Wikipedia talk:Featured article candidates/Berlin to Kitchener name change/archive1

Blurb

Bust of Kaiser Wilhelm I in Victoria Park

The Berlin to Kitchener name change refers to the 1916 votes changing the name of Berlin, Ontario to Kitchener. The town was named after the German capital, but after Canada's entry into the WWI, that name became unpopular. A May 1916 vote to change the name was characterized by intimidation and high turnout; "yes" won by a slim margin. A vote in June settled on Kitchener as the new name, after the recently deceased British officer Horatio Herbert Kitchener. The name officially changed on 1 September 1916. Most residents of Berlin and nearby Waterloo were of German origin, but following the start of the war in August 1914, German Canadians experienced increasing anti-German sentiment and community leaders sought a new name or amalgamation with Waterloo. Rising tension culminated in soldiers of the 118th Battalion ransacking German clubs and attacking a Lutheran preacher. Towns across the English-speaking world retreated from their German culture, but the Ontario change distinguished itself by the levels of violence and protest.(Full article...)

Image review

File:VictoriaPark-Kitchener-KaiserBust-1914.jpg, File:VictoriaPark-Kitchener-KaiserMonument.jpg When was it first published? (t · c) buidhe 15:28, 31 March 2021 (UTC)[reply]

All sources I've read indicate that the author of 1905 image is unknown; the Waterloo Public Library simply says the image is in the public domain. The second image was taken by Ernest Denton (1883–1957). The Kitchener Public Library website indicates the image is in the public domain. Tkbrett (✉) 16:27, 31 March 2021 (UTC)[reply]
While looking up info on the two images you mentioned, I discovered another image on the Kitchener Public Library website and have added it to the page. It was first published in the Toronto Star on 16 March 1916. Tkbrett (✉) 17:05, 31 March 2021 (UTC)[reply]
- That's fine, the issue here is that just because something is PD in Canada, it may not be in the US because of URAA. In order to pass an image review you have to show that the image is in public domain in US where our servers are. For example, if it was PD in Canada on 1 January 1996 (the URAA date) it would be OK, otherwise it would generally be copyrighted 95 years after publication. (t · c) buidhe 18:18, 31 March 2021 (UTC)[reply]
  - From the licensing info I have updated on the Wikimedia pages, each photograph is not subject to Crown copyright and was created prior to January 1, 1949. Is this enough to show that the images were PD in Canada by 1 January 1996? Tkbrett (✉) 19:15, 31 March 2021 (UTC)[reply]
    - I am not sure based on c:Commons:Copyright rules by territory/Canada. If you are going to upload an image to Commons, for future reference, it is required that you can show it is in the public domain both in US and the source country, see c:Commons:Copyright rules. (t · c) buidhe 19:20, 31 March 2021 (UTC)[reply]
      - Ah, that first Commons page you linked to was extremely helpful here. It mentions "All photographs (except those subject to Crown Copyright, for which see below) taken before 1 January, 1949 are in the public domain." Canada's Copyright Act is from 1985, so that means these photos were PD in Canada before 1 January 1996. Thanks for the links – this is an area that has always confused me, but now I think I'll be able to better prove PD in the future. Tkbrett (✉) 19:39, 31 March 2021 (UTC)[reply]
      - I found a superb picture on the KPL website and have added it to the page. It is PD in Canada b/c it was published before 1 January 1949. It is PD in the US b/c (1) it was first published outside of the US (25 May 1916 in a Berlin newspaper), (2) it was published before Canada and the US established copyright relations (1 January 1924) and (3) it was PD in Canada on the URAA date (1 January 1996). Tkbrett (✉) 14:57, 3 April 2021 (UTC)[reply]
        Yes, that image's licensing looks fine to me as well. (t · c) buidhe 15:31, 3 April 2021 (UTC)[reply]
        Regarding the first two images you queried, I think I have cleared it up. They are both PD in Canada b/c they were created prior to January 1 1949 (1905 and 1914). They are PD in the US b/c:
        (1) They were first published outside the US (and not published in the US within 30 days): the 1914 image first shows up in Moyer 1979, published in Burlington, Ontario's Windsor Publications, p. 55; the second in English & McLaughlin 1983, Wilfrid Laurier University Press, p. 109. Neither image seems to have been published in any contemporary newspapers. I have not found any evidence that either image has ever been published in the US.
        
        (2) they were first published before 1 March 1989 without copyright notice: the books came out in 1979 and 1983 and neither are appended with copyright notices, given that both images were already PD in Canada. And,
        
        (3) they were both PD in Canada on the URAA date (1 January 1996).
        
        I've added this information to both Wikimedia pages. Tkbrett (✉) 16:51, 3 April 2021 (UTC)[reply]
        
        User talk:Tkbrett How do you know it was PD in Canada on the URAA date? I'm not following that from Canada copyright act.[1] (t · c) buidhe 17:00, 3 April 2021 (UTC)[reply]
        User:buidhe: Two parts put together. First: "1993, c. 44, ss. 60(2), (3), Application of amendments to s. 10, (2) Subject to subsection 75(2) of this Act, section 10 of the Copyright Act, as enacted by subsection (1) of this section, applies to all photographs, whether made before or after the coming into force of this section." (my emphasis)
        
        Section 10 was repealed in 2012, but since we're talking about what the law was in 1996 it is relevant here. Expanding "10 [Repealed, 2012, c. 20, s. 6]", it says "10 (1) Where the owner referred to in subsection (2) is a corporation, the term for which copyright subsists in a photograph shall be the remainder of the year of the making of the initial negative or plate from which the photograph was derived or, if there is no negative or plate, of the initial photograph, plus a period of fifty years." So I understand that to mean that these photos became PD in Canada in 1955 and 1964. Tkbrett (✉) 17:28, 3 April 2021 (UTC)[reply]