Gemälde von Dane Kapevski, 1971.png

By the way, a permission is also needed for your father's painting: File:Titel unbekannt, erstes Öl-Gemälde von Dane Kapevski, 1971.png. As it seems to be a 2-dimensional reproduction, only the copyright for the painting itself is relevant. So, in this case, you yourself as the heir of your father need to issue the permission. As explained above, you should take the permission-template, add the link https://commons.wikimedia.org/wiki/File:Titel_unbekannt,_erstes_%C3%96l-Gem%C3%A4lde_von_Dane_Kapevski,_1971.png and the license-name "cc-by-sa-4.0" and a sentence stating that your are the only heir of the painter. Then sign and date it, and send it to the above mentioned address. --Túrelio (talk) 16:54, 2 January 2023 (UTC)

thanks I sent them the email. how do I change the license name without having to change the whole upload? Valeska Mangel (talk) 17:10, 2 January 2023 (UTC)

found it thanks so much! lets hope these are the only issues. Valeska Mangel (talk) 17:13, 2 January 2023 (UTC)

Copyright status: File:Porträt Dane Kapevski.jpg

Copyright status: File:Porträt Dane Kapevski.jpg

This media may be deleted.

Thanks for uploading File:Porträt Dane Kapevski.jpg. I notice that the file page either doesn't contain enough information about the license or it contains contradictory information about the license, so the copyright status is unclear. If you created this file yourself, then you must provide a valid copyright tag. For example, you can tag it with {{self|GFDL|cc-by-sa-all}} to release it under the multi-license GFDL plus Creative Commons Attribution-ShareAlike All-version license or you can tag it with {{PD-self}} to release it into the public domain. (See Commons:Copyright tags for the full list of license tags that you can use.) If you did not create the file yourself or if it is a derivative of another work that is possibly subject to copyright protection, then you must specify where you found it (e.g. usually a link to the web page where you got it), you must provide proof that it has a license that is acceptable for Commons (e.g. usually a link to the terms of use for content from that page), and you must add an appropriate license tag. If you did not create the file yourself and the specific source and license information is not available on the web, you must obtain permission through the VRT system and follow the procedure described there. Note that any unsourced or improperly licensed files will be deleted one week after they have been marked as lacking proper information, as described in criteria for deletion. If you have uploaded other files, please confirm that you have provided the proper information for those files, too. If you have any questions about licenses please ask at Commons:Village pump/Copyright or see our help pages. Thank you.

This action was performed automatically by AntiCompositeBot (talk) (FAQ) 10:05, 3 January 2023 (UTC)

I requested a signature from the photographer to officially allow the upload in wiki commons but he has already agreed and provided the photo for this particular cause. I will forward the form with his signature to wikipedia permissions asap. Valeska Mangel (talk) 13:19, 3 January 2023 (UTC)

Important: ask the licensor to send the permission directly to permissions-commons-de@wikimedia.org, as OTRS does not like forwarded emails. --Túrelio (talk) 15:47, 3 January 2023 (UTC)

Okay! I will see what I can do, thanks 2A02:908:D517:EBA0:387E:31A7:BADB:BEC9 10:12, 4 January 2023 (UTC)