Wikipedia:WikiProject Visual arts/Public art/Image guide: Difference between revisions

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{{Wikipedia:WikiProject Visual arts/Public art/Tab header}}

==What is the copyright of the image?==

==Things to know==

Content uploaded to Wikimedia Commons is freely available for anyone to copy, edit, and use, providing they use the same copyright and they provide attribution. For this reason, copyrighted material may only be uploaded to Commons if it is out of copyright or has a copyright that allows this. Wikipedia also allows some '''[[Wikipedia:Non-free content|Fair use]]''' that are not allowed on Commons, but only under [[Wikipedia:Image use policy|certain special circumstances]] and for the illustration of specific articles.

* Articles should have at least one image that is located in the infobox.

* Once your image is uploaded (see How-To below), you will be placing the exact image file name in the provided Infobox (see [[Wikipedia:WikiProject Public art/Article template| Public art article template]].)

* Non-free use images can only be used sparingly in articles (See [[WP:NFCC#3a]]) and <u>cannot</u> be used in [[Wikipedia:PIC#Galleries| Galleries]]. It is usually very difficult to justify more than one low-res image of the same work if one item can convey equivalent information. This often rules out the inclusion of close-ups when there is already an image of the whole work.

* If you are creating new photographs of an artwork, it is recommended that you first upload them to a [http://www.flickr.com/|Flickr account], and then upload them to [http://en.wikipedia.org/wiki/Special:Upload| Wikipedia] or [http://commons.wikimedia.org/wiki/Main_Page| the Commons], depending on the copyright restrictions. This provides photographic documentation which will be included in the Non-Free use Rationale.

* If you want to use an image from Flickr that's not yours, make sure you read [http://commons.wikimedia.org/wiki/Commons:Flickr_files *these guidelines*].

===Who took the picture?===

'''Your articles should contain at least one image, placed in the Infobox.'''

* It is easiest if you only load photographs that you took.

* Add an image to your article only after it is live in Wikipedia main space.

::- Your photograph of someone else's work of art is considered a '''[[Derivative work]]'''.

* [[United States copyright law]] is complicated. Make sure you read and follow the [[Wikipedia:Image use policy|image use policy]].

::- Copyright restrictions may still remain for the artwork itself.

* Use this handy [[Wikipedia:Finding images tutorial|Finding images tutorial]]

* If you're using someone else's photograph, you have to consider the copyright restrictions of both the photographer and the artist of the artwork.

* [http://www.flickr.com/ Flickr] is a very good place to store your images if you are creating new photo documentation about an artwork, and can be a good transitional space to Wikipedia.

::- This will make uploading to Wikipedia much more difficult.

::- If you want to use an image from Flickr that's not yours, make sure you read '''[http://commons.wikimedia.org/wiki/Commons:Flickr_files these guidelines]'''.

::- Check out the '''[[Wikipedia:Finding images tutorial|Finding images tutorial]]'''.

===Where was it taken?===

* In the UK you have a [[freedom of panorama]] right, so if you are in a public place in the UK you can take photographs of anything that is permanently displayed. This covers statues and buildings, except for "temporary exhibits". There is no '''[[Commons:Freedom of panorama|Freedom of Panorama]]''' in the US, which means that works there are automatically copyrighted and only old public art is in the public ___domain. Other countries will have other laws, though I think that most are similar to either the UK or the US - but you do need to know what the law is where you took the photograph.

===How old is the artwork?===

* Typically, older artworks are considered to be in the public ___domain, while new artworks are not. Basic rule of thumb:

::'''Before 1923 = Upload to Commons'''

::'''After 1923 = Upload to Wikipedia'''

* If it was published '''before 1923''' in the US, it is out of copyright (published means presented to the public and a distinct concept from creation).

* If it was published before 1989 in the US and no copyright notice was added, then it is likely in the public ___domain (artists who failed to give notice could have later rectified the problem through several formal steps).

::-See this chart of [https://copyright.cornell.edu/publicdomain public ___domain scenarios] for more details.

==Uploading images==

Unless you are uploading fair use images it is best to load images to Commons rather than Wikipedia, once they are on Commons they can easily be used by all language versions of Wikipedia and on many other projects.

*If you are loading small numbers of images then [[:commons:Special:UploadWizard]] allows you to upload up to ten images at a time. Large projects may be better done by bot.

Images need meaningful names, the more meaningful the more likely they are to be used. Giving them that name before uploading is easier than naming them after uploading.

Images need [[Wikipedia:Category|categories]], and you should include at least one when you load it. You can add more later, but uploading an image without categories will look problematic to some and may cause others to waste their time trying to identify your photos.

If you are loading photos taken in a particular museum or gallery consider including them in a category for that collection.

Other relevant categories would be for the creator of the artwork, the era and or artistic style, subject and material.

Image need descriptions. This is an opportunity to thank the institution for allowing photography, and to explain the subject of the image and give other information.

=== Tips ===

When uploading a closely related group of images such as several views of a particular statue it can be easier to create a category for the statue on commons and load them all with that category rather than add the same set of categories to each image.

===Important Non-Free (Fair Use) policies===

* In order to claim that an image is '''[[Wikipedia:Non-free use rationale guideline|fair use]]''' you must comply with all 10 '''[[WP:NFCC|non-free content criteria]]'''.

* Non-free use images can only be used '''[[WP:NFCC#3a|sparingly]]''' in articles in order to provide basic visual identification of the artwork.

:-You can only claim "fair use" for low resolution images.

:-Non-Free images cannot be used in '''[[WP:PIC#Galleries| Galleries]]''', '''article drafts''', or '''lists'''. This is considered excessive use of fair use images.

:-Close up or detail photos are typically not permitted if the image is Non-Free.

:-Non-free images should only be uploaded after your article is live as unused non-free images need to be deleted from wikipedia

* The proper license for these kinds of images is {{tl|Non-free 3D art}}. The template clearly states that a fair-use rationale must be used (see below).

* You will be uploading your image into '''[[Special:Upload | Wikipedia]]''', NOT '''[[Commons:Upload | the Commons]]'''.

==How-to upload images to Wikipedia==

Before you begin, things to know:

* You will be uploading your image into [[Special:Upload | Wikipedia]], NOT [[Commons:Upload | the Commons]].

* Always advocate that the image is educational and also can be used for critical commentary in your articles.

* Be as specific in your information as you can.

* Always include the Non-free use rationale and Non-free 3D art templates.

* When you upload a photo, the image file will have its own Wikipedia page and edit screen. To edit information regarding the photo, you will be editing the image file page, NOT your main article.

* Always advocate that the image is educational and also can be used for critical commentary in your articles.

* See the [http://en.wikipedia.org/wiki/File:MegaGemFront%28South%29.JPG| Mega-Gem image file] for an example.

* Always include the Non-free use rationale and Non-free 3D art templates ('''<nowiki>{{Non-free 3D art}}</nowiki>''') and be as specific in your rationale as you can.

* See the '''[http://en.wikipedia.org/wiki/File:MegaGemFront%28South%29.JPG Mega-Gem image file]''' for an example.

# '''Upload''' your image to '''[http://www.flickr.com/| Flickr]''' (the unique link to your photo will be used in your Non-free use rationale).

::''Choose "Attribution Share Alike Creative Commons" as your copyright designation, or else it won't be able to be uploaded to Wikipedia.''

# Start out at the website http://en.wikipedia.org/wiki/Special:Upload

# '''Begin''' on '''[[Special:Upload|Wikipedia's upload page]]'''.
# '''Select''' a '''low resolution''' image to upload from your computer, making sure it is the same one uploaded to Flickr.

# '''Rename''' your image's file with the title of the artwork and artist's last name.

# Fill out the '''Summary''' section with the [[Template:Non-free use rationale]] & <nowiki>{{Non-free 3D art}}</nowiki> Template. Simply copy and paste:

# '''Complete''' the '''Summary''' section with the [[Template:Non-free use rationale]] & <nowiki>{{Non-free 3D art}}</nowiki> Template.<br>

::'''Simply copy and paste:'''

<pre>

{{Non-free use rationale

| Description = <List title of work, artist, date, date of photo & side of the work the
image is showing (ex: proper front).>

| Source = <Direct link to the same image on Flickr.>

| Article = <The exact title of your article that the image will be in.>

| Portion = The image shows one side of the copyrighted work of art.

| Low resolution = Yes

| Purpose = The image serves as the primary means of visual identification of the
artwork (the sculpture).

| Replaceability = There is no free equivalent of this sculptureartwork's image,
so the imageit cannot be replaced by a free image.

| Other information = The use of the image on Wikipedia will not affect the value of the original work in a negative way

a negative way or limit the copyright holder's rights or ability to distribute the original.

}}

Line 43 ⟶ 84:

{{Non-free 3D art}}

</pre>

5. Leave the '''Licensing''' drop down tab alone. (You already included Licensing information in the Summary).<br>

6. Choose the '''Upload''' button.<br>

7. If you need to update anything in your Summary section, click the Edit button to update the template.<br>

8. Navigate to your main article; Click to '''Edit''' the page.<br>

9. In Edit: in the '''Infobox''', type the EXACT NAME (like Exact_Name.JPG) of the photo you uploaded into the "image_file" slot.<br>

10. Create an image size for the "image_size" slot. Try '''200px''' or '''320px'''. Keeping it smaller is more appropriate for non-free images.

11. Preview and/or '''Save''' your work!<br>

6. '''Edit''' the sections of the template that are in <brackets> with information specific to your artwork. Be sure to '''remove''' the <brackets> after you update this information.<br>

==How-to upload images to The Commons==

7. Leave the '''Licensing''' drop down tab alone. (You already included Licensing information in the Summary).<br>

* Find images in Flickr that have Creative Commons licensing.

8. ''' Click''' the '''Upload''' button.<br>

*If your artwork was made before 1923, it is possible that you can upload an image of it to The Commons. Follow the instructions at [[Commons:Upload]]

9. '''Update''' anything in your Summary section by clicking the Edit button and updating the template.<br>

*For photographs of 2-D paintings or similar 2-D artwork, please use the Commons template [[Commons:Template:Painting|Painting]] and follow the guidance at [[Commons:Template:Painting/doc]].

10. '''Navigate''' to your main article and '''Edit''' the page.<br>

*For photographs of 3-D objects, please use the Commons template [[Commons:Template:Information|Information]] and follow the guidance at [[Commons:Template:Information/doc]].

11. '''Update''' the '''Infobox''' with the image by copying and pasting the file name into the "image_file" parameter.<br>

:-Use the exact name (like Exact Name.JPG), removing the word FILE, but keeping the file extension (.JPG).

:-Use spaces if they are in the title, not underscores. <br>

12. '''Create''' an image size for the "image_size" slot. Try '''200px''' or '''320px'''. Keeping it smaller is more appropriate for non-free images.<br>

13. '''Preview''' and/or '''Save''' your work!<br>

===Uploading Copyright free images to Commons===

*If your artwork was made before 1923, it is possible that you can upload an image of it to Commons.

*If you don't have your own image, you can still find images in Flickr that have Creative Commons licensing.

*Follow the instructions at '''[[Commons:Upload]]'''

*Follow the directions as laid out above, but choose the appropriate template from below (don't copy and paste the non-free template from above).

:-For photographs of 2-D paintings or similar 2-D artwork, use the Commons template '''[[Commons:Template:Painting|Painting]]''' and follow the guidance at [[Commons:Template:Artwork/doc]].

:-For photographs of 3-D objects, use the Commons template '''[[Commons:Template:Information|Information]]''' and follow the guidance at [[Commons:Template:Information/doc]].

==Resources==

* Must-read WP resources: [[Commons:Freedom of panorama]] & [[freedom of panorama]].

* Good pages to skim: [[Wikipedia:Non-free content]], [[Wikipedia:Non-free use rationale guideline]]

* A similar project was undertaken recently that used images that were taken inside museums and then uploaded to Flickr, and then put into WP: [[Wikipedia:Wikipedia Loves Art]]

* Useful links for putting images into Wikipedia.

: [[Wikipedia:Manual_of_Style#Images| Manual of Style for Images]]

: [[Wikipedia:Images| Images: An intro]]

: [[Wikipedia:Uploading images| Uploading images]]

: [[Wikipedia:Image copyright tags| Copyright tags]]

: [[Nimmer on Copyright]]''<ref>Nimmer, Melville B., and David Nimmer (1997). ''Nimmer on Copyright''. Albany: Matthew Bender.</ref>''

: [[Wikipedia:Non-free content| A bit about Fair Use]]

==Copyright discussion==

If you really want to know the details of [[United States copyright law]], you should read [[Nimmer on Copyright]]''<ref>Nimmer, Melville B., and David Nimmer (1997). ''Nimmer on Copyright''. Albany: Matthew Bender.</ref>'' it is considered "the Bible" of copyright law.

Here's a summary, which was compiled from conversations with [[User:Aboutmovies|Aboutmovies]],[[User:Ww2censor|ww2censor]], [[User:Nancy|<span style="font-family:Segoe Script;color:#FF6600;font-size:14px">Nancy</span>]], and others.

If you take a picture, you do own the copyright to that picture. But the copyright to the work of art (painting, sculpture, etc.) may be owned by an artist who created the work of art. Thus, your work is a '''derivative work''', and unless you have permission from the copyright owner of the work of art, it is a '''copyright violation''' if you try to do certain things with it. For instance if you try to sell your picture.

To be clear: if the '''artist holds the copyright of his/her work''' (or someone else owns it by inheritance, sale, etc.) then in all likelihood '''you cannot upload it to WP Commons!''' The caveat there would be if you received written permission from the copyright holder of the work of art to allow you to upload it under a free license that allows for a variety of uses, including commercial use.

'''Fair use''' may apply. But, '''WP Commons does not allow for fair use images''', so no fair use images can be uploaded there. '''You can only put fair use images into Wikipedia.''' To make a fair use claim, you would have to discuss the topic in the article, and to cover the intent of the fair use exceptions under U.S. copyright law. Also you will likely need to limit the images to only a few lower resolutions images of the artwork. The proper licence for these kinds of images is {{tl|Non-free 3D art}} (that template clearly states that a fair-use rational must be used.) Further, the images '''MUST''' comply with all 10 [[WP:NFCC|non-free content criteria]], which preclude using galleries under the minimal use criteria.

However, not all artworks are copyrighted. Just like any copyrightable item, works of art may not be covered due to several issues:

* If it was published '''before 1923''' in the US, it is out of copyright (published means presented to the public and a distinct concept from creation).

* If it was published before 1989 in the US and no copyright notice was added, then it is likely in the public ___domain (artists who failed to give notice could have later rectified the problem through several formal steps).

* If the item was published after 1923 and if its copyright was not renewed, it might be in the public ___domain. And there are even more exceptions--see [http://www.copyright.cornell.edu/resources/publicdomain.cfm this chart for the full complexity.]

To sum things up. If it is '''really old art work, no problems'''. If it is newer, best to '''upload it as fair use'''.

==Notes==

{{reflist}}

[[Category:Public art task force|Image guide]]