What is the copyright of the image?
It is important to understand that content uploaded to Wikipedia is freely available for anyone to copy, edit, and use. For this reason, copyrighted material is not allowed to be uploaded to Commons.
- Make sure you read and follow Wikipedia's image use policy.
- There is no Freedom of Panorama in the US, which means that works are automatically copyrighted and public art is NOT in the public domain.
- Wikipedia does allow Fair use images, but these can NOT be uploaded to Commons. They must be uploaded to Wikipedia.
Who took the picture?
- It is advisable that you personally take a photograph of the artwork.
- - Your photograph is considered a Derivative work.
- - Copyright restrictions may still remain for the artwork itself.
- If you're using someone else's photograph, you have to consider the copyright restrictions of both the photographer and the artist of the artwork.
- - This will make uploading to Wikipedia much more difficult.
- - If you want to use an image from Flickr that's not yours, make sure you read these guidelines.
- - Check out the Finding images tutorial.
How old is the artwork?
- Typically, older artworks are considered to be in the public domain, while new artworks are not.
- Basic rule of thumb:
- Before 1923 = Upload to Commons
- After 1923 = Upload to Wikipedia
- If it was published before 1923 in the US, it is out of copyright (published means presented to the public and a distinct concept from creation).
- If it was published before 1989 in the US and no copyright notice was added, then it is likely in the public domain (artists who failed to give notice could have later rectified the problem through several formal steps).
- -See this chart of public domain scenarios for more details.
Uploading images
- Articles should have at least one image that is located in the Infobox.
- Only upload an image AFTER your article is live. Non-free images cannot be used in drafts. Also, images considered orphans (not in live articles) are often deleted.
- Non-free use images can only be used sparingly in articles in order to provide basic visual identification of the artwork.
- -Only low resolution images can be uploaded and used in articles.
- - Galleries of Non-Free images are not permitted.
- -Close up or detail photos are typically not permitted if the image is Non-Free.
- Upload your personal photo to Flickr first. This provides photographic documentation which will be included in the Non-Free use Rationale.
Non-Free (Fair Use) Images
Wikipedia
To make a fair use claim, you would have to discuss the topic in the article, and to cover the intent of the fair use exceptions under U.S. copyright law. Also you will likely need to limit the images to only a few lower resolutions images of the artwork. The proper licence for these kinds of images is {{Non-free 3D art}} (that template clearly states that a fair-use rational must be used.) Further, the images MUST comply with all 10 non-free content criteria, which preclude using galleries under the minimal use criteria.
Wikipedia:Non-free use rationale guideline
Copyright free images
the Commons
How-to upload images to Wikipedia
Before you begin, things to know:
- You will be uploading your image into Wikipedia, NOT the Commons.
- Always advocate that the image is educational and also can be used for critical commentary in your articles.
- Be as specific in your information as you can.
- Always include the Non-free use rationale and Non-free 3D art templates.
- When you upload a photo, the image file will have its own Wikipedia page and edit screen. To edit information regarding the photo, you will be editing the image file page, NOT your main article.
- See the Mega-Gem image file for an example.
- Upload your image to Flickr (the unique link to your photo will be used in your Non-free use rationale).
- Start out at the website http://en.wikipedia.org/wiki/Special:Upload
- Select a low resolution image to upload from your computer, making sure it is the same one uploaded to Flickr.
- Fill out the Summary section with the Template:Non-free use rationale & {{Non-free 3D art}} Template. Simply copy and paste:
{{Non-free use rationale
| Description = <List title of work, artist, date, date of photo & side of the work the
image is showing.>
| Source = <Direct link to the same image on Flickr.>
| Article = <The exact title of your article that the image will be in.>
| Portion = The image shows one side of the copyrighted work of art.
| Low resolution = Yes
| Purpose = The image serves as the primary means of visual identification of the
artwork.
| Replaceability = There is no free equivalent of this artwork's image,
so it cannot be replaced by a free image.
| Other information = The use of the image will not affect the value of the original work in
a negative way or limit the copyright holder's rights or ability to distribute the original.
}}
===Licensing===
{{Non-free 3D art}}'''
5. Leave the Licensing drop down tab alone. (You already included Licensing information in the Summary).
6. Choose the Upload button.
7. If you need to update anything in your Summary section, click the Edit button to update the template.
8. Navigate to your main article; Click to Edit the page.
9. In Edit: in the Infobox, type the EXACT NAME (like Exact_Name.JPG) of the photo you uploaded into the "image_file" slot.
10. Create an image size for the "image_size" slot. Try 200px or 320px. Keeping it smaller is more appropriate for non-free images.
11. Preview and/or Save your work!
How-to upload images to The Commons
- Find images in Flickr that have Creative Commons licensing.
- If your artwork was made before 1923, it is possible that you can upload an image of it to The Commons. Follow the instructions at Commons:Upload
- For photographs of 2-D paintings or similar 2-D artwork, please use the Commons template Painting and follow the guidance at Commons:Template:Painting/doc.
- For photographs of 3-D objects, please use the Commons template Information and follow the guidance at Commons:Template:Information/doc.
Resources
- Manual of Style for Images
- Images: An intro
- Uploading images
- Copyright tags
- Nimmer on Copyright[1]
Notes
- ^ Nimmer, Melville B., and David Nimmer (1997). Nimmer on Copyright. Albany: Matthew Bender.
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