Commons:Village pump/Copyright

‎Israeli Air Force logos: typo fix to my comment re: burden of proof
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Revision as of 03:16, 22 March 2013
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:::::I assume this means that the [[:Template:Non-free symbol|"Non-free symbol"]] licensing of [[:en:File:The Scorpion Squadron.gif|File:The Scorpion Squadron.gif]], [[:en:File:Knights of the North Squadron.png|File:Knights of the North Squadron.png]], and [[:en:File:Bat Squadron Israel.gif|File:Bat Squadron Israel.gif]] is no longer being challenged as well as no evidence has been provided that they were created more than fifty years ago and are thus still copyright protected under both §42 of the Israeli Copyright Act of 2007 and as stated in the IAF [http://www.iaf.org.il/Templates/BottomBar/BottomBar.aspx?lang=EN&lobbyID=74&folderID=76 License Agreement]. To change them to [[:Template:PD-IsraelGov|"PD-IsraelGov"]] would first require ''affirmative'' proof that their copyrights have expired. [[User:Centpacrr|Centpacrr]] ([[User talk:Centpacrr|talk]]) 02:37, 22 March 2013 (UTC)
 
:::::I assume this means that the [[:Template:Non-free symbol|"Non-free symbol"]] licensing of [[:en:File:The Scorpion Squadron.gif|File:The Scorpion Squadron.gif]], [[:en:File:Knights of the North Squadron.png|File:Knights of the North Squadron.png]], and [[:en:File:Bat Squadron Israel.gif|File:Bat Squadron Israel.gif]] is no longer being challenged as well as no evidence has been provided that they were created more than fifty years ago and are thus still copyright protected under both §42 of the Israeli Copyright Act of 2007 and as stated in the IAF [http://www.iaf.org.il/Templates/BottomBar/BottomBar.aspx?lang=EN&lobbyID=74&folderID=76 License Agreement]. To change them to [[:Template:PD-IsraelGov|"PD-IsraelGov"]] would first require ''affirmative'' proof that their copyrights have expired. [[User:Centpacrr|Centpacrr]] ([[User talk:Centpacrr|talk]]) 02:37, 22 March 2013 (UTC)
 
::::::You made a reasonable case that one of the logos may have been created after 1962, thus opening the possibility that some, most or all of those logos were created after their squadrons were created or after 1962. In the face of this uncertainty, I'm content to see them all as non-free logos. I might also mention... ''again''... because you keep bringing it up, that the IAF website is irrelevant here. In this and all cases, copyright law takes precedence. – [[User:Jbarta|JBarta]] ([[User talk:Jbarta#top|talk]]) 02:50, 22 March 2013 (UTC)
 
::::::You made a reasonable case that one of the logos may have been created after 1962, thus opening the possibility that some, most or all of those logos were created after their squadrons were created or after 1962. In the face of this uncertainty, I'm content to see them all as non-free logos. I might also mention... ''again''... because you keep bringing it up, that the IAF website is irrelevant here. In this and all cases, copyright law takes precedence. – [[User:Jbarta|JBarta]] ([[User talk:Jbarta#top|talk]]) 02:50, 22 March 2013 (UTC)
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:::::::With respect I think I made far more than a "reasonable case that one of the logos ''may'' have been created before 1962" but in fact a very ''positive'' case that the affirmative evidence proves that it was not -- and ''could'' -- not have been produced ''before'' 1978. The more important point, however, is that an essential prerequisite for applying [[:Template:PD-IsraelGov|"PD-IsraelGov"]] in this case, or ''any'' PD licensing template in any other situation, to a file is that whoever does so is obliged to be able to provide ''affirmative proof'' that the file is in fact PD based on the expiration of its copyright term or for whatever other reason as opposed to just ''speculating'' that such is the case. In other words the ''burden of proof'' is on the editor who ''makes'' the claim that a file is PD, not on the rest of the community to prove that the file is ''not'' copyright protected. Following that simple policy should eliminate 99% of the copyright disputes on WP. [[User:Centpacrr|Centpacrr]] ([[User talk:Centpacrr|talk]]) 03:15, 22 March 2013 (UTC)
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:::::::With respect I think I made far more than a "reasonable case that one of the logos ''may'' have been created before 1962" but in fact a very ''positive'' case that the affirmative evidence proves that it was not -- and ''could'' not -- have been produced ''before'' 1978. The more important point, however, is that an essential prerequisite for applying [[:Template:PD-IsraelGov|"PD-IsraelGov"]] in this case, or ''any'' PD licensing template in any other situation, to a file is that whoever does so is obliged to be able to provide ''affirmative proof'' that the file is in fact PD based on the expiration of its copyright term or for whatever other reason as opposed to just ''speculating'' that such is the case. In other words the ''burden of proof'' is on the editor who ''makes'' the claim that a file is PD, not on the rest of the community to prove that the file is ''not'' copyright protected. Following that simple policy should eliminate 99% of the copyright disputes on WP. [[User:Centpacrr|Centpacrr]] ([[User talk:Centpacrr|talk]]) 03:15, 22 March 2013 (UTC)

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