Commons:Deletion requests/File:F-35C Lightning II at-sea trials 141104-N-ZZ999-017.jpg

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:F-35C Lightning II at-sea trials 141104-N-ZZ999-017.jpg

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EXIF states "courtesy of Lockheed Martin by Andy Wolfe". As such it's not a US Govt PD work and not in PD. MileyCyprus (talk) 04:15, 11 May 2016 (UTC)[reply]

 Keep per statement at DVIDS, which is not restricted to US Gov personnel. {{PD-author}} applied. --Fæ (talk) 09:22, 11 May 2016 (UTC)[reply]

 Keep EXIF says "U.S. Navy photo courtesy of Lockheed Martin by Andy Wolfe/Released". In my opinion "Released" means, that Lockheed Martin does not claim copyright. For example Commons:Deletion requests/File:USMC-06806.jpg has no word "Released" in EXIF. Taivo (talk) 12:15, 21 May 2016 (UTC)[reply]
No, that only means a Lockheed image published via DVIDS. Courtesy images (= we are permitted to use them but we don't own rights on them) do not fall under PD-USGov licenses so as such are non-free unless stated otherwise by Lockheed. --Denniss (talk) 14:04, 21 May 2016 (UTC)[reply]
As there has been sudden blitz of these deletions raised, both on my uploads and others, despite some being on Commons for a few years, I have written to DVIDS as below. I will publish any answer at User:Fæ/email/DoD#DVIDS. In the meantime, I would appreciate the blitz being laid off until we get an answer or a consensus, then if action is taken it can be taken consistently. Thanks --Fæ (talk) 14:29, 21 May 2016 (UTC)[reply]
Public domain status of courtesy images
Date: 21 May 2016 at 15:23

To: dvidsweb@dvidshub.net

Dear Sir,

I am a long term volunteer with Wikimedia Commons, the site that provides over 30 million images for public reuse and is used to illustrate Wikipedia articles in all languages. I have uploaded over a hundred thousand photographs from your site, thank you for making them available!

Recently there has been a clean up drive on Wikimedia Commons which is resulting in images from your site which are marked as "courtesy image" are being removed, on the basis that the wording puts doubt on the photographer giving a free release equivalent to public domain. The photographs with this distinction are normally taken by non-military contractors, for example employees of Lockheed Martin.[1]

Could you confirm whether the Public Domain release on your site is a verifiable release from the photographer, or should the files be treated as if they had a non-commercial or other non-free restriction?

Thanks in advance for any advice you can provide.

Links:

  1. Example photograph, taken by Andy Wolfe of Lockeed Martin https://www.dvidshub.net/image/1648899/f-35c-lightning-ii-sea-trials
  2. Example deletion request on Wikimedia Commons https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:F-35C_Lightning_II_at-sea_trials_141104-N-ZZ999-017.jpg

Yours,

[Fæ]
I have had a speedy reply (good for a Saturday) as below, confirming that in the official view of DVIDS, all reusers can take "courtesy" images released on their website as public domain, per the public domain release given against each photograph. I have sent a copy of the original email in to OTRS, so anyone that wants to will be able to quote the original email rather that my slightly anonymized version. --Fæ (talk) 14:48, 21 May 2016 (UTC)[reply]
Re: (Case 20603) Public domain status of courtesy images
From: DVIDS dvidsweb@dvidshub.net

Date: 21 May 2016 at 15:32

To: Fæ

[Fæ] - all content - even those listed as 'Courtesy' are public domain and available for anyone to use. There should be no hesitation on your end.

Best,

Ticket URL: [link supplied]

[DVIDS staff]
Encompass Digital Media, Inc.


DVIDS - Defense Video & Imagery Distribution System

Kept: Permission confirmed. --Amitie 10g (talk) 16:49, 21 May 2016 (UTC)[reply]

File:F-35C Lightning II at-sea trials 141104-N-ZZ999-017.jpg

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Nominating this file for deletion again, for background see previous "Kept" DR above and email from DVIDS, and see also Commons:Deletion requests/File:F-35B Lightning II Completes First Land-based Ski Jump Launch 150619-D-AW822-318.jpg which was resubmitted and closed as Delete.

Reason: This photo is credited to a Lockheed Martin employee, not an employee of the US Federal Government, so {{PD-USGov}} does not apply. There's no proven basis for the US Government releasing non-government employee work into the Public Domain, and no evidence of a free license.

The DVIDS copyright page states "In general, DoD VI [motion and still media files] that are works of authorship prepared by U.S. Government employees as part of their official duties are not eligible for copyright protection in the United States; however, some of the DoD VI available on this publicly accessible website may be subject to copyright or other intellectual property rights owned by non-DoD parties, regardless of whether the VI is marked with a copyright notice or other indication of non-DoD ownership or interests. Any use of this DoD VI other than as expressly authorized in this notice may subject the user to legal liability, including liability to such non-DoD owners of intellectual property or other protectable legal interests."

To me, this quotation confirms that their third party content which is not created by the US Government is not automatically PD or freely-licensed, this contradicts the email from DVIDS which was the basis for the previous "Keep", and generates a significant doubt that the photo is free (COM:PRP). We need evidence that the photographer or Lockheed Martin released the photo under a free license. Consigned (talk) 14:50, 28 September 2024 (UTC)[reply]

— Huntster (t @ c) 20:34, 28 September 2024 (UTC)[reply]
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