User talk:GabrielVelasquez

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File:Tribble Biology.jpg[edit]

Pay attention to copyright
File:Tribble Biology.jpg 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.

The file you added has been deleted. If you believe that the deletion was not in accordance with policy, you may request undeletion.


Wikimedia Commons takes copyright violations very seriously and persistent violators will be blocked from editing.

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LX (talk, contribs) 08:02, 21 April 2018 (UTC)

Copyright violations[edit]

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Commons-emblem-hand.svg
Hello GabrielVelasquez.

It has come to our attention that you have uploaded several files that are copyright violations. You have done so despite requests from editors not to do so, and despite their instructions. See Commons:Licensing for the copyright policy on Wikimedia Commons. You may also find Commons:Copyright rules by subject matter useful.

This is your last warning. Continuing to upload copyright violations will result in your account being blocked. Please leave me a message if you have further questions.

LX (talk, contribs) 08:03, 21 April 2018 (UTC)

Firstly, the image was edited and not the same. So how much editing to an image is required before it is not considered the same and not a violation?
Secondly, Final Warning?! What are you talking about, what several violations? I haven't been here in years! Where is the list of these violations? GabrielVelasquez (talk) 09:14, 22 April 2018 (UTC)
You don't become the sole author and copyright holder of someone else's work by editing it. You cannot publish a derivative work of someone else's work without their consent, and you certainly can't claim to be the sole author and copyright holder when their contributions are the only ones original enough to merit copyright protection.
Perhaps you've forgotten about the copyright violations that you've been warned about, but the history of this page doesn't disappear just because you blank out the warnings. A significant share of the files you've uploaded have had to be deleted because they were copyright violations. You've had more than eight years to figure out the rules of this site, and you're still uploading copyright violations. A warning is in order, and you might consider yourself lucky that it is just a warning.
Please respect my request to keep discussions where they started, as this makes conversations easier to follow. I am watching this page, so I will see responses made here. LX (talk, contribs) 11:20, 22 April 2018 (UTC)
You didn't answer my first question. I can draw that same image as if I traced it, and if it looks the same to you, even though I drew it, you would block me. So you have to clarify, how close can the images be? Also that log you list that has so many deleted images, the "significant share" that were deleted were because I wanted them deleted and I got them deleted, and the percentage doesn't look that significant to me, I think you are exaggerating. And, that banner you posted says to message you on your talkpage, in case you didn't read it. Also, as I went looking for a copyright holder, how is this site (a wikia no less) able to claim fair use with fair use rules under United States copyright law? http://memory-beta.wikia.com/wiki/File:Tribble_anatomy_diagram_(labeled).jpg GabrielVelasquez (talk) 17:49, 22 April 2018 (UTC)
The answer to your question is that if you use someone else's copyrighted work to create a derivative work that incorporates any part of their original expression in any way, and you upload it here without their permission, you are violating their copyright. It doesn't matter if you copy it, photograph it, trace it or make a drawing of it.
As for what share of copyright violations you deem acceptable to upload (you're two for two with your last uploads), it would be better if you'd just heed the warning and accept that the correct answer is 0. That way you won't have a problem. LX (talk, contribs) 19:41, 22 April 2018 (UTC)
For the record, some of what you have listed as equating to derivative work that infringes on copyright is very subjective. I've moved passed derivative work, and you seem to be still mentioning it simply to be threatening: If I make a drawing of a Tribble and you think it looks too much like someone elses Tribble drawing you're going to block me. At that point it just seems then you're looking for an excuse to block me. GabrielVelasquez (talk) 06:24, 23 April 2018 (UTC)
If your drawing is made completely independent of anyone else's work, then there is no problem. That was clearly not the case with this image. LX (talk, contribs) 07:04, 23 April 2018 (UTC)

A drawing of a fictional creature that is from a preexisting science-fiction universe has to have a reference point, therefore it can't be completely independent of everything. What do you consider dependant then? GabrielVelasquez (talk) 21:17, 24 April 2018 (UTC)

If you depend on someone else's work to create yours, it is not independent. LX (talk, contribs) 17:35, 25 April 2018 (UTC)
That sounds even more subjective that what you said before, and it's not what I asked, you're almost playing semantics to find an excuse to block me if you can find any thread of a link to anything, basically. So what you consider dependent is everything you can point to that looks like that image, even if the image is created from a description, that is independent of any other drawings.
Also, as I went looking for a copyright holder, how is this site (a wikia no less) able to claim fair use with fair use rules under United States copyright law? http://memory-beta.wikia.com/wiki/File:Tribble_anatomy_diagram_(labeled).jpg GabrielVelasquez (talk) 05:06, 29 April 2018 (UTC)
It's actually less subjective than what you asked. You asked what I consider dependent, but the answer I gave is the principle applied by the courts; see, for example, wikisource:Feist Publications v. Rural Telephone Service/Opinion of the Court#A.
As for fair use, see Commons:Fair use and note the text in the big box with the red frame. I'll also note that your upload was not under a claim of fair use, but under a claim of sole authorship. LX (talk, contribs) 09:45, 29 April 2018 (UTC)