Image talk:Amyphoto.jpg

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[edit] Fair Use Permission Granted to Wikipedia by Copyright Owner

Copyright owner Ohio School Pictures graciously granted Wikipedia permisson to use the photograph on 7 August 2007. Permission was granted for use in Wikipedia article concerning the disapperance and death of Amy Mihaljevic. Docmentation of this permission granted can be found on the talk page of this image. BlueSapphires 10:57, 8 August 2007 (UTC)

[edit] Mention of Appreciation to Ohio School Pictures

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To Whom it May Concern:

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It is with great pleasure that I send thanks to Ohio School Pictures, copyright holder of the 1989 school photograph of Amy Mihaljevic, for their gracious gift of a formal release sent to me today. Ohio School Pictures has provided that Wikipedia should have permission to publish the 1989 school photograph of Amy Mihaljevic in the Wikipedia article concerning her disappearance and murder. I'm sure that I represent everyone's opinion when we express our greatest appreciation to Ohio School Pictures for their kind support and generosity in this gesture. We'll take good care of her picture and hopefully this will serve the greater public good.

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Sincere regards,

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BlueSapphires BlueSapphires 11:03, 8 August 2007 (UTC)

[edit] Copy of the Release to Wikipedia from Ohio School Pictures

August 7, 2007

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Ms. Sapph, Editor

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Wikipedia

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Please consider this a release to use a picture of Amy Mihaljevic that was taken in 1989 for use in an article describing her disappearance and murder.

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If there are any questions, please contact us at one of the numbers listed.

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Thank you.

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Customer Service

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Ohio School Pictures

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FOUR-FOUR-ZERO-TWO-THREE-FOUR-ONE-THREE-THREE-SEVEN

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ONE-EIGHT-ZERO-ZERO-THREE-SIX-FIVE-TWO-FIVE-TWO-FIVE

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Customerservice-AT-ohioschoolpictures-DOT-COM

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(Added by BlueSapphires 8 August 2007) BlueSapphires 11:03, 8 August 2007 (UTC)

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[edit] Raw Email Granting Wikipedia Permission to Use Photo, from Ohio School Pictures, 7 August 2007

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Please note that I've edited the email to replace -AT- and -DOT-COM so that Ohio School Pictures and my gmail account won't be spammed as a result of this being published. I've also edited all phone numbers into literal form for the same reason. Headers for the email are included so as to verify validity of receipt of this email. Thanks, BlueSapphires 11:03, 8 August 2007 (UTC)
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Delivered-To: sapphires.blue-AT-gmail-DOT-COM Received: by 10.65.116.11 with SMTP id t11cs767qbm;

Tue, 7 Aug 2007 14:21:12 -0700 (PDT)

Received: by 10.35.51.19 with SMTP id d19mr12265712pyk.1186521671918;

Tue, 07 Aug 2007 14:21:11 -0700 (PDT)

Return-Path: <customerservice-AT-ohioschoolpictures-DOT-COM> Received: from mail.ohioschoolpictures-DOT-COM (mail.ohioschoolpictures-DOT-COM [66.94.95.35])

by mx.google-DOT-COM with ESMTP id y45si9565472pyg.2007.08.07.14.21.10;
Tue, 07 Aug 2007 14:21:11 -0700 (PDT)

Received-SPF: pass (google-DOT-COM: best guess record for domain of customerservice-AT-ohioschoolpictures-DOT-COM designates 66.94.95.35 as permitted sender) Received: from CS01S [66.94.95.34] by mail.ohioschoolpictures-DOT-COM with ESMTP

(SMTPD-9.21) id A25C0200; Tue, 07 Aug 2007 17
21:32 -0400

From: "Customer Service" <customerservice-AT-ohioschoolpictures-DOT-COM> To: "'Blue Sapphire'" <sapphires.blue-AT-gmail-DOT-COM> Subject: release Date: Tue, 7 Aug 2007 17:21:11 -0400 MIME-Version: 1.0 Content-Type: multipart/alternative;

boundary="----=_NextPart_000_0006_01C7D917.598FCCE0"

X-Mailer: Microsoft Office Outlook, Build 11.0.5510 Thread-Index: AcfZOOAgcEKpm/E7TymbukV50ry9Ww== X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 Message-Id: <20070807172110.SM04660-AT-CS01S>

This is a multi-part message in MIME format.

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August 7, 2007






Ms. Sapph, Editor

Wikipedia



Please consider this a release to use a picture of Amy Mihaljevic that was taken in 1989 for use in an article describing her disappearance and murder.


If there are any questions, please contact us at one of the numbers listed.


Thank you.


Customer Service

Ohio School Pictures

FOUR-FOUR-ZERO-TWO-THREE-FOUR-ONE-THREE-THREE-SEVEN

ONE-EIGHT-ZERO-ZERO-THREE-SIX-FIVE-TWO-FIVE-TWO-FIVE

Customerservice-AT-ohioschoolpictures-DOT-COM

[edit] Email 1: Raw Email Determining Ohio School Pictures as Bay Middle School Photographer

  • Email (with original headers) confirming that Ohio School Pictures is the photographer for Amy’s school. Email addresses have been edited to replace for the “@” with “–AT-“, and “-DOT-COM” with, “-DOT-COM”, so as to limit the spam-damage towards my gmail account, as well as to Ohio School Pictures. Headers have been included for reference validity purposes. BlueSapphires 11:07, 8 August 2007 (UTC)

Delivered-To: sapphires.blue-AT-gmail-DOT-COM Received: by 10.65.116.11 with SMTP id t11cs582311qbm;

Tue, 7 Aug 2007 07:56:39 -0700 (PDT)

Received: by 10.35.68.16 with SMTP id v16mr11798923pyk.1186498599126;

Tue, 07 Aug 2007 07:56:39 -0700 (PDT)

Return-Path: <customerservice-AT-ohioschoolpictures-DOT-COM> Received: from mail.ohioschoolpictures-DOT-COM (mail.ohioschoolpictures-DOT-COM [66.94.95.35])

by mx.google-DOT-COM with ESMTP id n80si9190641pyh.2007.08.07.07.56.38;
Tue, 07 Aug 2007 07:56:39 -0700 (PDT)

Received-SPF: pass (google-DOT-COM: best guess record for domain of customerservice-AT-ohioschoolpictures-DOT-COM designates 66.94.95.35 as permitted sender) Received: from CS01S [66.94.95.34] by mail.ohioschoolpictures-DOT-COM with ESMTP

(SMTPD-9.21) id A83C0140; Tue, 07 Aug 2007 10:57:00 -0400

From: "Customer Service" <customerservice-AT-ohioschoolpictures-DOT-COM> To: "'Blue Sapphire'" <sapphires.blue-AT-gmail-DOT-COM> Subject: RE: School: Bay Middle School Date: Tue, 7 Aug 2007 10:56:38 -0400 MIME-Version: 1.0 Content-Type: multipart/alternative;

boundary="----=_NextPart_000_001B_01C7D8E1.A10C0830"

X-Mailer: Microsoft Office Outlook, Build 11.0.5510 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 Thread-Index: AcfY9MV4qXunatexRgGVRhjTSg0vxwADlFFA In-Reply-To: <b4b3d680708070613h3b965ed4ya66ecb2df97f6a1d-AT-mail.gmail-DOT-COM> Message-Id: <200708071057119.SM05632-AT-CS01S>

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Yes, we take pictures at Bay Village Middle School.

Thank you.

Customer Service

OSP

[edit] Email 2: Raw Email Determining Ohio School Pictures to be Bay Middle School Photographer in 1989, year of photograph

  • Email (with original headers) confirming that Ohio School Pictures is the photographer for Amy’s school. Email addresses have been edited to replace for the “@” with “–AT-“, and “-DOT-COM” with, “-DOT-COM”, so as to limit the spam-damage towards my gmail account, as well as to Ohio School Pictures. Headers have been included for reference validity purposes. BlueSapphires 11:11, 8 August 2007 (UTC)


Delivered-To: sapphires.blue-AT-gmail-DOT-COM Received: by 10.65.116.11 with SMTP id t11cs584602qbm;

Tue, 7 Aug 2007 08:31:36 -0700 (PDT)

Received: by 10.35.91.1 with SMTP id t1mr11844102pyl.1186500696509;

Tue, 07 Aug 2007 08:31:36 -0700 (PDT)

Return-Path: <customerservice-AT-ohioschoolpictures-DOT-COM> Received: from mail.ohioschoolpictures-DOT-COM (mail.ohioschoolpictures-DOT-COM [66.94.95.35])

by mx.google-DOT-COM with ESMTP id n44si12747906pyh.2007.08.07.08.31.35;
Tue, 07 Aug 2007 08:31:36 -0700 (PDT)

Received-SPF: pass (google-DOT-COM: best guess record for domain of customerservice-AT-ohioschoolpictures-DOT-COM designates 66.94.95.35 as permitted sender) Received: from CS01S [66.94.95.34] by mail.ohioschoolpictures-DOT-COM with ESMTP

(SMTPD-9.21) id A06D0144; Tue, 07 Aug 2007 11:31:57 -0400

From: "Customer Service" <customerservice-AT-ohioschoolpictures-DOT-COM> To: "'Blue Sapphire'" <sapphires.blue-AT-gmail-DOT-COM> Subject: RE: School: Bay Middle School Date: Tue, 7 Aug 2007 11:31:35 -0400 MIME-Version: 1.0 Content-Type: multipart/alternative;

boundary="----=_NextPart_000_0025_01C7D8E6.83308020"

X-Mailer: Microsoft Office Outlook, Build 11.0.5510 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 Thread-Index: AcfZBtUBZwXgAYKeSfCyyPoHNmGgFwAAGf6g In-Reply-To: <b4b3d680708070822w6177dc98jfce31b5d6cd52bdd-AT-mail.gmail-DOT-COM> Message-Id: <200708071131510.SM04660-AT-CS01S>

This is a multi-part message in MIME format.

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Yes, we did. Since we are in an office building, do close to 600 schools, and we went digital a couple of years ago, we are sorry but we do not have any records past the last two years.


Thank you.


Customer Service

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From: Blue Sapphire [1] Sent: Tuesday, August 07, 2007 11:23 AM To: Customer Service Subject: Re: School: Bay Middle School


Please, did you take pictures at that school in 1989?


Thank you.


Ms. Sapph

[edit] Problems with "permission only"

  • This release is meaningless for Wikipedia. Wikipedia accepts imagery under two broad categories; non-free license and free license. Release to Wikipedia is not a category that is accepted. Thus, this image MUST be treated under terms of fair use unless the copyright holder specifically releases the image under a free license. I'm retagging this image, and requesting a fair use rationale be added, else the image will be deleted. --Durin 13:36, 8 August 2007 (UTC)
I was wondering about that as well. I was the first person to delete the image, and I did so as it had been tagged for deletion for seven days, as missing a rationale. It was re-uploaded by the same person, still without a rationale. He subsequently re-uploaded it twice more, following deletions. I happen to think it would be inappropriate to write to the family of a murdered little girl asking them to release a photo under GFDL, allowing derivative works, etc., so, although it goes against my normal instincts, I'd actually prefer fair use in this case, or no image at all. It was argued at the deletion review that we'd need to determine who the copyright holder was, so that we could put a valid source in the image page. We now know who it is, so we can source it appropriately. But Wikipedia does not recognise "Special permission to Wikipedia" (see here). If the photo isn't released under a free licence (and for once, I think it shouldn't be), then we can only use it as fair use. Obviously, fair use with the consent of the copyright holder is better than fair use without that consent, but it's still fair use. My guess is that the rationale will have to cover Wikipedia:Non-free content criteria#8, and explain that the omission of the photo would be detrimental to readers' understanding of the topic. It would be nice if we can use the image, but having permission is just a start. ElinorD (talk) 15:35, 8 August 2007 (UTC)
  • Concur entirely with ElinorD. Common sense should be used here; contacting the family (if they are the copyright holder) probably isn't a good idea. --Durin 19:18, 8 August 2007 (UTC)
Whatabout a little respect for someone trying to write a fair use rationale when she's busy at work in a place with a bad internet connection and hyperactive image editors with loads of time on their hands re-edit every freaking change she makes. For the love of God, isn't there other images to dissect? Give me a damned hour to have the thing open and shut without you puttting new delete tags on it. This is disrespectful and angering. BlueSapphires 19:46, 8 August 2007 (UTC)
  • There's no intent to anger. Please, we're just trying to keep things properly tagged here. The only deletion tag on the image now allows seven days to provide a rationale. This is a reasonable time frame. --Durin 19:49, 8 August 2007 (UTC)

[edit] Fair use rationale

A fair use rationale must be provided for this image. Even with it being used under a permission to use on Wikipedia, there must be a rationale for the image to be used under terms of fair use. I've twice tagged this image with a missing rationale tag today. Continuing to remove the tag without providing the rationale is completely inappropriate regardless of the DRV. Please see WP:FURG for fair use rationale guidelines and write the rationale. Thank you, --Durin 19:18, 8 August 2007 (UTC)

The same applies for the image size, which should be reduced to less than one megapixel to comply with WP:NFCC#3b. Videmus Omnia Talk 19:26, 8 August 2007 (UTC)
  • Agreed, regardless of permissions granted to us. The permissions just do not matter. It's either free license, or it isn't. If it isn't (and it isn't in this case) then we treat it like any other non-free imagery here, under long established policy. --Durin 19:39, 8 August 2007 (UTC)