File talk:Czeslawa-Kwoka2.jpg

 

[See "To uploader: Please provide where and when the image was first published." with regard to comment posted on September 6, 2008. Do not delete other users' comments from talk page explaining contexts for previous (and ongoing) requests for deletion. --NYScholar (talk) 14:32, 16 September 2008 (UTC)]

No evidence of any publication date of this image

There is no evidence given by the uploaders of this image (Poeticbent, Nard) of where and when this image was published (if ever). According to United States Copyright Law relating to Public domain, a publication date is needed to establish whether or not the photograph (or other work) is still in copyright in the United States or out of copyright and in the public domain in the United States. The photograph from which the uploaded image derives was not taken until 1942 or 1943. It was taken in Auschwitz (some sources state by Wilhelm Brasse) between those dates; the subject of the photograph arrived in Auschwitz in Dec. 1942 and died in Mar. 1943. There is no evidence that this photograph was published before 1999 to 2000 or 2002 to 2003; it is part of a clip made from still photographs in Adobe Flash media format in the 2005 Polish film The Portraitist, portions of which could have been captured from Polish television (w:TVP1 by "tomasmarec" and made into his derivative video compilation of moving still photos; or he could have photographed it in the Museum, without permission and without authorization, and then uploaded the materials to w:YouTube (uploaded in April and later of 2008), from where Poeticbent has indicated s/he copied and downloaded and edited it before uploading it to Wikipedia. A blog features the 3-pose photograph ("identity picture") from which this single pose derives; but the blogger took the image from an earlier version of the same Wikipedia article on Kwoka. The source of this material uploaded to Wikipedia is unclear and undated in terms of "publication." In United States Copyright Law, for purposes of fair use, Museum exhibitions are not considered to be "publications." Museums maintain their ownership rights (copyright) over the constituted materials in their exhibitions (as the Auschwitz-Birkenau Museum makes clear re: similar properties (portraits) that were made from 1940 to 1945 and over which it exerts ownership rights, along with the acknowledged artists who made such portraits. The Museum also posts credits to the Exhibition Department photographers who took a large photograph of the Exhibition in Block no. 6: The Life of the Prisoners, which it features in a cropped format on its official Website, cutting off the part where one would see these poses of Kwoka; she's not featured in that online publication version of the Museum photographer's photograph. While the Museum chronology of events establishes that this exhibition was first mounted in 1955, we do not know whether or not it included this set of photographs at that time or when it first included the photographs from which the 3-poses of Kwoka ("identity picture") credited to Brasse by some non-Museum secondary sources cited in the Wikipedia article. (It is not even certain that Brasse did take these photographs, but the sources state that he did; on what basis is not clear; maybe the film clarifies that.) With all these unknowns about sources of ownership and dates of publication, where are the uploaders getting the claim for "public domain" that pertains to United States Copyright Law?

My conclusion: Claims of "Public Domain in Poland" and current copyright status in the United States are still disputed due to lack of definite cited reliable and verifiable sources to establish such facts of a date or dates of publication and the actual sources used by the uploaders. --NYScholar (talk) 02:55, 6 September 2008 (UTC)

My conclusion: No clearcut evidence of "permission" to upload this (and other similarly-derived images from Websites/blogs) to Wikipedia Commons (or Wikipedia); the photographs which these images derive from were not taken by any of the uploaders themselves. They do not own the rights to these images. --NYScholar (talk) 02:58, 6 September 2008 (UTC) For evidence of the Wikipedia Foundation's requirement to adhere to United States copyright law, see Commons:General disclaimer, which cites its jurisdiction in the State of Florida, in the United States. Polish copyright law is not relevant in this jurisdiction pertaining to what constitutes intellectual (and artistic) properties considered in the "public domain." U.S. copyright law determines that; and, in keeping with U.S. copyright law, Wikipedia Media Policy determines requirements to be met (for either Wikipedia Commons or Wikipedia, depending on where the image is uploaded; currently in both places, with conflicting claims of public domain and fair use rationales).

My conclusion: Potential copyright violation/Potential copyright infringement. --03:04, 6 September 2008 (UTC)

Update of above comments pertaining to current deletion request

["To uploader: Please provide where and when the image was first published."]

See also unresolved issues re: copyright status in the U.S. and "public domain in Poland" and related notices in duplicate image in Wikipedia. Users should not delete previous discussion from this talk page. It is the context for the past and current deletion requests. See also: w:Wikipedia:Public domain: recent revisions to the project page based on edit warring about this image and related images have been reverted by another editor; discussion is on the talk page. This image is a duplicate version of an image in Wikipedia whose copyright status and public domain in Poland and public domain in the U.S. claims are still unresolved. When and where was this image first published? --NYScholar (talk) 14:47, 16 September 2008 (UTC)