Commons:Undeletion requests

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On this page, users can ask for a deleted page or file (hereafter, "file") to be restored. Users can comment on requests by leaving remarks such as keep deleted or undelete along with their reasoning.

This page is not part of Wikipedia. This page is about the content of Wikimedia Commons, a repository of free media files used by Wikipedia and other Wikimedia projects. Wikimedia Commons does not host encyclopedia articles. To request undeletion of an article or other content which was deleted from the English Wikipedia edition, see the deletion review page on that project.

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Commons deletion (policy)

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159 copyvios • 7 duplicates • 1 advert • 39 others

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Finding out why a file was deleted

First, check the deletion log and find out why the file was deleted. Also use the What links here feature to see if there are any discussions linking to the deleted file. If you uploaded the file, see if there are any messages on your user talk page explaining the deletion. Secondly, please read the deletion policy, the project scope policy, and the licensing policy again to find out why the file might not be allowed on Commons.

If the reason given is not clear or you dispute it, you can contact the deleting administrator to ask them to explain or give them new evidence against the reason for deletion. You can also contact any other active administrator (perhaps one that speaks your native language)—most should be happy to help, and if a mistake had been made, rectify the situation.

Appealing a deletion

Deletions which are correct based on the current deletion, project scope and licensing policies will not be undone. Proposals to change the policies may be done on their talk pages.

If you believe the file in question was neither a copyright violation nor outside the current project scope:

• You may want to discuss with the administrator who deleted the file. You can ask the administrator for a detailed explanation or show evidence to support undeletion.
• If you do not wish to contact anyone directly, or if an individual administrator has declined undeletion, or if you want an opportunity for more people to participate in the discussion, you can request undeletion on this page.
• If the file was deleted for missing evidence of licensing permission from the copyright holder, please follow the procedure for submitting permission evidence. If you have already done that, there is no need to request undeletion here. If the submitted permission is in order, the file will be restored when the permission is processed. Please be patient, as this may take several weeks depending on the current workload and available volunteers.
• If some information is missing in the deleted image description, you may be asked some questions. It is generally expected that such questions are responded in the following 24 hours.

Temporary undeletion

Files may be temporarily undeleted either to assist an undeletion discussion of that file or to allow transfer to a project that permits fair use. Use the template {{Request temporary undeletion}} in the relevant undeletion request, and provide an explanation.

1. if the temporary undeletion is to assist discussion, explain why it would be useful for the discussion to undelete the file temporarily, or
2. if the temporary undeletion is to allow transfer to a fair use project, state which project you intend to transfer the file to and link to the project's fair use statement.

To assist discussion

Files may be temporarily undeleted to assist discussion if it is difficult for users to decide on whether an undeletion request should be granted without having access to the file. Where a description of the file or quotation from the file description page is sufficient, an administrator may provide this instead of granting the temporary undeletion request. Requests may be rejected if it is felt that the usefulness to the discussion is outweighed by other factors (such as restoring, even temporarily, files where there are substantial concerns relating to Commons:Photographs of identifiable people). Files temporarily undeleted to assist discussion will be deleted again after thirty days, or when the undeletion request is closed (whichever is sooner).

To allow transfer of fair use content to another project

Unlike English Wikipedia and a few other Wikimedia projects, Commons does not accept non-free content with reference to fair use provisions. If a deleted file meets the fair use requirements of another Wikimedia project, users can request temporary undeletion in order to transfer the file there. These requests can usually be handled speedily (without discussion). Files temporarily undeleted for transfer purposes will be deleted again after two days. When requesting temporary undeletion, please state which project you intend to transfer the file to and link to the project's fair use statement.

Projects that accept fair use

* Wikipedia: als | ar | bar | bn | be | be-tarask | ca | el | en | et | eo | fa | fi | fr | frr | he | hr | hy | id | is | it | ja | lb | lt | lv | mk | ms | pt | ro | ru | sl | sr | th | tr | tt | uk | vi | zh | +/− Wikinews: en | no | pl | +/− Wikibooks: en | it | +/− Wikisource: fa | fr | +/− Wikiversity: en | +/− Wikivoyage: en | fa | fr | ru | zh | +/− Wikiquote (regarding images): he | +/− Note: This list might be outdated. For a more complete list, see meta:Non-free content (this page was last updated: March 2014.) Note also: Multiple projects (such as the ml, sa, and si Wikipedias) are listed there as "yes" without policy links.

Adding a request

First, ensure that you have attempted to find out why the file was deleted. Next, please read these instructions for how to write the request before proceeding to add it:

• Do not request undeletion of a file that has not been deleted.
• Do not post e-mail or telephone numbers to yourself or others.
• In the Subject: field, enter an appropriate subject. If you are requesting undeletion of a single file, a heading like [[:File:DeletedFile.jpg]] is advisable. (Remember the initial colon in the link.)
• Identify the file(s) for which you are requesting undeletion and provide image links (see above). If you don't know the exact name, give as much information as you can. Requests that fail to provide information about what is to be undeleted may be archived without further notice.
• State the reason(s) for the requested undeletion.
• Sign your request using four tilde characters (~~~~). If you have an account at Commons, log in first. If you were the one to upload the file in question, this can help administrators to identify it.

Add the request to the bottom of the page. Click here to open the page where you should add your request. Alternatively, you can click the "edit" link next to the current date below. Watch your request's section for updates.

Closing discussions

In general, discussions should be closed only by administrators.

Instructions for administrators

Use common sense. If, for example, a file was deleted for missing a source, and the requesting user is the photographer, the file can be undeleted without further discussion. If the user wishes to tag a file with a certain license, you can do that for them if you want to, or leave it to them to do it. However, it is important that you remove any speedy deletion templates from the file. In general, try to comply with the requests of well-intending users. Files can, for example, be undeleted for the requesting user to look at without the request itself having to be closed. The deleting administrator may undelete the file if compelled by the arguments or information provided. The deleting administrator may also participate in the discussion. The deleting administrator should, however, not close contentious requests as "Not done." When a debate is settled, close it with a remark such as "Not done" or "Undeleted" and add the template {{Udelh}} above the header and the template {{Udelf}} below your own comment. (The templates are short for "undelete header" and "footer.") Closed requests are automatically archived. When undeleting a file, reference the discussion (for example "Per https://commons.wikimedia.org/w/index.php?title=Commons:Undeletion_requests/Current_requests&oldid=nnnnnnnn#Heading"). Files temporarily undeleted for transfer purposes should be tagged with {{Temporarily undeleted|transfer=yes}}. This places them into Temporarily undeleted files, a subcategory of Candidates for deletion, and automatically nominates them for speedy deletion after two days. Files temporarily undeleted to assist discussion should be tagged with {{Temporarily undeleted}}. These are automatically nominated for speedy deletion after thirty days.

Archives

Closed undeletion debates are archived daily.

Current requests

File:Minskip 2 September 2023 (135).JPG and File:Minskip 2 September 2023 (17).JPG

The above files were deleted in error, due to a misunderstanding about British law and about the identity of the photographic subject. These deleted items were part of a now-resolved dispute about photographic copyright in the context of scarecrow festivals in the United Kingdom. The dispute has now been resolved and fully explained at great length here: Commons:Deletion requests/Files uploaded by Storye book. You will need to read through the latter discussion in order to fully understand the situation, but here is a very brief summary: Photographing scarecrow festivals in public-access places in the UK, and publishing such photos on Commons, is legal in the UK.

Re toys:

• Objects which may look like toys in scarecrow festivals are not toys; their creators' intention is part of the scarecrow festival creation. Toys are defined normally as children's (or sometimes adults') playthings, but stuffed animals in scarecrow festivals are created as part of the scarecrow festival tableaux, e.g. farmers with sheep, Cruella de Ville with dogs, the Pied Piper with rats, and so on. The stuffed animals in scarecrow festivals are home made. They are not commercial objects, and that point matters in British courts. Also, British courts do not inflict punitive damages in copyright cases; it is the US punitive damages which give rise to the million-dollar damages awards that we hear about; that does not happen in UK courts.
• This matters in copyright law in the UK, because only the designer's printed pattern, and the designer's own (usually unique and single) hand-made example are copyrighted. home-crafters who buy designer's patterns for home craft purposes and make a stuffy have not made an object copyrighted by the designer. I know that because I am a knitting pattern designer myself. The language and photographs in my written designs, and my own hand-made examples, are under my own copyright, as are my own photos of my own work. But my customers' creations are not under my copyright at all. No designer would want that, partly because no customer is going to make it in exactly the same way, but mostly because a lot of customers make an embarrassingly awful job of the sewing-up. As far as I am aware, no case has ever been brought to court by a home crafter who has knitted from a knitting pattern using e.g. a new colour, and then their neighbour has knitted from the same design and used the same new colour, etc. etc. Storye book (talk) 11:08, 9 June 2024 (UTC)

Related DRs: Commons:Deletion requests/File:Minskip 2 September 2023 (135).JPG and Commons:Deletion requests/File:Minskip 2 September 2023 (17).JPG. Yann (talk) 11:32, 9 June 2024 (UTC)

 Oppose These are copyrighted in the UK and the USA. The facts that they are plush and were made for a festival are irrelevant to the basic fact that they are created works of art and do not have a utilitarian use and therefore are copyrighted in both countries. The fact that no case has been brought or that the UK courts do not award substantial damages are also irrelevant. The fact that they are not commercial objects is also irrelevant.

The 1988 Copyright Act is quite clear:

1 (1) Copyright is a property right which subsists in accordance with this Part in the following descriptions of work --

(a) original literary, dramatic, musical or artistic works,

(snip)

4 (1) In this Part "artistic work" means --

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality

(b) ...

(c) a work of artistic craftsmanship.

One might argue whether these are sculptures or works of artistic craftsmanship, but it is clear they are one or the other, or both. Note that there is no requirement that they be commercial works or, indeed, that they have any artistic quality.

Therefore, we cannot keep images of them on Commons without the explicit permission of the creator. .     Jim . . . (Jameslwoodward) (talk to me) 16:49, 9 June 2024 (UTC)

Jim, we have already been through this, and you lost the case (see above link to discussion). I have discussed this with the relevant solicitors, as I described on the abovementioned discussion. British courts do not define works of art and they do not define artists, because the definition of art is a moot point. You are wasting your time talking about art, artists and sculpture.

It is intention which is taken into consideration in British courts. The intention here is to create a temporary tableau for the scarecrow festival, and these items were part of a tableau of silly non-artistic objects made of clumsy bags of straw and intended for imminent destruction. The non-commercial aspect does matter, because in British courts on this subject, it is the potential gain or loss of money which is quantifiable, and it is that which is taken into consideration. Thus, if the items had been made for sale (which they have not), there would have been potential for quantifiable gain or loss (which there is not). Unlike in the US, British courts do not inflict punitive damages, as I have said above. Therefore there would be no basis for a court case regarding my photography of these scarecrow tableau objects.

When these photographs were deleted, that was the point of loss for the villagers who made the objects, because they no longer had access to photographs of their now-destroyed works. If the photographs were still available online, they could still be using those same photographs to advertise the next scarecrow festival, and they could still be using those photographs for their own records.

I strongly recommend that from now on you save your efforts for matters regarding US law, and leave British law to those who are in the know. It is obvious that the objects in the photograph are not graphic works or collages. We have already established in discussion that a scarecrow is not, and never can be, a sculpture. Please now step back and let others discuss this. Storye book (talk) 17:19, 9 June 2024 (UTC)

 Oppose Wikimedia Commons is hosted in the United States, and files hosted here must be allowed to be used by anyone for any purpose. These objects are copyrighted, it does not matter one whit if the objects are non-commercial or not, there are works that has been fixed in a tangible medium of creative expression. Since the display is not permanent, they don't benefit from FOP. Abzeronow (talk) 19:21, 9 June 2024 (UTC)

Please don't be condescending -- it just makes the target angry and doesn't get you anywhere. I think you are wrong on British law as these are clearly artistic works, but the point is moot. It is perfectly clear that they have a copyright in the USA and therefore the images cannot be kept here. .     Jim . . . (Jameslwoodward) (talk to me) 19:46, 9 June 2024 (UTC)

They are not copyright in the USA as the objects are traditional effigies, which in this case are not sculptures. That means that they are utilitarian. Effigies can be scarecrows in a field, which are utilitarian as bird-scarers. They can be guys in British Fireworks Night, where they are children's money-raisers for the purchase of fireworks, or (at Lewes, for example) dressed up to mock famous people. Traditionally, they were used in dimity rides, as described in Hardy's Mayor of Casterbridge, where (again) they were dressed up to mock or embarrass people who had committed a social faux pas. They can be voodoo dolls, i.e. symbols of enemies, which some people used to stick pins in, in the hope that the enemy would feel pain. These examples are all utilitarian, in that they are used to symbolise something, for some further purpose, In the case of festival scarecrows, they bring the inhabitants of a village together for fun, and are used to attract visitors who may then pay money for charity, for a trail map, and usually also for tea and snacks. As for the art, that is in my ph9togrpahy. There is no Commons rule demanding the deletion of photographs such as this File:Rababou 2006.jpg, and I would like to know how my photos of festival scarecrows are a different case from that photograph (and all the other thousands of photographs like it, on Commons). Storye book (talk) 08:30, 10 June 2024 (UTC)

 Comment To me, these two files differ from some of the original effigies mentioned because they apparently utilise toys that have copyright, rather than creations that in themselves would appear not to cause copyright that the requestor identifies. The images mentioned both have clearly identifiable toys that are not de minimis and while may be effigies still essentially look like shop-bought toys, and there is no clear evidence that they are not shop-bought (PCP).  — billinghurst sDrewth 22:32, 16 June 2024 (UTC)

@Billinghurst: I cannot see the pictures because they have been deleted. I uploaded hundreds of festival scarecrow pictures, as you know. Are they dalmatians (white dogs with black spots) or are they the weird stylised yellow and black bees out of the Winnie the Pooh story? If they are the dalmatians, then I accept that you cannot see whether they are shop bought or not, although I can, because I used to make them when I was a child. If they are the bees, then they are definitely hand made for one of the festival tableaux - the bees are far too scruffy and far too large to be toys (bigger than a toddler). One of the bees, if it is a re-used commercial item, then it was almost certainly made as a footstool, being very roughly hemispherical and about 1.5ft long and about a foot high - so never a toy. If they are something else, then please tell me. Thank you. Storye book (talk) 08:46, 17 June 2024 (UTC)

@Storye book: The first is a "bee", the second is of two white with black spots dogs. Yann (talk) 09:00, 17 June 2024 (UTC)

Thank you, Yann. Then, in that case, the bee is definitely an exhibition item made for that purpose. I really don't see how it can be seen as a toy. Too big, too scruffy, unsaleable as a toy. The bee with the scary mouth is 2-3 feet long, and would be unsuitable and unsafe for toddler handling, anyway, and the hemispherical one is almost certainly made as a footstool. As for Disney copyright, well, Disney lost copyright for Winnie the Pooh some time ago. That fact was reported in the Guardian newspaper. Storye book (talk) 09:39, 17 June 2024 (UTC)

It doesn't matter whether it can be used as a toy or not -- and some toys are very big, and toys are not limited to toddlers. It also doesn't matter whether is was a one-off made by an individual or one of hundreds coming out of a factory and sold in shops. It has a US copyright as a sculpture and almost certainly a UK copyright as well, notwithstanding the claims above. .     Jim . . . (Jameslwoodward) (talk to me) 14:50, 19 June 2024 (UTC)

It has now been established in another deletion request started by you here, that UK courts do not recognise artistic identity as a legal argument in copyright cases, and that scarecrow festival exhibits are not sculptures. These items at issue here do not have US copyrights; this is a UK issue, whether this is a US platform or not. Regarding the existing perspective of this US platform: if British photographs taken in the UK under UK laws are not subject to US laws (which they are not) then we have to deal with this under UK law. If our photographs were really subject only to US law, then this platform would not be taking into account our 70-years-deceased law for creative copyright of 2D artworks (which it does), or our Freedom of Panorama (which it does). Storye book (talk) 15:11, 19 June 2024 (UTC)

You have made those claims in other deletion requests. British photographs taken in the UK under UK laws are subject to US laws in the US, and have been for over a hundred years, a point only emphasized by the US signature of the Berne Convention that the UK was one of the founding creators of. Commons also pays attention to UK law for UK photographs; it's not just one or the other. COM:L says "Wikimedia Commons only accepts media ... that are in the public domain in at least the United States and in the source country of the work." (Italics in the original.) While this is a rule often ignored, it's still a rule. Freedom of panorama is a whole different can of worms.--Prosfilaes (talk) 15:10, 23 June 2024 (UTC)

I agree with that, Prosfilaes. I was only replying in general terms to a distracting comment by another editor. The point here is that the bees at issue here are not definable as toys in any country, because they were not made as toys, and cannot be used as toys. They are filled with unhygienic straw, for a start, and would quickly break apart, which is why festival scarecrows in the UK are routinely destroyed or dismantled within days of creation. If you try to overwinter them in the garden shed, they fill with insects and other wildlife due to the straw content. The 2024 BBC Springwatch programme featured one of them which was overwintered in a shed, and by spring it had acquired a robin's nest in its head, complete with eggs and sitting robin. Also, because Disney has lost copyright to Winnie the Pooh, the bees in that Winnie the Pooh tableau are not affected by Disney copyright. That is the information that pertains to the bee picture, according to the law in both countries. Storye book (talk) 15:26, 23 June 2024 (UTC)

Again, whether or not they are toys is completely irrelevant, as is whether or not they are derivative works of a movie character. Each of them certainly has its own USA copyright as a sculpture and, notwithstanding the claims made here, almost certainly has a UK copyright as well. This is black letter law folks -- this should have been closed a long while ago. .     Jim . . . (Jameslwoodward) (talk to me) 16:07, 23 June 2024 (UTC)

You have already been told by a number of people that festival scarecrows are not sculptures. Storye book (talk) 16:20, 23 June 2024 (UTC)

And again, you make that claim without any evidence. The copyright rules are very broadly interpreted -- a computer program is "literature" and sculptures made of butter, ice, and sand, as well as more traditional media all have copyrights. Why, somehow, does a festival scarecrow not have one? .     Jim . . . (Jameslwoodward) (talk to me) 13:45, 24 June 2024 (UTC)

Yes, I agree that certain people do interpret copyright rules broadly. But in law, words do have to be defined.

For example: toys. Toys are defined as human-designed objects originally intended as toys. Thus a plastic water pistol in the shape of a gun is a toy gun, but a real gun is not a toy. If a toddler takes his mother's real gun out of her handbag (purse) and has fun playing with it and ends up shooting her with it (as has happened, sadly), the real gun has been misused as a plaything but has never been a toy. From that we can see that an object used as a plaything but originally intended for another purpose is not a toy as defined in law. The manufacturer of the deceased mother's gun will not be prosecuted for creating a lethal toy.

Similarly, if a villager creates a straw-stuffed scarecrow bee for their scarecrow-festival tableau, the bee is an effigy for temporary exhibition purposes. It is not a toy (even if the kid next door grabs it and kicks it around as a football) and it is not a sculpture, because it was not designed as a toy or sculpture.

The law in the UK and the US both take original intention into consideration. Killing is a good example of intention being taken into consideration. The serial killer with his known modus operandi (MO) and his car-full of gaffer tape, poisons, ropes, hunting knives and guns may fairly be accused of intention to kill. But the horrified mother who has accidentally backed her car over her child when witnesses confirm that she believed the child was inside the house, is unlikely to be accused of intention to kill.

Therefore, to answer your question, if a sculptor creates an ice sculpture for the ice festival in Ottawa, then that is his intention, and that is a sculpture. If a kid plays with the food on his plate and temporarily makes it look like a face, before eating it, it is not a sculpture. That is because the sculptor is intending to made a sculpture, but the kid is using his food as a plaything, or as a way of winding up his mother. Regarding the issue here, if a villager makes a scarecrow effigy, that scarecrow by definition is supposed to be a badly-made effigy because that is what a scarecrow is. The whole point of a scarecrow is that it is not intended to be a sculpture or any other kind of art, and it is certainly not intended to be a toy. Storye book (talk) 08:21, 25 June 2024 (UTC)

And again, you keep making the claim that they are not sculptures, but have not and cannot cite either statute or case law to prove your point. Carl would you comment here? .     Jim . . . (Jameslwoodward) (talk to me) 13:26, 25 June 2024 (UTC)

I don't know any written law which cites what things are not. There would be an infinite list of nots if they tried. Anyway, aren't you bringing this discussion off the point? The above two files were deleted on the grounds of being toys. Any argument for deletion or undeletion of those files ought to be about that. Storye book (talk) 08:52, 26 June 2024 (UTC)

There's no point in undeleting something to just start a DR on it, so we have to look at the whole picture. In general, toys fall under sculpture in copyright law, because copyright law is pretty general. I don't see any reason why these wouldn't fall under sculpture as well, as three dimensional constructions for artistic purposes.--Prosfilaes (talk) 09:54, 7 July 2024 (UTC)

@Prosfilaes: Your "whole picture" is not the whole picture. I accept that the dalmatian dog picture can be mistaken for toys, although they were not made for that purpose. I accept that that one may remain deleted. I have already said that. But the bees are very large, and if you were there you would have seen that they are scruffy bags of straw and totally unusable as toys. They were never intended as toys, sculptures or any kind of artworks. They were intended as destructible scarecrows. A scarecrow by definition is an object carelessly thrown together as a temporary effigy. The whole point of them is that they are not an artwork, and are intended as a non-artwork. It is the camera work which is artistic. The real problem that we have in this discussion is that only one or two people have been able to see the original pictures. So all those who have not seen the original pictues are talking out of their hats. I repeat, the dogs can possibly be mistaken as toys, fair enough (if that is the picture that I think it is?). But the bees cannot be mistaken as toys. I did not photograph any bees which look like toys, or which could be used as playthings. You couldn't even kick them around the yard, because they would fall apart. Storye book (talk) 14:52, 7 July 2024 (UTC)

Forget about toys. They're sculptures. If a kid plays with the food on his plate and temporarily makes it look like a face, it's sculpture. It might not qualify for copyright under the “perceived, reproduced, or otherwise communicated for a period of more than a transitory duration” rule, but the US Copyright Office specifically lists "Edible materials, such as a molded chocolate rabbit or a frosting design on a cake" as eligible, right below "“Soft sculptures,” such as stuffed animals and puppets" Compendium of Copyright Practices (section 704). Note there's no section about toys; section 910 is called "Games, Toys, Dolls, Stuffed Animals, and Puppets" and starts "This Section discusses certain issues that commonly arise with toys, dolls, stuffed animals, puppets, and other sculptural works." When you build something and put it on display as an effigy, it likely falls under the category of sculpture, provided there was human input and it's not a useful item.--Prosfilaes (talk) 20:11, 7 July 2024 (UTC)

The word "likely" is significant, then. It means that the subject is up for doubt and discussion. Also, please explain to me why only my photographs have been targeted for deletion, and why only my photographs have been targeted now. It is illogical to say that only the photographs at issue in this discussion matter, and it is illogical in the context that none of the thousands of other effigy and scarecrow pictures on WP (which to my knowledge have never been disputed since WP started) have been targeted for deletion. Therefore this discussion gives the impression that my work on scarecrows is being targeted for vexatious reasons.

That leads me to wonder why you are discussing this without showing us what you are discussing. If you were to reveal the bees picture, your statements about toys and sculpture would be less convincing.

It is not the case that WP respects only US law when judging copyright violation on Commons. If you believed that US law overrides UK law in all cases, then you would not have allowed UK panoramafreiheit, and you would not have allowed the UK's 70-year death rule. UK courts do not inflict punitive damages. Judgements on copyright cases in the UK consider only specific financial losses, which are quantitative. That is to say, if an advertiser were to use my photographs of a scarecrow to make money, then the judgement would be about any moneys that the scarecrow-creator could have made with the scarecrow, but cannot make due to advertiser-behaviour. Because these scarecrows are in themselves non-commercial, then it is doubtvul whether any scarecrow-creator could ever have made money which amounts to more than court costs. Also, UK courts do not define art, artists or sculpture because art is a moot point, which can never be resolved and is not quantifiable like money. That is why I am disputing your arguments. Storye book (talk) 08:02, 8 July 2024 (UTC)

File:Gyro is a mouse.gif‬

The file Gyro is a mouse.gif‬ was unjustly deleted due to a misunderstanding of the source of that gif. I recorded this gif myself, to use on a YouTube video, here. later I made a text version of the video on Reddit (here) where I used the original recordings and editing to create gifs for the text version.

The user HilariousCow on X (previously known as Twitter), saved one of my gifs and posted it on his account (here). At the time he even credited me and my work, here. After talking to him about the deletion request, he promptly reiterated that this gif was mine: here.

and I still have the original unedited recording on my hard drive.

--FlickStick Videos (talk) 15:12, 1 July 2024 (UTC)

 Oppose If a work has been published elsewhere without evidence of free license prior to its upload to Commons the policy requires that its copyright holder needs to follow VRT instructions in order to grant a license. Own work declaration cannot be used in such cases. There is no free license on X and publication there is 5 months earlier. Ankry (talk) 09:20, 13 July 2024 (UTC)

File:Statue of King Sejong (4273003660).jpg

I am writing to request the undeletion of the file "File:Statue of King Sejong (4273003660).jpg" on the following grounds:

• Implicit Permission for This Specific Derivative Work: The South Korean government owns both the statue and photograph. By releasing the photograph of the statue under the CC BY-SA 2.0 license, it has granted implicit permission to itself for this specific derivative work (the photograph). This permission covers the commercial use of this particular image, not necessarily the statue in general.

• Explicit License of the Photograph: The CC BY-SA 2.0 license explicitly allows for commercial use of the photograph. Since the government controls both the statue and the photograph, the release of the photograph under this license implies consent for its commercial use, specifically for this image.

• Redundancy of FoP Argument: Given that the government has the authority to license both the photograph and the statue, and has chosen to do so for this specific image, the need for Freedom of Panorama provisions is sidestepped. The implicit permissions granted for this derivative work should suffice to meet Wikimedia Commons’ licensing requirements.

In light that FoP was the original grounds for deletion, which does not apply when a specific derivative license has been obtained, I respectfully request the undeletion of the file "File:Statue of King Sejong (4273003660).jpg" The permissions implied by the South Korean government for this specific photograph should allow for its inclusion on Wikimedia Commons under the specified license. It is one of the few photos released by the government that has the commercial use provision.

Many thanks,

--Nonabelian (talk) 21:48, 2 July 2024 (UTC)

Can't access the third article, but from the reading of the two articles by Korea Times, these talk about the government building the statue. There is no mention of anything that states the sculptor has waived his copyright on the sculpture. Though I will ping to Korean-speaking users here for added comments @Explicit and Ox1997cow: . JWilz12345 (Talk|Contrib's.) 00:49, 3 July 2024 (UTC)

@Nonabelian you must provide a proof that a contract existed between the government and the sculptor that mandated the latter to waive all of his copyrights. Article 24-2(1) of the copyright law states (with emphasis): A work produced as part of official duties and already made public by the State or a local government, or a work of which the author's economic right is owned in its entirety by the State or a local government under a contract, may be used without permission. It is the uploader's responsibility (per COM:EVIDENCE) to provide a copy of such contract; in this case, between the government and the sculptor. JWilz12345 ('|Contrib's.) 02:14, 3 July 2024 (UTC)

@JWilz12345. Thanks for responding. The sculptor is Kim Young-won and has explicitly transferred the copyright of the King Sejong statue to the Seoul Metropolitan Government. This transfer includes all rights to control the reproduction and commercial use of the statue. The transfer contract is documented by local news sources and the current licensing agency. I hope this helps. Nonabelian (talk) 06:58, 3 July 2024 (UTC)

@Nonabelian there's a problem. The public monument does not appear to be in public domain, even under government ownership. In the fifth source you presented, a part states (translated to English): "The city announced on the 4th that it had decided to entrust the management of the copyrights of the two statues to the Korea Database Agency (KDB), an organization under the Ministry of Culture, Sports and Tourism. Accordingly, in the future, if you wish to use the two statues for commercial purposes or to take pictures of works for sale, you must consult with KDB and obtain permission to use them. There are no restrictions on personal commemorative photos.

More parts of the article explain the rationale of having the need to secure permission for commercial uses of the images of the public monument: donation of the proceeds collected from the users. In effect, I doubt it is "legally safe" to restore images of this copyrighted public monument, at least this Flickr import from KOREA.NET Flickr page, allegedly the "official page of the Republic of Korea". Are the administrators behind KOREA.NET Flickr uploader the same as the people within the current copyright holder, the Korea Database Agency (KDB), or the Ministry of Culture, Sports and Tourism? Did KOREA.NET had the legal licensing authorization from KDB or the ministry? The sources you provided are convincing but opened more questions.

It has been normal for many freely-licensed Korean government images to incorporate copyrighted buildings and monuments, to the extent contradicting with the original licensing contracts and with their very own copyright law itself that prohibits commercial uses of their public monuments under copyright protection. JWilz12345 (Talk|Contrib's.) 07:16, 3 July 2024 (UTC)

@JWilz12345 Thanks once more for continuing to look at this. The Flickr account, KOREA.NET, is run by the Korean Culture and Information Service (KOCIS) of the Ministry of Culture, Sports and Tourism. Similarly, as you point out, the Korea Database Agency (KDB) is also an organization under the Ministry of Culture, Sports and Tourism. i.e. both the specific derivative photo and the licensing of the statue in general are run by the same branch of the Korean government. I hope this will suffice to show there is no issue with this particular photo. Nonabelian (talk) 08:06, 3 July 2024 (UTC)

@Nonabelian as you said, KDB is under the Ministry of Culture. But similarly, KOREA.NET is under KOCIS of the same ministry. It seems both KDB and KOCIS are different "sub-agencies" or branches under the ministry, yet sources claim the sole licensing holder for the monument is KDB. Does the licensing right of KDB extends to KOCIS? JWilz12345 (Talk|Contrib's.) 09:11, 3 July 2024 (UTC)

@JWilz12345: I believe it does, yes. Licensing was managed by KDB via their 'Public Copyright Creative Resource Project' (ALRIGHT) system. However, in 2013 the 'Public Copyright Creative Resource Project' was transferred from the KDB (of the Ministry of Culture, Sports and Tourism) to the Korea Culture Information Service Agency (of the Ministry of Culture, Sports and Tourism). Consequently, the public copyright trust management services previously provided by KDB were terminated. I don't think this should matter however: the Ministry of Culture, Sports and Tourism, which controls all of the departments we are talking about here, looks to have special privileges for issuing licenses for public copyrighted works under Article 2-2 and 105 of the Copyright Act. This alignment of government departments, ministries and statute indicates consistency in the authorization process. If the Ministry of Culture, Sports and Tourism issues a photo under CC BY-SA 2.0 of a statue for which it also manages the copyright for, it is legally permissible to use. Nonabelian (talk) 14:31, 3 July 2024 (UTC)

@Nonabelian there is one more problem here. The KOCIS image was uploaded to Flickr in 2010, during the time when KDB was the sole copyright license holder. The copyright license holder-ship was transferred to the Ministry itself three years later. Is the licensing by KOCIS valid, even if they were not the license holder way back in 2010 (upload date), just because of being a sister "sub-agency" of the Ministry?

And final question, will that free license from KOCIS be honored in Korean and U.S. courts? Suppose a U.S. user manufactured T-shirts bearing prints of the monument, using this Flickr import as the basis. Then the Ministry files a complaint in a U.S. court, claiming they used the monument without licensing permission; the re-user claims they used this Flickr image under a commercial CC license. As per {{Not-free-US-FOP}}, in most cases only sculptural monuments from countries with valid, commercial FoP can be hosted here, but this warning tag is highly-encouraged as the U.S. does not provide any FoP for such works, and U.S. courts may lean to U.S. laws instead of Korean or other foreign laws for decisions concerning sculptural monuments. It is more of a legal risk if the country does not provide commercial FoP in the first place. JWilz12345 (Talk|Contrib's.) 22:29, 3 July 2024 (UTC)

@JWilz12345: I appreciate you being willing to volunteer more time on this request. Here are my current thoughts on the points you’ve raised, which I hope adequately address any remaining concerns.

Timeline

• January 14, 2010: The Flickr photo was uploaded by the Korean Culture and Information Service (KOCIS), under the Ministry of Culture, Sports and Tourism (MCST), and initially licensed under CC BY-NC-ND 2.0 (viewable on the license history on Flickr). This is a non-commercial license consistent with Article 35 of the Copyright Act.
• May 26, 2011: The Seoul Metropolitan Government acquired full copyright interest in the statue, with the original sculptor waiving his rights. Photos can now be freely licensed as per Article 24-2 of the Copyright Act, covering public works and has no commercial use restrictions.
• December 4, 2011: The statue was registered with the Korean Copyright Commission, transferring copyright management to the Korea Database Agency (KDB) also under the MCST per Article 105. Given this, Article 24-2 §1.4 applies, now restricting free images without permission, but §3 still allows state/local governments to continue to license images freely for any necessary purposes, ensuring continuity for the Flickr photo.
• July 1, 2013: Copyright duties for public works were transferred from KDB to another department of MCST, under Article 105. MCST's statutory authority under Article 2-2 ensures it is entitled to do this.
• March 20, 2014: KOCIS of the MCST changed the Flickr photo's license to CC BY-SA 2.0, a free license that allows commercial use, as it is entitled to do so under Article 24-2 §3. This would be consistent with its stated aim to promote Korea to the widest possible foreign audience (Article 24-2 §2).

As previously noted, I don’t believe the specifics of the departments within MCST are crucial. MCST’s overarching statutory authority has ensured a consistent and legally sound licensing continuity. In any case, state and local government branches have the statutory authority to issue a free photo of a copyrighted public work as per Article 24-2 §3.

Potential Future Disputes

Now let’s turn our attention to your example of the US-based T-Shirt manufacturer who prints the photo for sale in the US.

• Jurisdiction and Creative Commons Licenses: To my knowledge, Creative Commons licenses do not specify a specific jurisdiction for dispute resolution. Both Korea and the US are members of international agreements like the Berne Convention, WTO, WIPO, and have signed the KORUS FTA, which should provide a comprehensive framework for copyright disputes. Both countries have independent judiciaries from their governments.
• Hosting and Legal Framework: Flickr, where the photo is hosted, operates under US jurisdiction, and its terms of service state that disputes will be arbitrated under California law. This means any issues related to the photo’s licensing on Flickr would likely be subject to US legal principles and arbitration processes.
• MCST’s Role as Licensing Authority: The Ministry of Culture, Sports, and Tourism (MCST) re-uploaded the photo to Flickr under a CC BY-SA 2.0 license, which allows for commercial use. Given that MCST controlled the copyright at this point and has explicitly licensed the photo under these terms, the license is legally binding and irrevocable under Creative Commons guidelines. Notably, this specific license applies only to the photograph, not the statue in general (it does not rely on FoP in any way), and doing this is within MCST’s authority under Article 24-2 §3 of the Korean Copyright Act.
• Dispute Outcomes: Courts in both Korea and the US are likely to uphold the terms of the Creative Commons license, acknowledging the good faith in which the license was granted. Should MCST attempt to rescind the license or claim a mistake, courts in both Korea and the US would likely reject such claims, reinforcing the irrevocability of the Creative Commons license once granted.
• Departmental Consistency: Despite the previously mentioned administrative changes in which department manages the copyright, MCST has retained overarching authority to issue licenses for public copyrighted works throughout, ensuring consistency in this licensing process.
• Practical Implications: If a dispute arose, courts would likely defer to the terms of the Creative Commons license and the principles of the Berne Convention, ensuring the photo’s continued use under the CC BY-SA 2.0 license. This would mean that any commercial use by the US-based T-Shirt manufacturer is legally permissible.

Conclusion

In conclusion, the combined effect of international agreements, the irrevocable nature of Creative Commons licenses, and the administrative consistency within the Ministry of Culture, Sports and Tourism supports the argument that the photo is legally usable under its current license. Courts in both Korea and the US jurisdictions would likely enforce this.

• Final Point on {{Not-free-US-FOP}} - If I have understood correctly, this is used when a photo has been obtained by FoP of a copyrighted work? FoP is an exemption to obtaining a license and has not been used here. The photo is a specific, properly licensed, separate derivative work (a photo) that is owned and controlled by the same organization that controls the copyright for the statue. Thus, no FoP claim is needed for the derivative work in question here. Nonabelian (talk) 14:36, 4 July 2024 (UTC)

@Nonabelian I'll wait for the response of the two Korean-speaking users that I pinged above (one of them, Explicit, is an admin here). JWilz12345 (Talk|Contrib's.) 15:32, 4 July 2024 (UTC)

@JWilz12345: Seems sensible. I'll look to tidy up the referencing here if I get a spare moment. Nonabelian (talk) 20:47, 4 July 2024 (UTC)

References

File:WEAU 13 2023.svg

Deleted by mistake; per User:Royalbroil: "Every part of the logo is either a simple geometric shape (ovals / rectangles) or letters." Mvcg66b3r (talk) 05:17, 6 July 2024 (UTC)

 Support undeletion as it is most likely below US ToO. But pinging also @Krd and Kadı: for comments. Ankry (talk) 11:49, 6 July 2024 (UTC)

 Support per my March 2024 opinion on the deletion discussion as quoted in the request. It is 100% geometric shapes and text - with no originality. Royalbroil 13:45, 6 July 2024 (UTC)

 Support peer above AbchyZa22 (talk) 14:02, 6 July 2024 (UTC)

Weak  Oppose: This seems complex enough for a copyright, but more opinions needed. Yann (talk) 12:33, 7 July 2024 (UTC)

Weak  Support Comparing it to the examples at Commons:Copyright_rules_by_territory/United_States/en#Threshold_of_originality, it seems to me that if is below the ToO illustrated there. It's a close call, though. .     Jim . . . (Jameslwoodward) (talk to me) 16:22, 10 July 2024 (UTC)

File:Aoitrelliaskye.png

Please undelete this one, it were used to illustrate furries on Vikidia and now it's gone... --LeNuzlockeur (talk) 18:44, 6 July 2024 (UTC)

@LeNuzlockeur: there are many, many pictures of furries on Commons. An COM:INUSE file should almost never be deleted but this seems rather trivial and can be fixed without filing an undeletion request Dronebogus (talk) 09:13, 8 July 2024 (UTC)

 Info per Commons Delinker logs the file was not used while deleted. If it is needed for an existing article, more detailed information should be provided: which article exactly and why other files do not fit the requirements. Ankry (talk) 09:32, 13 July 2024 (UTC)

File:Driving Her Home by voltmop.png

Please restore the following pages:

• File:Driving Her Home by voltmop.png (edit · last · history · watch · unwatch · global usage · logs · purge · w · search · links · DR · del · undel · Delinker log)

Reason: The file is educationally useful, has a clear composition without artifacts or other fidelity issues, and all evidence points to it being the original work of the DeviantArt user who uploaded the original file.

For previous arguments I have made on the educational utility and quality of the image, see the deletion request. For some previous arguments as to evidence that the file is original work and not license laundered, see my previous direct request for undeletion to the closing admin. If other editor's share the deleting admin's concerns about license laundering in forms I have not previously addressed, I can present evidence I believe rebuts them as well.

Notifying the other users who participated in the original deletion discussion: @Kelly The Angel, @Dronebogus, @Jameslwoodward. —The Editor's Apprentice (Talk) 19:22, 6 July 2024 (UTC)

 Support undeletion I see no adequate evidence of license laundering presented at the DR. Seems like admin supervoting. If User:Jameslwoodward has irrefutable evidence to present I’d like to see it. Otherwise it needs to be reopened as a premature close or closed as keep for one support vote after several weeks Dronebogus (talk) 09:10, 8 July 2024 (UTC)

File:2020.02.15 교차로 압구정 팬싸인회 엄지 (8).jpg

[1] It wasn't restored because it wasn't mentioned in the discussion! YeBoy371 (talk) 08:00, 10 July 2024 (UTC)

File:Manpukuji_Jushoku_Rekidaifu.jpg

wikimedia御中 私は私が次に示すファイルとその中に描写された作品の両方の作成者または排他的著作権の所有者、 一般社団法人板垣退助先生顕彰会の代理人であることを確約します。

• https://commons.wikimedia.org/wiki/File:Manpukuji_Jushoku_Rekidaifu.jpg

上記の画像削除の復帰を求めます。 私は上記の作品を{PD-Japan-organization}{PD-US-expired}の下で公表することに同意します。

1)上記作品の被写体に、他の人物の著作物が含まれる可能性があるとの理由で削除されましたが、 　当該の被写体の著作物の部分は江戸時代(Edo period)に、満福寺の僧侶によって書かれたものであり、 　筆記者の没後150年以上経過しているものであるため、著作権侵害には該当しません。

2)上記の{PD-Japan-organization}{PD-US-expired}となっているものを私が写真撮影したものになります。

以上が翻訳として、適正に意味を伝えられないまま削除がされた為、画像削除復帰願いを行います。

高岡　功太郎 一般社団法人板垣退助先生顕彰会の代表理事 Photo memories 1868 (talk) 11:26, 10 July 2024 (UTC)

• • 削除されたファイルについて。これは日本の但馬（現・兵庫県）の満福寺の歴史について書かれた本である。ページ右側の箇所は、1854年5月21日（（嘉永7年/安政元年）4月25日）、ページ左の最も新しい箇所でも1895年4月23日（明治28年旧暦3月29日）に書かれたことが明白であり、著者の著作権は満了している。この本を写真に撮ったのは私である。ゆえにどのような観点においても著作権を侵害していない。そのため、削除されたファイルの復元を希望する。Photo memories 1868 (talk) 11:50, 12 July 2024 (UTC)
• The subject seems to be a manuscript, not a printed book, so I do not think it can be considered published. However, it can be considered {{PD-old-assumed}} per above. I see no rationale to use {{PD-Japan-organization}}: is there anything here that has been published prior to 1967? I think, no doubt was raised according to uploader's authorship of the photo itself, it can be {{Own}}. As the image was used in ja:弘融, it is in scope.  Support undeletion. Ankry (talk) 11:06, 13 July 2024 (UTC)

File:Aurich, Lambertikirche (19).jpg, File:Aurich, Lambertikirche (18).jpg, File:Aurich, Lambertikirche (16) 2.jpg

No protected 1960 interior as krd errorously tells. Photographer is the organ builder himself, iirc. Discussion: Commons:Deletion requests/Files in Category:Pipe organ of Lambertikirche Aurich --Subbass1 (talk) 17:26, 12 July 2024 (UTC)

The DR Commons:Deletion requests/Files in Category:Pipe organ of Lambertikirche Aurich was closed on the statement that the pipe organ is protected. The architecture seemed to not be an issue. Abzeronow (talk) 17:49, 12 July 2024 (UTC)

As I wrote: Photographer is the organ builder himself, iirc. Besides that on commons an organ case is never protected and is shown thousands of times. --Subbass1 (talk) 17:52, 12 July 2024 (UTC)

• As noted in the DR, the problem here is not the organ itself, but the church architecture, which is modern and likely copyrighted.  Oppose unless we have a free license permission from the architect also or an evidence that the church architect died more than 70 years ago.

If the images are cropped / altered to show the organ only and the church architecture in the background / surroundings is not shown at all or minimized, the photos may be OK. Ankry (talk) 11:12, 13 July 2024 (UTC)

The church architecture is not "modern". Try reading the german Wikipedia article. --Subbass1 (talk) 11:23, 13 July 2024 (UTC)

File:Yuvraj Singh Grewal.jpg

This image is exclusively our. — Preceding unsigned comment added by Queenslandnetwork (talk • contribs) 19:37, 12 July 2024‎ (UTC)

 Oppose the deletion reason was unrelated to copyright. The image was deleted as out of Wikimedia Commons scope. Ankry (talk) 09:42, 13 July 2024 (UTC)

The undeletion discussion in the following section is now closed. Please do not make any edits to this archive.

File:Photoshoot_of_Yuvraj_Grewal.jpg

Do not delete as we own all the rights to this image and did a special photoshoot. — Preceding unsigned comment added by Queenslandnetwork (talk • contribs) 20:49, 12 July 2024‎ (UTC)

Procedural close. Please follow the correct procedure if you wish for an existing file not to be deleted. Thuresson (talk) 21:48, 12 July 2024 (UTC)