User talk:ABenis

Question regarding fixing copyright tag

Hello. As a neophyte I have been involved with some editing with D-Katana of an article on Karen Horney, the noted psychiatrist. In the course of a peer review of another article it was flagged that the image of Karen Horney was improperly tagged for copyright. The image had originally been imported to Wikipedia:fr and then imported to Commons.

By email I contacted Dr. Horney’s daughter, who confirmed that she has been responsible for requests of photos of her mother for over fifty years, and that the photographer of the image in question is unknown.

The image has been widely archived (Bettmann Archives, United Press International) and distributed worldwide without attribution, and is clearly in the public domain.

How exactly do I go about fixing the tagging of the WP image, to fulfill WP’s exacting standards?

Thanks. ABenis 18:26, 2 June 2006 (UTC)

Hi.

Hmmm, I'm afraid that without a source, the image will not pass as public domain (images aren't public domain for lack of evidence of the opposite). The reason is that it is not unlikely that someone will show up and accknowledge being the heir of the creator.

Regards, Fred Chess 08:22, 3 June 2006 (UTC)

In regards to your second question, I would say it depends.

In the U.S. , images can be used under the fair use clause , which is why Encarta can use images with unknown sources. English Wikipedia also accept fair use images, but Commons doesn't. Because you are writing an article on English Wikipedia, you might consider using that possibility. For instance, the image that is currently on Commons, could be reuploaded to English Wikipedia and used as fair use ( as you said yourself, the image is practially OK to use , so there should be any difficulties ). / Fred Chess 22:27, 3 June 2006 (UTC)

Thanks, ABenis 23:25, 3 June 2006 (UTC)