User:Nightingale/Working Area/画像事例集
2009年2月22日 (日) 05:41時点における Thivierr による版の翻訳[edit]
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このページはいろいろな話題を寄せ集めて、"...の写真はアップロードしていいのですか?"という疑問に答える事を目的にしています。以下の写真はアップロードしても
OK です：
- 一般的に、著作権の付かない被写体をあなた自身が撮影した写真、すなわち景色、自然、あなた自身（ここウィキメディアコモンズをあなたの私的なウェブスペースとして利用しない限り）、あなたに撮影することとその写真を公開することを同意した人物です。
- 著作権が切れた（通常著作者の死後70年、Commons:Licensingの国別のリストを参照（訳者注：日本は50年））被写体あるいはデザインをあなたが撮影した写真、スキャンした画像、複写した画像。
- 十分に古くて（通常著作者の死後70年、Commons:Licensingの国別のリストを参照（訳者注：日本は50年））パブリックドメインに存在する被写体あるいはデザインを誰かが単に機械的にスキャンした画像あるいは複写した画像。画像強調の加工された古い画像については、Commons:When to use the PD-scan tagを参照してください。
- あなた自身または他の誰かによって撮影されたパブリックドメインにある二次元の美術作品の忠実な複製の写真、Commons:When to use the PD-Art tagを参照してください。
その他の許されたり許されなかったりする被写体については以下の見出し項目を見てください。"...からの写真や絵画をアップロードしてもいいのですか?"という疑問の答えが知りたいなら,インターネット画像の項目を見てください。
Album covers[edit]
Album covers (LP, CD, DVD, video cassettes, and so on) almost always carry copyright-protected designs, and photographs of them may not normally be uploaded to Commons. The fact that you are the physical owner of an album does not mean that you are authorised to replicate the cover design by uploading a copy here.
Antiquities[edit]
Some countries (like Italy, Greece or Egypt) have laws which allow to control the publication of pictures of protected archaelogical sites or heritage items. This laws don't count for Commons as laws according the general rule that pictures must be PD/free in the country of origin and the US.
Architecture[edit]
- See Commons:Freedom of panorama and Buildings below.
Art (copies of)[edit]
2D art (paintings etc):[edit]
If the original artwork remains in copyright a license from the artist is nearly always needed. Mere physical ownership of an original artwork such as a painting does not confer ownership of the copyright: that remains with the artist.
There are a few rare situations where the artist's license may not be needed:
- Certain images permanently located in a public place, in some countries: See Commons:Freedom of panorama.
If the original artwork is old enough to be in the public domain it is OK to upload a scan or a photocopy (from any source) or a photograph you have taken yourself. A faithful photographic copy of a public domain 2D artwork such as a painting may always be uploaded to Commons, even if the photograph was taken by somebody else and even if no photographer's licence has been provided: see Commons: When to use the PD-Art tag
- See also Engravings.
3D art (sculptures etc):[edit]
If the original artwork remains in copyright a license from the artist is nearly always needed. Mere physical ownership of an original artwork such as a sculpture does not confer ownership of the copyright: that remains with the artist.
In some countries a 3D artwork that is permanently located in a public place can be photographed and the image uploaded without the artist's permission: See Commons:Freedom of panorama.
If the 3D artwork is old enough to be in the public domain, it is OK to upload a photograph you have taken yourself. If the photograph was taken by somebody else, you need the photographer’s permission, and the photograph itself will be copyright-protected in spite of the fact that what it shows is a public domain artwork.
- See also Replicas of PD artworks
Banknotes[edit]
- See Commons:Currency
Board games[edit]
Board games are usually of copyright design, and photographs that are intended to illustrate the game board and/or the box are not normally acceptable. Photographs of a game in progress may possibly be allowable provided that the copyright elements are incidental and de minimis to the overall image, but that is unlikely to be the case if the whole board or box design is clearly shown. The design shown does not automatically become incidental simply because there are some players in the frame along with the board.
Old board games such as backgammon, chess and go are allowable unless the board incorporates some original artistic design. Monopoly is also a special case: the 'original' Monopoly board is now out of copyright - it was published in a US patent application back in 1935: see w:Image:DarrowPage1.png. Modern standard sets may be shown provided that they are substantially identical in design to the original. Sets with significant new design elements, such as Monopoly Junior, are not allowed since the new design elements will be entitled to a new copyright.
Book covers[edit]
Book covers, unless they are very old, usually carry copyright-protected designs, and photographs of them may not normally be uploaded to Commons. The fact that you are the physical owner of a book does not mean that you are authorised to replicate the cover design by uploading a copy here.
Buildings[edit]
Photographs of buildings are normally allowed if the building is old enough to be public domain (in many countries, where the architect has been dead for at least 70 years). Photographs of more recent buildings may be restricted because of the architect's copyright, though some countries have exceptions that allow photographs to be taken of any building in a public place. See Commons:Freedom of panorama
CD covers[edit]
- See Album covers.
Characters from books and films[edit]
- See Commons:Fan art
Clothing[edit]
Images illustrating clothing styles or articles of clothing are normally acceptable. However, care must be taken not to infringe the copyright of any printed or woven design that may appear on the clothing's surface. So, for example you cannot upload images of t-shirts or caps displaying a copyright cartoon character: see Comic and action figures.
Sports strips/kit in club colours may also be copyright-protected: see Sports strips/kit.
Coats of arms[edit]
You should assume that a coat of arms drawn by someone else is copyright-protected unless you can demonstrate to the contrary. Even if the elements making up the arms have been used for hundreds of years, each specific realization may have sufficient originality to attract copyright protection. Direct copies of such specific realizations cannot therefore be uploaded even if you have taken the trouble to trace or even re-draw the design yourself.
However, if you can establish that the specific realization you want to use is old enough to be out of copyright, it is OK to upload. It is also OK if you can establish that the specific realization differs from an old public domain realization by only by immaterial details that in themselves are not sufficiently creative to generate a new copyright.
- See also Commons:Coat of Arms and Copyright on emblems.
Coins[edit]
- See Commons:Currency and Commons:When to use the PD-Art_tag#Photograph of an old coin found on the Internet
Comic and action figures[edit]
No photographs, drawings, paintings or any other copies/derivative works of these are allowed (as long as the original is not in the public domain). No pictures are allowed of items which are derivatives from copyrighted figures themselves, like dolls, action figures, t-shirts, printed bags, ashtrays etc.
- See also Commons:Fan art
Concert photography[edit]
Photographs you've taken yourself at concerts are believed to be acceptable. We believe such photos are not covered by the performing artists' related (neighbouring) rights (see this discussion). Nevertheless: ideally, you should be able to present an explicit permission by the performer to take and publish photos. Beware of concert photos showing an artistic stage design: such photos are not ok, as they may infringe the stage designer's copyright. Close-ups of performing artists should be fine, though.
- See also: Practical tips on concert photography
On concert photographs found on other web sites, see Fan sites.
Covers[edit]
- See Album covers and Book covers.
Currency[edit]
- See Commons:Currency
Drawings based on photographs[edit]
Photographs can be copyrighted. A drawing made from a copyrighted photograph is a derivative work; such a drawing can be published only if the copyright owner of the underlying photograph has given his express consent. The artist of the drawing also has a copyright on all aspects original to his or her drawing. If the base photo is in the public domain, there's only the copyright of the artist of the drawing to consider.
If you want to upload a drawing made by someone else based on a copyrighted photo, you thus need both the photographer's and the artist's consent. If you yourself have made a drawing based on a copyrighted photo, you need the permission of the photographer before uploading your drawing here.
Drawings based on several photos are derivative works of all of them, and permission from the authors of all copyrighted photos would be needed.
The same also applies to paintings done after photographs, or drawings and paintings done based on other drawings or paintings, and even to drawings or paintings done directly after a 3D sculpture: all are derivative works, and in all cases the copyright of the underlying original needs to be considered. It also applies to collages. See also Art (copies of).
Engravings[edit]
Engravings are original works and subject to copyright. If an engraving is done after a pre-existing work, the engraving is a derivative work. If so, one needs not only to account for the engraver's copyright but also for that of the creator of the underlying work. An engraver may get a copyright even if he produces an engraving of a public domain original.[1] The choices made by an engraver of where exactly to place his engraved lines, how to space them, etc. are sufficient to make an engraving pass the threshold of originality. This also applies to etchings or woodcuts.
In the UK, engravings are copyrighted since 1734, when the Engravings Copyright Act (8 Geo. 2 c. 13) was passed (amended in 1767 to also cover engravings done after pre-existing works). In the U.S., Burrow-Giles Lithographic Co. v. Sarony (111 U.S. 53 (1884)) held that when the law said it applied to "maps, charts, and writings", the term "writings" subsumed "all forms of writing, printing, engraving, etching, &c. ...". Alfred Bell & Co. v. Catalda Fine Arts, Inc. (191 F.2d 99 (2d Cir. 1951)) upheld copyrights on mezzotint reproductions of paintings that were in the public domain.
Fan art[edit]
- See Commons:Fan art
Fireworks displays[edit]
According to the Berne Convention, a work can only be protected by copyright only when it is written or recorded on a fixed medium. Since a firework display in action is not so recorded it does not in itself attract protection, and such displays can be freely photographed (but not necessarily filmed). The photograph will attract protection as an original photographic work, with the copyright normally owned by the photographer. So, if you have taken such a photograph yourself, you can freely upload it. If you have found a photograph taken by somebody else you will need a licence from the photographer before uploading.
Graffiti[edit]
Graffiti are essentially murals that have been painted illegally. Photographs of graffiti have long been allowed on Commons. As artistic works, copyright in graffiti will theoretically belong to the original artist. However, it is unlikely that the artist would be able to enforce the copyright since that would require a court to uphold the validity of an illegal act as the basis for damages or other relief against a third party.
For legally-painted artworks, see Murals.
Household objects[edit]
- See Utility objects
インターネット画像[edit]
The vast majority of images found on the internet are copyright-protected and may not be uploaded. The fact that an image has been posted to a publicly-available website does not give you implied permission to re-use it nor to upload it here. Many websites are silent on copyright issues, but images on those sites are just as off-limits as those on sites which explicitly say "Copyright, all rights reserved". Works are copyrighted by default; a copyright notice or a © sign is not needed.
Some specific sites are listed at Public domain image resources, Problematic sources and Bad sources.
The following images can be copied and uploaded:
Public domain images[edit]
Images that are verifiably old enough to be out of copyright: generally when the author has been dead for at least 70 years, but see Commons:Licensing for country-by-country rules. The copyright must have expired in your jurisdiction, the United States and the jurisdiction of the web server.
Some websites incorrectly purport to claim copyright protection on old images that are actually in the public domain. You should critically analyse such statements and not simply take them at face value.
Images released under a free license[edit]
Images that have been verifiably released under an acceptable Free license by the copyright owner. The image must be free in your jurisdiction, the United States and the jurisdiction of the web server.
Note that the website owner normally does not own the copyright to images on the website. Many amateur and even some professional websites purport to release rights that they do not own, for example by incorrectly stating that all images on the site are public domain. You should critically analyse such statements and not simply take them at face value.
In a few countries, notably the USA, most government-created works are as a matter of policy released into the public domain: please use the appropriate template such as {{PD-USGov}}.
Copyright-ineligible images[edit]
Images that are not of sufficient originality to attract copyright protection - use the template {{PD-ineligible}}.
Logos[edit]
- See Trademarks.
Maps[edit]
Maps are always copyright works unless they are old enough to be in the public domain. You may not upload copies of copyright maps to Commons, nor may you trace or even re-draw such a map yourself. Any map you create yourself must be wholly based on public domain sources or on sources that have been released under a suitable free license.
Models[edit]
Murals[edit]
Unless old enough to be in the public domain, murals will normally be copyright-protected even if the artist is unknown. Thus, images of murals cannot usually be accepted. It normally makes no difference if the mural is in a public place and can be freely photographed since Freedom of Panorama, where it exists, typically does not extend to permitting photographs of 2D artworks such as murals. There are some exceptions - see: Freedom of Panorama.
- See also Graffiti
Museum and interior photography[edit]
Photographs taken by yourself in a museum or the interior of a building/monument are deemed acceptable here, provided they do not show copyrighted works. If the museum's house rules forbid photography, a breach of that rule is an issue between the photographer and the museum, but does not affect the copyright status of an image. If the museum's house rules were a valid contract, it would bind only the parties of the contract: the photographer and the museum. The Commons and all other third parties are not subject to such a contract.
Museum policy regulating photography may also vary over time. For example in 2006 interior images of the Royal Palace of Madrid were allowed, but by 2008 it was strictly forbidden. Some museums also have different days in the week where photography is allowed or not.
It is up to the photographer to decide whether s/he wishes to upload images which have been taken in breach of any private rules of the museum.
- See also: Practical tips on photographing in museums.
Nudity[edit]
- See Commons:Nudity
Patents[edit]
Drawings and text taken from patent publications are normally allowed. Material derived from a US patent can be tagged {{PD-US-patent}}. Occasionally, though, there may be a copyright reservation in the body of the specification such as the following which appears in US patent 5,544,360: "A portion of the disclosure of this patent document contains material which is subject to copyright protection. The copyright owner has no objection to the facsimile reproduction by any one of the patent disclosure, as it appears in the Patent and Trademark Office patent files or records, but otherwise reserves all copyright rights whatsoever."
Paintings[edit]
- See Art.
People[edit]
Portraits[edit]
Posters[edit]
Posters are normally copyright-protected even if the artist is unknown. Thus, images of posters cannot usually be accepted. It normally makes no difference if the poster is in a public place and is freely photographable since Freedom of Panorama, where it exists, typically does not extend to permitting photographs of 2D artworks. Even where it does, posters will usually be excluded since they are normally located temporarily rather than permanently in a public place.
It is sometimes argued that the primary purpose of a poster is advertising, and that the advertiser should be pleased that the image is being widely disseminated by Commons. Such an argument, however, cannot overcome the basic copyright problem: that the uploader is purporting to license to all and sundry (incuding the advertiser's competitors) an original design that he/she did not create and does not own.
Product packaging[edit]
Although the overall 3D shape of most packaging (boxes, cartons, bottles) is not copyright-protected, the printing on such packaging is often legally protected as an artistic work (that applies irrespective of artistic merit, and regardless of whether the design appears only on the front surface or wraps around). Sometimes, the printing appears on an affixed label, but the result is the same. Generally, then, product packaging carrying printed designs cannot be uploaded to Commons, even if you personally own the physical object and even if you took the photograph yourself.
There are a few exceptions:
1. Packaging which carries a printed design which is so insignificant as to be incidental. Such packaging can be treated in the same way as a Utility objects. See Commons:De minimis.
2. Packaging which carries only a printed design which is simple as to be ineligible for copyright protection. In such a case, you can release your copyright in the photograph with a personal licence of your choice such as {{PD-self}}.
3. Packaging which carries only a printed design which is old enough for the copyright to have expired. In such a case, you can release your copyright in the photograph with a personal licence of your choice such as {{PD-self}}.
See also Trademarks.
The US case of Ets-Hokin v. Skyy Spirits[edit]
In the case of Ets-Hokin v. Skyy Spirits, Inc., 225 F.3d 1068 (9th Cir. 2000), the US Court of Appeals had to decide whether straight-on photographs of a Skyy Vodka bottle, similar the one one pictured, were Derivative works such that the photographer had infringed any copyright in the bottle and/or label. It was held that:
1. The bottle itself was a "useful article" with an "intrinsic utilitarian function", and hence could not attract copyright protection. The Court said "The Skyy vodka bottle, although attractive, has no special design or other features that could exist independently as a work of art. It is essentially a functional bottle without a distinctive shape".
2. As to the label, copyright cannot be claimed in a "print or label consisting solely of trademark subject matter and lacking copyrightable matter. Although a label's "graphical illustrations" are normally copyrightable, "textual matter" is not -- at least not unless the text aids or augments an accompanying graphical illustration. The label on Skyy's vodka bottle consists only of text and does not include any pictorial illustrations".
3. There was no need to decide whether the label was copyrightable as the photographs were "based on the bottle as a whole, not on the label. The whole point of the shots was to capture the bottle in its entirety". Since the shots were of "the bottle as a whole -- a useful article not subject to copyright protection -- and not a shot merely, or even mainly, of its label", the Court held that the photographs were not derivative works.
Note the words "merely or mainly". This case does not sanction the hosting on Commons of photographs which are merely or mainly of copyright-protected product labels. The fact that the label consisted only of uncopyrightable text was a fact important enough for the Court to note, and it cannot be assumed without argument that the decision would have been the same had the label carried a clearly-copyrightable graphic design.
This was a US case, and the decision is not applicable to similar photographs taken in other countries.
Replicas of PD artworks[edit]
Exact replicas of public domain works, like tourist souvenirs of the Venus de Milo, cannot attract any new copyright as exact replicas do not have the required originality. Hence, photographs of such items can be treated just like photographs of the artwork itself.
Road signs[edit]
You should assume that a road sign is copyright-protected and may not be uploaded unless you can demonstrate to the contrary. Allowable signs include those that are too simple to attract copyright protection (use the {{PD-ineligible}} tag), those that are old enough to be in the public domain, and those released to the public domain by government policy - eg certain signs which are specified within the US Department of Transportation's Manual on Uniform Traffic Control Devices.
Screenshots[edit]
- See Commons:Screenshots.
Sculptures and statues[edit]
- See Art (copies of).
Shields[edit]
- See Coats of arms
Sports strips/kit[edit]
These are normally copyright protected, unless they are simple enough to be {{PD-ineligible}}.
Toys[edit]
Trademarks[edit]
Many trademarks and logos are protected by copyright owned by the relevant company, and may not be uploaded since to do so would be a copyright violation. Copyright and trademark protection may and indeed often do co-exist in the same design.
However, a design which is too simple for copyright protection is acceptable; in such cases please use the {{Trademark}} template and if applicable also {{PD-textlogo}}. Note that the allowability or otherwise of a trademark/logo depends only on whether it is entitled to copyright protection; the fact that the trademark/logo may be additionally protected by Trademark laws in some countries is no bar to Commons hosting the image.
Utility objects[edit]
There is normally no copyright in a 3D utilitarian object, so photographs of typical household objects are normally acceptable as long as you have taken the photograph yourself. If someone else took the photograph, you need permission from copyright owner (usually the photographer). See Commons:applied art.
If the object has an original printed or embossed design on its surface, there will be copyright in that design even though there is no copyright in the 3D shape. This might apply, for example, to a cup with embossed surface decoration. So, unless the printed or embossed design is old enough to be public domain, or is too simple to be copyrighted, a photograph of the article may not be uploaded without the designer's permission.
Vehicles[edit]
Current Commons policy allows images of vehicles on the basis that the 3D shape of a vehicle will not normally be entitled to copyright protection. Photographs of vehicles are normally acceptable as long as you have taken the photograph yourself. If someone else took the photograph, you need permission from copyright owner (usually the photographer).
If the vehicle carries an original painted design, there will be copyright in that design even though there is no copyright in the 3D shape. Unless the design is insignificant enough to be ignored, a photograph of the vehicle may not be uploaded without the designer's permission.