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[edit] Image guidelines

Images and photographs, like written works, are subject to copyright. Someone owns them unless they have been explicitly placed in the public domain. Images on the internet need to be licensed directly from the copyright holder or someone able to license on their behalf. In a few cases, fair use policy may allow a photograph to be used.

Image description pages must be tagged with a special tag to indicate the legal status of the images, as described at Wikipedia:Image copyright tags. Untagged or incorrectly-tagged images will be deleted.

[edit] Public domain images

Apart from images which have been specifically released into the public domain, the following images are public domain in the United States.

[edit] Images first published in the United States

• Images first published before January 1st, 1923.
• Images created by officers or employees of the U.S. federal government as part of their official work. (17 U.S.C. §105)

This does not include images created by government contractors, images created by state or local governments (unless state law provides otherwise, as is the case with California) or images created by government employees in the course of their private life. (definition of a "work of the United States Government" at 17 U.S.C. §101) Be careful, however: not all images on .mil and .gov websites are in the public domain! The U.S. government uses commercial images under licence just as most publishers do, and an image does not fall into the public domain simply because the U.S. government has used it.

• Images first published between January 1st, 1923 and December 31st, 1963 whose copyright was not renewed. However,

Wikipedia assumes that copyright was renewed unless there is proof (from the U.S. Copyright Office) that this is not the case.

[edit] Images first published outside the United States

• Images which were in the public domain in their country of origin on January 1st, 1996. A large number of foreign

copyrights were restored on that date by the Uruguay Round Agreements Act of 1994: these copyrights continue for the normal U.S. term of copyright (17 U.S.C. §301(e)), that is 95 years after publication for images published before January 1st, 1977 (17 U.S.C. §304) and 70 years after the death of the creator for images first published after that date (17 U.S.C. §302).[1] However, U.S. copyright was not restored if the work was in the public domain in its country of origin. This applies to all countries which are either members of the World Trade Organization (WTO)[2] or signatories of the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), and also to Vietnam (by Presidential proclamation).[3]

• Images which were first published in a country with which the United States has no copyright relations, if these images

are in the public domain in their country of origin. Copyrights arising in a small number of countries cannot be enforced in the United States: however Wikipedia respects these copyrights as a matter of policy,[4] for ethical reasons and because these copyrights may become enforceable in the future. The countries concerned, as of January 1st, 2003, are: Afghanistan, Bhutan, Ethiopia, Iran, Iraq and San Marino.[5] Similar considerations apply to copyrights arising in Eritrea, Kiribati, North Korea, Nauru, Palau, Sao Tomé and Principe, Seychelles, Somalia, Syria, Tuvalu, Vanuatu and Yemen, whose copyright relations with the United States are "unclear" as of January 1st, 2003.[6] Most of these countries are observers at the WTO, and are so required to start membership negotiations if they have not already done so.[7]

• Images which were first published in a country which is not a member of the WTO nor a signatory

of the Berne Convention but which has other copyright relations with the United States, if these images are in the public domain in their country of origin. The countries concerned, as of January 1st, 2003, are: Andorra, Laos, Turkmenistan and Uzbekistan. These countries are all signatories of the Universal Copyright Convention (Geneva Act, 1952).

• Images first published before January 1st, 1923, if these images are in the public domain in their country of origin.

Note that images produced by non-U.S. governments are covered by U.S. copyright to the same extent as works produced by private citizens, ie they are protected unless they fall into one of the categories above. Some governments allow the use of their images on terms which are equivalent to a free-use licence: see Wikipedia:Image copyright tags for more details. Photographs taken during World War II are protected by the copyright agreements between the United States and the post-war countries concerned: the vast majority of such photographs (except official photographs taken by the U.S. and UK governments) are still under copyright.

[edit] Images which are not elegible for copyright

Some images are inherently ineligible for copyright protection because they are based exclusively on common knowledge with no element of creativity: an example would be Image:F Major key signature.png. However, there is no reason to use such images from a third-party source, as they are so simple that a Wikipedian could create a version which we know who the author is (and may well be of a higher quality than the image found elsewhere). Such images are marked with the tag {{PD-ineligible}}.

[edit] Artwork and architecture

If the image represents a two-dimensional work of art, such as a painting, there is no new copyright created in the image over and above the original copyright in the work of art. In other words, contributors need to check the copyright status of of the original painting etc—it follows the same rules given above for other images—before uploading. Some museums and galleries claim copyright in images of works of art which are out of copyright: such claims appear to be unenforceable in the United States.

The above ruling only applies to two-dimensional works of art, not sculptures. If a photographer owns a copyright in a photograph of a sculpture, but not in a photograph of a painting. If the sculpture itself is still protected by copyright, the photographer will not be able to publish the photograph without the permission of the owners of the copyright in the sculpture. See also {{sculpture}}.

Buildings may also be covered by copyright, which is owned in the first instance by the architect. However, under United States law (17 U.S.C. §120), the copyright holder has no claim over images ("pictorial representations", including photographs) of a building which is visible from a public place. The photographer owns the sole copyright in such a photograph.

[edit] Celebrity photographs

This is based on the image guidelines at IMDB, so it especially applies to celebrity photographs, but also can apply to other pictures. Legitimate photographs generally come from three different places with permission.

1. The studios, producers, magazine publisher, or media outlet that originally shot the photograph.
2. Agencies that represent the photographers who shot the photos or the photographer themself (the latter especially for amateur photographs)
3. Submissions from the celebrity himself or herself or a legal representative of the celebrity.

[edit] Fair use

Wikipedia accepts the use of images under the United States doctrine of "fair use" (17 U.S.C. §107 and case law) if they comply with Wikipedia fair use policy and if no free use alternatives are available. Contributors must justify why they feel that the use of a copyrighted image in a given article qualifies as "fair use" under U.S. law. See Wikipedia:Fair use for more details.

[edit] Dodgy tags

[edit] Public domain

This file has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. This applies worldwide.

Note: This tag is obsolete! Please use instead: {{PD-old}} (for works out of copyright where the author has been dead for over 100 years), {{PD-art}} (for photos of old paintings), {{PD-ineligible}} (for trivial work), {{PD-USGov}} (for work by the U.S. government), {{PD-US}} (for work that is public domain for the U.S. only), {{PD-self}} (if the uploader releases the rights), {{PD-user|user}} (if another user released his/her rights), or {{No rights reserved}}. If the work is PD for another reason, check the copyright tag page or use {{PD-because|reason}}.

This image is in the public domain in the United States because it was published before 1923; its copyright has also expired in those countries with a copyright term of life of the author plus 50 years.

This image is in the public domain because its copyright has expired in the United States and those countries with a copyright term of life of the author plus 70 years or less.
Subject to disclaimers.

{{subst:PD-art-50}} {{subst:PD-art-70}}

[edit] Foreign private copyrights

Under Iraqi copyright legislation, passed by The Revolution Leadership Council in 1971, a copyright lapses 25 years after the death of the author, but no more than fifty years after the publication of the work. It is shorter for private works, and there are several public interest exemptions." "Iraq does not have a reciprocal copyright agreement with the United States". [8] Works first published in a foreign country are subject to protection under United States copyright law if, "on the date of first publication", that country is "a country or intergovernmental organization other than the United States that is a party to" "(1) the Universal Copyright Convention; (2) the Geneva Phonograms Convention; (3) the Berne Convention; (4) the WTO Agreement; (5) the WIPO Copyright Treaty; (6) the WIPO Performances and Phonograms Treaty; [or] (7) any other copyright treaty to which the United States is a party." [9] [10]

The copyright of this photography registered in Argentina has expired, as at least 20 years have passed after being first published (Law 11.723, Article 34 and their modifications). Nevertheless, its author and source must be acknowledged. Esta imagen está en el dominio público puesto que por la Ley 11.723, Artículo 34 de Argentina y sus modificaciones todas las obras fotográficas pasan al dominio público luego de pasados 20 años de su primera publicación. Sin embargo, su autor y origen deben ser acreditados.

	This image was created in Australia and is now in the public domain because its term of copyright has expired. According to the Australian Copyright Council (ACC), ACC Information Sheet G23 (Duration of copyright) (Sep 2005), generally copyright has expired as follows:
Type of material Copyright has expired if ...  A  Photographs or other works published anonymously, under a pseudonym or the creator is unknown: taken or published prior to 1955-01-01  B  Photographs (except A): taken prior to 1955-01-01  C  Artistic works (except A & B): the creator died before 1955-01-01  D  Published editions1 (except A & B): first published more than 25 years ago  E  Commonwealth or State government owned2 photographs: first published more than 50 years ago
1means the typographical arrangement and layout of a published work. eg. newsprint. 2owned means where a government is the copyright owner as well as would have owned copyright but reached some other agreement with the creator.

	This Canadian work is in the public domain in Canada because its copyright has expired for one of the following reasons: 1. it was subject to Crown copyright and was first published more than 50 years ago, or it was not subject to Crown copyright, and 2. it is a photograph that was created before January 1, 1949, or 3. the creator died more than 50 years ago.
	The media description page should identify which reason applies, and should also have a rationale explaining the copyright status of the work in the U.S. Some Canadian photographs created before 1949 may be copyrighted outside of Canada, such as e.g. the images of Yousuf Karsh.

This image is now in the public domain because its term of copyright has expired in China. According to copyright laws of the People's Republic of China (with legal jurisdiction in the mainland only, excluding Hong Kong and Macao) and the Republic of China (currently with jurisdiction in Taiwan, the Pescadores, Quemoy, Matsu, etc.), all photographs enter the public domain fifty years after they were first published, and all non-photographic works enter the public domain fifty years after the death of the creator.

This work is in the public domain in Germany and other jurisdictions. According to the Urheberrechtsgesetz (UrhG) (copyright Laws) of Germany, photographic works are copyrighted for 70 years after the death of the photographer (UrhG §§ 2, 64), and then enter the public domain.

This image is now in the public domain because its term of copyright has expired in India. According to Indian Copyright Law, all photographs enter the public domain after sixty years counted from the beginning of the following calendar year (as of 2007, prior to 1947-01-01) after they were first published.

This image is now in the public domain because its term of copyright has expired in Iran. According to the Iranian Law for Supporting Authors, Composers, and Artists (قانون حمایت حقوق مؤلفان و مصنفان و هنرمندان), passed on 11 Dey 1348 (January 1, 1970) and published in the official newspaper number 7288 on 21 Bahman 1348 (February 1, 1970), copyright in photographs and movies lasts 30 years from the date of publication or presentation; and copyright in other images lasts for the life of the creator plus 30 years.

This image is now in the public domain because its term of copyright has expired in Ireland. According to section 24 of the Copyright and Related Rights Act, 2000, all literary, dramatic, musical or artistic works enter the public domain after seventy years counted from the beginning of the following calendar year (ie. as of 2006, prior to 1936-01-01) after either the death of the author, or, if the author is unknown or pseudonymous, the date of publication.

This image was created in Italy and is now in the public domain because its term of copyright has expired. According to Law of 22 April 1941 n. 633, revised by the law of 22 May 2004, n. 128 article 87 and article 92, all non artistic photographs enter the public domain after 20 years counted from the beginning of the following calendar year (ie. as of 2006, prior to the 1st of January, 1986) after they were first published. Artistic photographs enter in the public domain after 70 years. This does not apply in the United States and further justification must be provided for the work to be usable on Wikipedia.

This image is in the public domain in the Netherlands and the former Dutch East Indies and Netherlands New Guinea. This is because it was first published more than 70 years ago, or because the author has died more than 70 years ago. The copyright has therefore expired. [11]

This image from New Zealand is in the public domain both in New Zealand and in other countries adhering to international copyright treaties, because its author died more than 50 years ago. See the Copyright Act 1994.

This image is now in the public domain because its term of copyright has expired in Pakistan. According to Pakistani copyright laws, all photographs enter the public domain fifty years after they were created, and all non-photographic works enter the public doman fifty years after the death of the creator.

The following work is in the public domain in the Philippines and possibly other jurisdictions as stated by Republic Act No. 8293 because the expressed work was either released into the public domain by the copyright holder, the copyright has expired, or the work is ineligible for copyright. Under RA 8293, unless the copyright has been renewed or the work was released into the public domain, photographic and audio-visual works are no longer protected by copyright law after 50 years from publication or creation and applied art is no longer protected by copyright law after 25 years of creation. [12] This applies worldwide.

According to the non-retroactive copyright law of July 10, 1952, of the People's Republic of Poland, all photographs by Polish photographers published before the law was changed on May 23, 1994 that are without a clear copyright notice are assumed to be in the public domain. This applies worldwide.

This work is in the public domain because it has no copyright within the Russian Federation, and possibly other jurisdictions. This is because the copyright is disclaimed under Article 8 (Works not Protected by Copyright) of the Law of the Russian Federation on Copyright and Neighboring Rights. Specifically excluded from copyright protection under this provision are official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof; State emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs); works of folklore; communications concerning events and facts that have informational character.

This Swedish photograph is free to use either of these cases: For images of an artistic or scientific significance (photographic creations / fotografiska verk) , the image is public domain if the photographer died before January 1, 1944 unless the photographer is unknown and can not be traced, when the images is public domain if it was created before January 1, 1944. For photographic images (fotografiska bilder), such as images of the press, the image is public domain if created before January 1, 1969, in accordance with transitional regulations 1994. The photographer, if known, should always be credited. Note: These images should preferably be uploaded to Wikimedia Commons

According to the Article 10 of the Law of Ukraine on Copyright and Related rights this work is in the public domain within Ukraine because it is one of the following: (a) daily news or details of current events that constitute regular press information; (b) works of folk art (folklore); (c) official documents of a political, legislative or administrative nature (laws, decrees, resolutions, court awards, State standards, etc.) issued by government authorities within their powers, and official translations thereof; (d) State symbols of Ukraine, government awards; symbols and signs of government authorities, the Armed Forces of Ukraine and other military formations; symbols of territorial communities; symbols and signs of enterprises, institutions and organizations; (e) bank notes; (f) transport schedules, TV and radio broadcast schedules, telephone directories and other similar databases that do not meet the originality criteria and to which the sui generis right (a particular or special right) is applicable. Note that drafts of anything that falls under sections (d) and (e), unless officially approved are under copyright. Hence it is assumed that this image has been released into the public domain worldwide. However use of this image within Ukraine might be subject to usage restrictions regulated by other laws.

The works originally published in the Soviet Union before May 27, 1973, were not protected by International Copyright Conventions. It is believed [1] that they belong to the public domain in many countries including the U.S. However in some of the ex-Soviet countries, some of these works might still be protected by copyright.

1. ^ L.I. Podshibikhin, K.B. Leontiev, Realization of Bern declaration in Russian Federation

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As per the Law of the Republic of Belarus: No. 370-XIII of May 16, 1996 Full text Section 2. Copyright, Article 8. Works that are not Objects of Copyright 1. Shall not be objects of copyright: formal documents (laws, judgements, other texts of legal, administrative and judicial nature), and also their official translations; state symbols and signs (flag, coat of arms, anthem, awards, banknotes and other signs); works of folk arts, authors of which are not known. Hence it is assumed this image is in the public domain worldwide, although if it falls under one of the first two categories, it may be subject to usage restrictions within the country of Belarus.

| |}

[edit] Foreign government copyrights

This work is in the public domain worldwide. This is because either:

1. It is a photograph created by the United Kingdom Government more than 50 years ago; or
2. It is an engraving created by the United Kingdom Government and commercially published more than 50 years ago; or
3. It is an artistic work other than a photograph or engraving which was created by the United Kingdom Government more than 50 years ago.

See Copyright, Crown copyright artistic works and HMSO Email Reply.

According to the Czech Copyright Act, this image is in the public domain. (Law No. 121/2000, Article 3, Section a.) "Protection pursuant to this Act shall not apply to an official work, such as a legal regulation, decision, public charter, publicly accessible register and the collection of its records, and also an official draft of an official work and other preparatory official documentation including the official translation of such work, Chamber of Deputies and Senate publications, a memorial chronicle of a municipality (municipal chronicle), a state symbol and symbol of a regional self-governing unit, and other such works where there is public interest in their exclusion from copyright protection." Hence it is assumed that this image has been released into public domain.

This file depicts a coat of arms of a German Körperschaft des öffentlichen Rechts (corporation governed by public law). According to § 5 Abs. 1 of the German Urheberrechtsgesetz (copyright law), amtliche Werke (official works) like coats of arms are gemeinfrei (in the public domain). Please note: The usage of coats of arms is governed by legal restrictions, independent of the copyright status of the depiction shown here.

According to the Republic of Lithuania Law on Copyright and Related Rights (passed on May 18, 1999 and amended on March 5, 2003) Chapter II, Section 1, Article 5, case 3: "Copyright shall not apply to official State symbols and insignia (flags, coat-of-arms, anthems, banknote designs, and other State symbols and insignia) the protection of which is regulated by other legal acts." Hence it is assumed that this image has been released into the public domain. However, in some instances the use of this image might be regulated by other laws.

The following work is in the public domain in the Philippines and possibly other jurisdicions as stated by Republic Act No. 8293 because this is a work of the Philippine government. Under RA 8293, all Philippine government works are ineligible for copyright. However, in some instances, the use of this work in the Philippines or elsewhere may be regulated by this law or other laws. [13]

According to Romania's Law on Copyright and Related Rights nr.8 of 14 march 1996 (modified by Law nr.285 of 23 june 2004) this image is in the public domain. Article 9 of the above law states that: The following are not eligible for legal protection of copyright: .... c) official symbols of the state, of public authorities and of organisations, such as: The coat of arms, the seal, the flag, the emblems, the badges and the medals; d)means of payment; .... Hence this image has been released into public domain.

This image is in the public domain in South Africa and possibly other jurisdictions. This is because it is a under work of the South African Government and was published more than 50 years ago. The copyright has therefore expired.

This photographic picture has been released by the Government of Sweden, to be used freely for whatever purpose. See [14]. In accordance with Swedish law and the Berne Convention, the photographer must be attributed. This applies worldwide.

Image:Sweden lesser arms.png

This image is in the public domain because it depicts a Swedish road sign, produced by the Swedish Road Administration (Vägverket). The image may be used freely.

This image is protected by New Zealand Crown copyright. Some Crown agencies allow their material to be reproduced free of charge in any format or medium provided it is reproduced accurately and not used in a misleading context; see this template's talk page for a list of such agencies. The source of the material must be identified and the copyright status acknowledged. Subject to disclaimers.

This work has no copyright existing in it in New Zealand and possibly other jurisdictions. This is because Crown copyright is disclaimed under Section 27(1) of the Copyright Act 1994 (NZ). Specifically excluded from copyright protection under this provision are Bills, Acts, regulations, municipal bylaws, Hansard, select committee reports, court judgments, Royal commission reports, commission of inquiry reports, ministerial inquiry reports and statutory inquiry reports that were produced by the respective NZ Government entity (usually a parliamentary or judicial one). [15] [16] [17] [18] (Some minor exceptions in copyright from works incorporated into Section 27(1)-compliant publications may apply -- see Sections 27(1A) and 27(1B) for details.)

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| | align="center" | This image is protected by British Crown copyright. Limitations on its distribution are defined at the original site of publication, and are not altered by its reproduction here. Those terms may include, but may not be limited to its reproduction being accurate, free of charge in any format or medium, and not used in a misleading context. The source of the material must be identified and the copyright status acknowledged. HMSO has explicitly stated in official correspondence that material under Crown Copyright may not be relicensed under the GFDL.

For the purposes of Wikipedia, this is a non-free license, since modification is not permitted. | |}

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