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File:View of central square in tolyatti, russia.jpg

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View_of_central_square_in_tolyatti,_russia.jpg (365 × 273 pixels, file size: 22 KB, MIME type: image/jpeg)

Summary

[edit]
File information
Description

photograph, view of central square in Tolyatti, Russia, show statue of St. Nicholas and monument to the city's founders

Source

ru:Файл:Памятник Николаю Чудотворцу (Тольятти).jpg

Date

May 2014

Author

Тара-Амингу

Permission
(Reusing this file)

No permission. There's permission from the photographer but he's not in a position to give permission.


Licensing

[edit]
Non-free media information and use rationale true for Central Square (Tolyatti)
Description

photograph, view of central square in Tolyatti, Russia, show statue of St. Nicholas and monument to the city's founders

Source

Russian Wikipedia (ru:Файл:Памятник Николаю Чудотворцу (Тольятти).jpg)

Article

Central Square (Tolyatti)

Portion used
Low resolution?

It's not that small or low res, admittedly. Probably could stand to be shrunk down and maybe smeared up some.

Purpose of use

Show (a portion of) the entity "Central Square". See bullet #8 below.

Replaceable?

Cannot be replaced, see bullet #1 below.

Other information

On the Russian Wikipedia, the uploader claimed to own the copyright (as the photographer) and donated it to the public domain. But this is wrong -- he can't do that, since freedom of panorama in neither Russia or the USA includes statues. So it's not a free file.

Fair useFair use of copyrighted material in the context of Central Square (Tolyatti)//en.wikipedia.org/wiki/File:View_of_central_square_in_tolyatti,_russia.jpgtrue

Fair use rationale (see WP:NFCCP)

  • 1) No free equivalent. Since there's no freedom of panorama here (it's an artwork), you'd need the permission of the copyright holder. This is not reasonably possible. The statue is located in a foreign land, under foreign laws, using a foreign language, and in possibly one of remoter places on the planet -- think if Toledo were located in Montana and how remote and obscure that would seem to a person in Russia. So first of all, who knows who the sculptor is? Not me. And the chance of finding out is extremely remote at best. Second of all, who knows who holds the copyright -- the sculptor? The City of Tolyatti? Samara District? the Russian Federation? The sculptor's employer (if not one of these)?. What if the sculptor is dead -- how do Russian estate laws work? IANARL (I am not a Russian lawyer) and neither are you. Third of all, even if you could find out who the sculptor is, and find out who held the copyright, and contact them, would they give you permission to put a photo of the entity under a free license? No, they wouldn't; why should they? Obviously, few things in this world are impossible. But let's be realistic: there's never going to be a provably free photo of this statue and this structure, not in this century.
  • 2) Respect for commercial opportunities. OK. There's no market for a photo of this obscure statue as far as I can tell.
  • 3) Minimal usage. Well, it's only used in the article on Central Park, where it sits. And a thumbnail in the list article. It's pretty minimal.
  • 4) Previous publication. Well, it was published in the Russian Wikipedia by the person who took the photo and gave away all his rights (which are nil, legally, I guess, but FWIW he did do that; there's a moral dimension here since the person who takes a photo own the rights to it in all cases except weird exceptions, of which this is one, and the photographer giving away his right counts for something IMO).
  • 5) Content. Check.
  • 6) Media-specific policy. Meets Wikipedia:Image use policy AFAIK.
  • 7) One-article minimum. Check.
  • 8) Contextual significance. Yes I guess so. It's a matter of opinion I suppose. IMO you can't fully understand the entity "Central Square" without seeing how it looks. This is true of many geographic entities IMO. Whether this photo helps enough to make it worth overriding our usual stricture against using copyrighted works neither I nor anyone can say with certainty. A picture of the large barren parking lot might be more realistic; don't have one of those.
  • 9) Restrictions on location. Check.
  • 10) Image description page. Check; you're looking at it.

File history

Click on a date/time to view the file as it appeared at that time.

Date/TimeThumbnailDimensionsUserComment
current06:01, 13 December 2015Thumbnail for version as of 06:01, 13 December 2015365 × 273 (22 KB)Theo's Little Bot (talk | contribs)Reduce size of non-free image (BOT - disable)
20:47, 6 December 2015No thumbnail800 × 600 (117 KB)Herostratus (talk | contribs)Uploading a file from a free published source using File Upload Wizard

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