Image talk:Mondrian CompRYB.jpg

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[edit] Not Public Domain!

This painting is not in the public domain in the United States! The caption of this image in the Piet Mondrian article states quite clearly that it is dated 1939-1942, so it was not published before 1923. That article goes on to state that none of the works of Mondrian will be in US public domain until at least 2014.

That said, someone else would have to clarify whether the photograph of the partial work is in the public domain. I are not a copyright expert. Mana Gement 03:28, 18 July 2007 (UTC)

If this is the case, the image should not have been tagged as Public Domain by the uploader. The image *may* qualify as fair use in certain contexts, however. See Wikipedia:Non-free_content#Acceptable_images and Wikipedia:Copyright_FAQ#What_is_fair_use.3F. I am not an expert on this, however. I've added the {{hangon}} tag to the image to allow time for discussion of this issue. --Kurt Shaped Box (talk) 23:43, 29 December 2007 (UTC)
I've done a bit of research, and I believe Mana Gement is correct about the date. So, I agree that the public domain tagging is incorrect. Thus, the question is whether anyone wants to look at fair use rationales for the various uses of the image.--Kubigula (talk) 03:18, 30 December 2007 (UTC)
I uploaded the image and the rules say I can't take the speedy delete notice off. So, below is more info about the image and fair use rationale. --sparkitTALK 04:19, 30 December 2007 (UTC)
Artwork image information
Title Composition with Yellow, Blue, and Red
Artist Piet Mondrian (1872-1944)
Year 1921
Creation location
Type Oil on canvas
Height 69
Width 72.5
Depth
Units cm
City London
Museum/Gallery Tate Gallery
Source http://www.ibiblio.org/wm/paint/auth/mondrian/ryb.jpg
Permission fair use/art
Other notes

Fair use rationale:

  1. This is a significant work that could not be conveyed in words.
  2. There is no alternative, public domain or free-copyrighted replacement available.
  3. Inclusion is for information, education and analysis only.
  4. Its inclusion in the article(s) adds significantly to the article(s) because it shows the subject, or the work of the subject, of the article(s).
  5. The image is a low resolution copy of the original work of such low quality that it would be unlikely to impact sales of the work.
Copyrighted This image is of a drawing, painting, print, or other two-dimensional work of art, and the copyright for it is most likely owned by either the artist who produced the image, the person who commissioned the work, or the heirs thereof. It is believed that the use of low-resolution images of works of art
  • for critical commentary on
    • the work in question,
    • the artistic genre or technique of the work of art or
    • the school to which the artist belongs
  • on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Non-free content for more information.

To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Image description page, as well as the source of the work and copyright information.
Copyrighted This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the articles "Piet Mondrian", "History of painting", "Portal:Arts/Featured article/Old", "Oil painting", "Western painting" and "De Stijl":
  • To illustrate the subject in question
  • Where no free equivalent is available or could be created that would adequately give the same information
  • On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation ([1]),

qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights.

To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.
  • The Tate's page on the picture[2] puts the date between '37-'44. Unless there is a stronger source that corroborates the '21 date, it appears it is not in the public domain. Given that there is a proposed fair use rationale, I have removed all tags from the image pending further clarification.--Kubigula (talk) 05:00, 30 December 2007 (UTC)