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The photographs from the same exhibit have featured copyright notices in publications of the Museum advertised and featured on the website of the Museum (I've quoted them in both the image page and in Wilhelm Brasse#The Auschwitz photographs. There is no reliable source to prove that this particular 3-pose photograph made by Brasse has no copyright notice on it in the Museum's Photo archive materials published in books later (much later, in 2004, e.g.); in The Portraitist (2005) Brasse identifies his own photographs as such; re: public domain: see Cornell: [PDF etc. I think too much guessing is going on here. But I agree, it is copyright in the country of origin and proper fair use notice would be required to claim fair use, but in such a rationale in Wikipedia the actual source of the image must be given, and that is actually a blog citing Wikipedia and a YouTube video which basically infringes the Museum's intellectual property (the Museum provided the captions for its exhibit of this particular photograph (as with the others) and also in its own publications (e.g., 2004); and it does not permit visitors to photograph its indoor exhibits (which this one is). --NYScholar (talk) 07:12, 4 September 2008 (UTC)Reply[reply]
If the image was first published in 2002, then it might be copyright to Wilhelm Brasse. On the other hand, original copyright might have vested with the Nazi state, which organised and directed the work of the Erkennungsdienst at Auschwitz. The Auschwitz museum itself in 2007 was in dispute with one Dina Babbitt over copyright ownership of sketches and paintings she had been forced to make for Mengele. [18] If the original copyright was owned by the Nazi state, it's not clear to me who that would now rest with. Another question is whether these photographs in fact attract copyright at all: the current EU requirement under Directive 93/98/EEC (enacted in Poland in 2000-2002) is that for full protection photographs must be "the author's own intellectual creation reflecting his personality". Do standardised mug-shots qualify? Finally, note that the same directive also institutes "publication rights" for previously unpublished works in which the possibility of copyright has expired (being 70 years pma etc.). Such publication rights in the EU are granted to the first publisher, for 25 years. However, they do not apply in the United States.
So, if the work was first published in 2002, and if the work is considered sufficiently original to qualify for copyright, and if Wilhelm Brasse is considered the legal author, then it would appear to indeed be under copyright (both in Poland and the U.S.A.)
You tube, etc. At least per US law (Bridgeman vs Corel), there won't be any additional copyright in the faithful reproduction of a 2d work. So the only copyright we need to consider is the copyright in the original work.
Fair use. The copyright position seems at least murky. But if the image were copyright, there seems to me a reasonable fair use case per WP:NFCC. The detail picture identifies the subject of the article, and is the picture the recent artwork has been based on, which is identified as the main source of the article's wikipedia notability. It therefore very much is right on the spine of the subject of the article. The full picture (from which the detail is taken) conveys the full context of the original picture. But before jumping to conclusions, I think we should investigate more the actual copyright situation first. Jheald (talk) 12:07, 4 September 2008 (UTC)Reply[reply]
One of several remaining questions is: what is the source used by the uploader to copy and upload this image (3 poses) and the close up part of one of the poses (part of the same photograph) to Wikipedia. It appears to be a derivative work not original with the uploader but taken from Website content. Wikipedia has clear stipulations about the problems about uploading potential copyright infringing material from Websites to Wikipedia.
I've restored the original image. The absolute resolution is high, sure, but that doesn't mean the image should be resized down so that the text is unreadable. I don't have Windows XP anymore so I can't create a more suitably-sized image, but I'm sure someone will get to it eventually. Warren -talk- 06:54, 4 August 2008 (UTC)Reply[reply]
Per Commons discussion on the matter, these images of state license plates excluding any plates made by the US Government are in violation of Copyright. I didn't tag articles with images that originated from Commons (a cursory exam of Vehicle registration plates of Alabama, Vehicle registration plates of Alaska, and Vehicle registration plates of Arizona shows several copyrighted images originating from Commons). Yes, I got nicked for several images in the discussion above, I rather not discuss that. --293.xx.xxx.xx (talk) 19:32, 22 September 2008 (UTC)Reply[reply]
I originally deleted this as an orphaned fair-use image as this is considered a deriative work. Basically, is this a deriative work. As such, does this fall under fair-use rules and therefore come up for deletion as it is orphaned. Thanks. Woody (talk) 19:07, 14 January 2009 (UTC)Reply[reply]
It seems to me that the image :Hoffa_faces_McClellan_Comte_1957.jpg is being used here in a way which conflicts with the policy that "Use of historic images from press agencies must only be used in a transformative nature, when the image itself is the subject of commentary rather than the event it depicts (which is the original market role, and is not allowed per policy)." In this article, the image itself is not being discussed, just the event it depicts.
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