File:Tatischev Monument, Tolyatti - Long View.jpg
Tatischev_Monument,_Tolyatti_-_Long_View.jpg (387 × 257 pixels, file size: 9 KB, MIME type: image/jpeg)
Summary[edit]
| Description |
Photo of equestrian statue |
|---|---|
| Source |
Russian Wikipedia: [http://ru.wikipedia.org/wiki/Файл:Tatischev_monument,_Tolyatti,_Russia.JPG |
| Article | |
| Portion used | |
| Low resolution? |
No |
| Purpose of use |
Show subject of article. The article is about a work of art, so showing an image of it is critical to the article. |
| Replaceable? |
only with some other photograph of the same statue, but any photograph would equally be a derivative of the copyrighted statue. |
| Other information |
The uploader on the Russian Wikipedia (Участник:ShinePhantom) has released HIS part of the work (the actual photograph) under Creative Commons Attribution-Share Alike 3.0. However, the Russian Government claims copyright as owner of the SUBJECT of the photograph. Because it is the SUBJECT for which copyright is claimed, no other photograph could replace this one to any better effect. |
| Fair useFair use of copyrighted material in the context of Tatishchev Monument (Tolyatti)//en.wikipedia.org/wiki/File:Tatischev_Monument,_Tolyatti_-_Long_View.jpgtrue | |
Licensing[edit]
 | This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) whoever holds copyright of the original has the exclusive right to authorize derivative works. Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright. It is believed that the use of a picture
qualifies as fair use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, might be copyright infringement. |
Well, I'm not sure how to figure out the licensing, actually. It's complicated, I guess.
On the one hand, the person who took the actual photograph released his rights to the photograph. On the other hand, the Russian Government has its hand in this too. See ru:Шаблон:FoP-Russia for the description of their take on the matter (of course, it's in Russian and good luck with that). Whether the Russian Government has the right or ability to restrict using photos of its stuff in this way, I don't know. Wikipedia:Freedom of panorama has something to say on the matter, but that is just an essay.
I also note that there are scads and scads of photos of monuments and buildings owned by the Russian government on Commons. If those are legit than this is, I guess. I'm not sure that they are legit, though. If images under Template:FoP-USonly are legit than I suppose this one is also (not sure - different countries) and if not, then not. Or something. Advice from someone who in versed in all this would be welcome. Herostratus (talk) 23:47, 5 April 2011 (UTC)
File history
Click on a date/time to view the file as it appeared at that time.
| Date/Time | Thumbnail | Dimensions | User | Comment | |
|---|---|---|---|---|---|
| current | 15:44, 6 March 2017 | | 387 × 257 (9 KB) | DatBot (talk | contribs) | Reduce size of non-free image (BOT - disable) |
| 23:39, 5 April 2011 | No thumbnail | 800 × 533 (38 KB) | Herostratus (talk | contribs) | {{Non-free use rationale |Article = Tatishchev Monument (Tolyatti) |Description = Photo of equestrian statue |Source = Russian Wikipedia: [http://ru.wikipedia.org/wiki/Файл:Tatischev_monument,_Tolyatti,_Russia.JPG |Porti |
You cannot overwrite this file.
