Wikipedia:Files for deletion/2013 June 11

June 11

File:Lil' Crime Stoppers scene.jpg

File:505 cartman.gif

File:Lemar image.jpg

File:De Soto Days.jpg

File:Mirror's Edge iOS logo.png

File:ViciousMugshot.jpg

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: keep. Per consensus. 23:13, 22 July 2013 (UTC)

File:ViciousMugshot.jpg (delete | talk | history | links | logs) – uploaded by Mick man34 (notify | contribs | uploads | upload log).

Doesn't meet WP:NFCC#8 IMO, it is not necessary for the reader to see a mugshot of the subject to understand that he was arrested. January (talk) 20:05, 11 June 2013 (UTC)[reply]

Keep- Needed to show he was arrested. NY FOI clearly allows for fair use — Preceding unsigned comment added by Mick man34 (talkcontribs) 20:13, 11 June 2013
  • Keep - on the assumption that a mugshot was taken by a government employee of the US (which if I am extrapolating correctly, based on NASA images, are free of copyright) and based on the same image used by http://mugshots.com/Music/Sid-Vicious.101227.html Exit2DOS CtrlAltDel 22:39, 11 June 2013 (UTC)[reply]
    • That's only the federal government, this is by a city government body. —innotata 23:39, 11 June 2013 (UTC)[reply]
      • I'm still not so sure of it being limited to only Federal. "Originally collected and distributed by Law Enforcement agencies, Booking records are considered and legally recognized as public records, in the public domain." as per http://mugshots.com/faq.html Exit2DOS CtrlAltDel 23:53, 11 June 2013 (UTC)[reply]
        • Further down, they contradict themselves by stating "news reporting is acceptable usage under Fair Use statute". They're probably using the term public domain in the "publicly available" rather than the "copyright-free" sense. January (talk) 00:12, 12 June 2013 (UTC)[reply]
Keep - This booking photograph was captured by the NYPD and published in newspapers at the time (1978). If you look carefully you can see this particular image is actually scanned from a newspaper. After what I thought was a careful reading of NY state law, etc I believed that this image was in the public domain (i.e. no copyright) so submitted this to Commons. Over there it went through a delete/undelete appeal process; the archive of that discussion is here. I exchanged some email with Robert J. Freeman, Executive Director, Committee on Open Government, Department of State about the copyright status of the image (some of that correspondence is at the previous link, with his permission).

The upshot was that due to the strange circumstances of Sid Vicious's death I couldn't get a straight answer on copyright, i.e. he died before trial, so was never convicted. NY FOI law doesn't talk about copyright, so copyright is asserted on an agency-by-agency basis. NYPD has nothing publicly available asserting copyright or otherwise on their booking photographs last I checked. The New York FOIL/copyright situation is explained reasonably well here.

This image is quite iconic and, in my opinion, is important to the article. After contacting NY's Committee on Open Government I would say it's beyond unlikely that the NYPD would ever object to this as fair use. Weedwhacker128 (talk) 19:40, 12 June 2013 (UTC)[reply]
  • keep Based on the opinion given from the NY FOI office, there is nothing preventing use of this image. Mangoe (talk) 12:33, 13 June 2013 (UTC)[reply]
What license tag/PD reason would apply? It's currently tagged as non-free which will need to be amended if kept as free. January (talk) 15:51, 13 June 2013 (UTC)[reply]
Try {{PD-US-1989}}. That one applies if the police distributed the image without copyright notice and without registering the photo for copyright within five years after distributing the image. That template can probably be used for lots of mugshots from that time, although it may be hard to show this for any given mugshot. --Stefan2 (talk) 09:52, 14 June 2013 (UTC)[reply]
Getty images is selling it, so I expect they would argue it's in the public domain. They do know a bit about copyright. Weedwhacker128 (talk) 14:32, 14 June 2013 (UTC)[reply]
The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Wikipedia:Files_for_deletion/2013_June_11&oldid=1142599282"