Wikipedia talk:Copyright problems/2008 March 26/Images

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[edit] Image:Snoopy World.jpg

The reporting editor of Image:Snoopy World.jpg in Wikipedia:Copyright problems/2008 March 26/Images said "Figures of Snoopy World are considered copyrighted works. Making a photograph in this way makes a derivative work". I am not sure, thoughts?

Oh, wow... to be a derivative work, it has to be an original work based on the copyrighted characters, meaning there has to be some creativity. That's arguable _if_ we consider the woman standing behind the figures as part of the photo. If we do, it is a derivative work. However, if there's no creativity, it's not a derivative work but is instead a likeness of the characters, as in a screenshot or a copy of a newspaper comic strip, which means the uploader would have to prove it falls under fair use.

The Peanuts article has lots of fair use images, and the photo isn't one-of-a-kind or historically significant. The woman in the back arguably makes this a derivative work. So, if it were me, I'd delete the image under I9. I hate to say better safe than sorry, but I think that's where we are here. The alternative is to cross it off here and send it to WP:IFD for discussion. What do you think? KrakatoaKatie 05:41, 8 April 2008 (UTC)

I took a look at M:Open and free to confirm that derivative work applies and checked that the upload requirements would be for a fair use as an alternitive. I think I will go ahead and delete it as I9. There does not seem to be any interest in keeping the image and there are multiple rationale for deleting. Jeepday (talk) 02:18, 9 April 2008 (UTC)