User:Brianjd/Examples

This is a subpage of my user page, containing my disorganized examples.

Material moved from my user page for checking[edit]

{{#babel:Public Domain}}

(This should be on my global user page because it is about me, but userbox support is not good there. This needs an explanation of what ‘supports the public domain’ means in this context and why I support it. Because copyright is far too complex for most people to understand, I dedicate all my material to the public domain, meaning it is not covered by copyright.)

The sections below discuss a variety of issues relevant to Commons. Most sections discuss remarkable inconsistencies in how these issues are handled, particularly on Commons. There are inconsistencies in how these issues are handled on and off Commons, inconsistencies in how different issues are handled on Commons (with regards to [[#Jurisdiction|which jurisdictions are relevant]]), and even inconsistencies between how the same issues are handled on Commons by different users. Even worse, in some cases, people fail to acknowledge these inconsistencies.

(Improvement: The sections below discuss a variety of issues relevant to Commons. In doing so, they also show a variety of ways that the human world is broken:

People make important decisions incorrectly because they ignore important information. Sometimes, this happens even though that information being well-known, even obvious. Examples are given in the section on in-scope media subject to generic ‘out of scope’ deletion requests.
Even worse, some important information is too complex for most people to understand. This includes rules like copyright.
Some important, generally accepted tools do not do their job properly. Examples are given in the section on search engine reliability.)

(There should also be a note about how things can improve. An example (which itself needs to be documented) is when the personality rights guideline was finally updated to say that house rules should be obeyed.)

From the ‘Jurisdictions’ section:

There is some inconsistency in how Commons determines which jurisdictions are relevant.

(Also, that section needs more details.)

From the ‘Generic “out of scope” deletion requests’ section:

Some of these deletion requests are challenged by other users who happen to see them. Examples are given below.

Open deletion requests[edit]

Scope[edit]

Images uploaded as demonstrations of mint hair.
Chris Dlugosz - mint hair (2451783403).jpg. (deletion request)
Chris Dlugosz - mint hair (2451782583).jpg. (deletion request)

These images were uploaded as demonstrations of mint hair, but then speedily deleted as personal images. After this speedy deletion (which should apply only to non-contributors) was questioned, the files were undeleted but then nominated for (regular) deletion as out of scope.

Personality rights[edit]

Photos of Viona Ielegems.
(deletion request)
(deletion request)

The first two photos were nominated for deletion by a user claiming to be the subject, Viona Ielegems; the nominator said that they wanted the photos deleted for personal reasons.

File:606avbws BC.jpg

Stop reporter with reflection. (deletion request)

The uploader requested deletion because the reflection shows the photographer.

Scope[edit]

Commons:Village pump/Archive/2022/12#Seizure risks.

Privacy[edit]

Commons:Deletion requests/Files uploaded by Paulthelawyer.

Personality rights[edit]

It is not even clear what ‘personality rights’ means. Commons has an essay on ‘personality rights’. It seems to have semi-official status, as it is, for example, linked from the help page Commons:Reusing content outside Wikimedia (where ‘personality rights’ are listed as an example of a non-copyright restriction) and even listed as the main page for the guideline section Commons:Photographs of identifiable people#The right of publicity. Yet it is very poorly written. Its nutshell says:

The current Commons guideline is at Commons:Photographs of identifiable people. This page is a legal review of the right of publicity, according to US law. The right of publicity is different to a right to privacy.

But it does not even define the terms ‘right of publicity’ and ‘right to privacy’. Also, the essay itself starts with this sentence: ‘Nothing in Wikimedia may violate any person's personality rights or right of publicity.’ This sentence suggests that ‘personality rights’ and ‘right of publicity’ have different meanings.

Continue reviewing Commons:Photographs of identifiable people.

The idea that personality rights can apply to subjects who are not ‘identifiable’ is supported by deletion requests like those for the following files:

The deleted file Obese office worker at lunch break in Brisbane, Australia.jpg depicts a man standing at a shopping centre in Brisbane, Australia, in 2020. He is near a bench outside a Lorna Jane store, looking down at his phone.

The file was deleted due to a belief that the subject did not consent to being used as an example of obesity. The discussion suggested that blurring his face would not be enough.

The confusion about whether personality rights can apply to subjects who are not ‘identifiable’ creates real problems: at Commons:Deletion requests/File:Topless Barcelona.jpg#File:Topless Barcelona.jpg 3, a user pointed out that some laws seem to require consent regardless of identifiability, but users try to get around this by pointing to the word ‘identifiable’ in the guideline’s name.

Inconsistency: ‘Certainly by the letter of the law [File:Topless_Barcelona.jpg] should be deleted, but I'm seeing several forums where people talk about how, in practice (by journalists, etc.), blurring the face is seen as an acceptable fix.’ (Commons:Village pump/Proposals/Archive/2023/01#Rename ‘Photographs of identifiable people’ to ‘Photos and videos of people’)

More confusion: Commons:Deletion requests/File:Female body hair removal.jpg.

Template talk:Consent#Identifiability.

Regarding whether identifiability matters and whether a subject is ‘identifiable’, see Commons:Deletion requests/Files uploaded by Matt Bio Research and File:Topless Barcelona.jpg (first deletion request; subsequent deletion requests) (start discussion about this contradicting COM:DIGNITY).

Inconsistencies in handling this issue on and off Commons:

File:Romania-2480 - Really............... I didn't know... (7811453976).jpg (deletion request)
File:IZIBA2004 102 (1924810).jpg (deletion request) (was used at fa:خطوط برنزه‌نشده at time of deletion)
Commons:Deletion requests/File:Teen girls hanging out.jpg (also scope; was used at tr:Gençlik kültürü at time of deletion)

User talk:Kritzolina#Photo challenges involving children.

Commons talk:Photo challenge/themes#Sleep.

Commons:Patient images (linked from photo challenge).

Middle schooler with Bangs.jpg: Middle schooler with bangs. (deletion request) The subject revoked their consent, according to the uploader; it is not clear whether that consent is actually revocable. See Commons:Patient images: Inform the subject their permission is not revocable.

Commons:Categories for discussion/2021/06/Category:Upskirt in sports (and other upskirt categories, some of which are included in that discussion). (This is a very long discussion but I think it's just personality rights.)

Images that require consent due to the subject being in a private place per Commons:Photographs of identifiable people[edit]

File:Nude in the sun.jpg

Nude woman sunbathing. (deletion request)

Images that require consent per Commons:Country specific consent requirements but appear to lack consent[edit]

As of 15 January 2023, this image is used at:

he:קרדיגן (archived in the Wayback Machine)
ja:カーディガン (archived in the Wayback Machine) (image added in ja:Special:Diff/47567250 by the same user who did Special:Diff/94913282)
ja:利用者:Castsock3A (archived in the Wayback Machine)
vi:Đồng phục (archived in the Wayback Machine)

Images that require consent per Commons:Country specific consent requirements but do not have confirmation of consent[edit]

Images with redacted faces[edit]

Images in the category Bikini baristas.
Bottoms Up Expresso (Clovis, California) barista with face mask.jpg.
Bottoms Up Expresso (Clovis, California) barista with face mask (2).jpg.
Bottoms Up Expresso (Clovis, California) barista with face mask (3).jpg.
Bottoms Up Expresso (Clovis, California) barista with face mask (4).jpg.
Bottoms Up Expresso (Clovis, California) barista with face mask (5).jpg.
Bottoms Up Expresso (Clovis, California) barista with face mask (6).jpg.
Bottoms Up Expresso (Clovis, California) bikini barista (1).jpg. Described as a ‘cropped mobile phone digital selfie photo’, whatever that means.
Bottoms Up Expresso (Clovis, California) bikini barista (2).jpg. Described as a ‘cropped digital photo’.
Bottoms Up Expresso (Clovis, California) bikini barista (3).jpg. Described as a ‘cropped digital photo’.
Bottoms Up Expresso (Clovis, California) bikini barista (4).jpg. Used in the article Bikini barista. Described as a ‘cropped digital photo’.
Bottoms Up Expresso (Clovis, California) bikini barista (5).jpg. Described as a ‘cropped digital photo’.
Bottoms Up Expresso (Clovis, California) bikini barista (6).jpg. Described as a ‘cropped digital photo’.
Bottoms Up Expresso (Clovis, California) bikini barista (7).jpg. Described as a ‘cropped digital photo’.
Bottoms Up Expresso (Clovis, California) bikini barista (8).jpg. Used in the Wikidata item bikini barista (Q4907411) (and, by extension, the category infobox and a profession list on the French Wikipedia). Described as a ‘cropped digital photo’.
Bottoms Up Expresso (Clovis, California) bikini barista (9).jpg.
Bottoms Up Expresso (Clovis, California) bikini barista (10).jpg.
Bottoms Up Expresso (Clovis, California) bikini barista (11).jpg.
Bottoms Up Expresso (Clovis, California) bikini barista (12).jpg.
Bottoms Up Expresso (Clovis, California) bikini barista (13).jpg.
PINK PANTHERZ Expresso (Fresno Ca.) bikini barista with face mask.jpg.
Pink Pantherz Expresso (Fresno, California) bikini barista.jpg.

All information about this gallery is correct as of 15 January 2023. All uses are noted in the image captions displayed here, except for generic galleries and redirects; all references in the original descriptions to editing are also noted in the captions here. All faces are cut off at about nose level, or at about eye level (but never giving a good view of both eyes) for subjects who are wearing protective masks (except that Bottoms Up Expresso (Clovis, California) bikini barista (2).jpg and Bottoms Up Expresso (Clovis, California) bikini barista (9).jpg are even more restrictive, being cut off below and at the mouth, respectively).

All images were uploaded by NeoBatfreak, who claimed that the images were their own work. Also see a discussion on that user’s talk page about these images.

Images of patients[edit]

Images of patients uploaded by NeoBatfreak, from newest to oldest.
Vaccinated Wheelchair-bond woman.jpg.
CVS Pharmacy - vaccinations (4077 West Clinton Ave. 93722) (2).jpg.
CVS Pharmacy - vaccinations (4077 West Clinton Ave. 93722).jpg.

The patients’ faces are not clearly visible; those that are partly visible are covered by masks and blurry.

Images of homeless people[edit]

Images of homeless people uploaded by NeoBatfreak, from newest to oldest.
Homeless old man on Fresno - East Belmont Avenue.jpg. The subject is facing away from the camera.
Homeless man sleeping on sidewalk(1).jpg. The subject is facing away from the camera.
Homeless man at West Shaw Ave. (Fresno CA 93722).jpg. The subject is facing towards the camera.
Beggar at North Blackstone Ave.jpg. The subject is facing away from the camera.
Beggar with a sign and cart (Herndon & N. Fruit)l(1).jpg. The subject is facing away from the camera.
Homelessness at Riverpark Shopping Center (Homeless woman with bicycle).jpg. The subject is facing towards the camera.

The subjects’ faces are not clearly visible; the ones facing the camera are partly visible but blurry.

(The same user also uploaded Homeless camp (Oakland, CA - 10th street, near Laney College).jpg and other images that are related to homelessness but do not show homeless people.)

Images of minors or school students[edit]

User talk:Brianjd#Permission from minors to use their likeness.

Sleeping children, used as examples for the proposed photo challenge theme ‘Sleep’.
A child sleeping.jpg.
Sleeping-girl.jpg. Used in the article Fear of falling, at wikiquote:Sleep, at wiktionary:dusa and at many other pages on many other projects.

Two school girls in England.
Original.

Original.
Cropped. Used in the articles School uniforms in England and School uniforms by country.

Cropped. Used in the articles School uniforms in England and School uniforms by country.

Tagged with a consent query, despite the subjects’ faces not being visible. Also, the image appears to be taken in public? See User talk:Berrely#Images of people without faces.