Commons:Deletion requests/User:BrokenSphere/Credits

User:BrokenSphere/Credits

My reading of this template is that it requires anyone who wants to use the image other than for the three exceptions listed must contact BrokenSphere and possibily negotiate terms. That is not permitted by licenses acceptable to Commons -- the potential user must be free to simply use the image for any purpose, subject only to attribution and share-alike. I can't believe that we haven't brought this up before -- it appears on almost 17,000 images -- but there's no DR on the discussion page. The reason may be that he did not add the restrictive language to the template until June and July of this year. He has not added any new files in more than two years. .     Jim . . . . (Jameslwoodward) (talk to me) 22:44, 28 October 2013 (UTC)

The wording may be a bit misleading as it states "a message is appreciated" and a bit lower "you don't need to contact me if" --Denniss (talk) 22:52, 28 October 2013 (UTC)

He says

"For limited use as outlined below, you do not need to contact me but may need to follow any other attribution requirements:"

and then lists two limited uses. I read that to mean that for any other uses, including commercial use, you must contact him. That's not acceptable. .     Jim . . . . (Jameslwoodward) (talk to me) 09:20, 29 October 2013 (UTC)

At any rate, the template is not clear and implies that permission is required even if it doesn't directly say so. The wording seems to have been chosen so that without careful reading you would assume permission must be sought/negotiated. Terms like:

• "use of this file outside of the licensing terms is a copyright violation"
• "If you would like special permission to use...the file, please contact me to negotiate licensing terms."
• "For limited use as outlined below, you do not need to contact me..."

Girabbit85 (talk) 12:41, 4 November 2013 (UTC)

My intent with this template was to give a heads so that I would be contacted in the event of potential commercial use. This was based on seeing a few other user templates that mentioned that they would be open to use of their images in a commercial manner. I tried to give some examples where permission wouldn’t be necessary and asked to at least receive notice that an image was in use elsewhere. However, I acknowledge that the end result can cause confusion and is more restrictive than intended. I am open to suggestions on modifying the language. BrokenSphere (Talk) 16:56, 6 November 2013 (UTC)

•  Keep My interpretation of the uploader's original supplementary comments was consistent with their restating immediately above. Uploader acknowledged that the heads-up they requested was a courtesy. Since my initial reading was consistent with what the uploader actually meant I don't think the supplementary comment needs to be re-written. Since 2009 I have left a heads-up on every flickr image I uploaded. The CC license doesn't require this, but flickr uploaders do appreciate it.

I think we should almost always refrain from second-guessing what uploaders really meant when they applied valid licenses to their images.

Finally, BrokenSphere, this is a fine image -- thanks for sharing it. Geo Swan (talk) 17:09, 7 November 2013 (UTC)

Perhaps we have a misunderstanding of Commons requirements here. BrokenSphere says above:

"My intent with this template was to give a heads so that I would be contacted in the event of potential commercial use. This was based on seeing a few other user templates that mentioned that they would be open to use of their images in a commercial manner. I tried to give some examples where permission wouldn’t be necessary and asked to at least receive notice that an image was in use elsewhere."

For all images kept on Commons, permission is never necessary -- all uses are permitted, including commercial use and derivative works by anyone, anywhere. This broad permission may be subject only to attribution and share-alike if the copyright holder chooses either or both.

Since permission is never necessary, giving a few examples of where it isn't necessary can only confuse inexperienced potential users and imply that permission is necessary for uses not listed.

With that understood, I would be comfortable with:

"This file (photograph, motion picture, graphic or audio recording) was created by BrokenSphere. It is not in the public domain and use of this file outside of the licensing terms is a copyright violation. If you would like to use this image outside of Wikimedia projects, I would appreciate it if you let me know by sending me an email (preferred) or leaving a note on my talk page as a courtesy.

I would appreciate notice of where image(s) are being used so that I can link to them.

Please credit authorship as follows: © BrokenSphere / Wikimedia Commons. Where source attribution is required, you may link to this file page."

I would also be comfortable with adding:

"For use within the terms of the CC-BY-SA license, no permission is required. If you would like special permission to use, license, or purchase the file for use without the BY and/or SA requirements, please contact me to negotiate licensing terms."

.     Jim . . . . (Jameslwoodward) (talk to me) 21:05, 8 November 2013 (UTC)

I appreciate keeping things simple. How's this:

This file (photograph, motion picture, graphic or audio recording) was created by BrokenSphere. It is not in the public domain and use of this file outside of the licensing terms is a copyright violation. If you would like to use this image outside of Wikimedia projects, I would appreciate it if you let me know by sending me an email (preferred) or leaving a note on my talk page as a courtesy. I would appreciate notice of where image(s) are being used so that I can link to them.

Please credit authorship as follows:  © BrokenSphere / Wikimedia Commons. Where source attribution is required, you may link to this file page.

For use within the terms of the CC-BY-SA license, no permission is required. If you would like special permission to use, license, or purchase the file for use without the BY and/or SA requirements, please contact me to negotiate licensing terms.

BrokenSphere (Talk) 03:49, 10 November 2013 (UTC)

That's fine -- if you'll change the template to match that, I'll close this as Kept -- drop a note on my talk page if that doesn't happen soon. .     Jim . . . . (Jameslwoodward) (talk to me) 16:11, 21 November 2013 (UTC)

 Done BrokenSphere (Talk) 19:51, 22 November 2013 (UTC)