File:Aleshamurm.jpg Knowpia

Summary edit

It is a photo of the monument "Defenders of the Soviet Arctic during the Great Patriotic War" in Murmansk. It is taken from the Russian Wikipedia, here and the license info is there. The photo has been released under Creative Commons Attribution-Share Alike 3.0 by the person who (says he) took the picture, Russian Wikipedia user V1P3R. However, in Russia, photos of public installations are not free except for noncommercial use -- so this photo can't be on Commons (and probably shouldn't be on the Russian Wikipedia, I think). And for just the photo itself:

This image is a derivative work of separately copyrighted work.
It is, therefore, treated on Wikipedia as non-free and each use within an article must satisfy the non-free content criteria.
Re-users of this content, in addition to needing a fair use or similar legal claim to use the depiction of the copyrighted work, must also respect the rights of the derivative author by complying with the following terms:

I, the copyright holder of this work, hereby publish it under the following license:

Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.2 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.

This work is licensed under the Creative Commons Attribution-ShareAlike 3.0 License.

This licensing tag was added to this file as part of the GFDL licensing update.

If this image is of an artwork on display in a public location in a jurisdiction that permits freedom of panorama (such as the UK), then please remove {{Photo of art}} tag, placing the photographer's 'free' license in this section of the media description page

The original work shown is under the following license:

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) whoever holds copyright of the original has the exclusive right to authorize derivative works.

Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright.

It is believed that the use of a picture

to illustrate the three-dimensional work of art in question,
to discuss the artistic genre or technique of the work of art
or to discuss the artist or the school to which the artist belongs

on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, might be copyright infringement.
Fair use

See here for Commons's take on Russian "freedom of panorama", but remember that applies only to Commons, not the English Wikipedia. Herostratus (talk) 09:32, 17 October 2011 (UTC)

Non-free media data
Description	Photo of the statue "Defenders of the Soviet Arctic during the Great Patriotic War"
Source	From the Russian Wikipedia, where it was uploaded by user V1P3R who says he took the photo and released under the usual GDFL license.
Portion used	Portion. Well it shows the whole statue. But only the front, and from one angle, so I guess the portion is somewhat less than 50%.
Low resolution?	I guess this is not applicable. It's a fairly high-res photo.

Non-free media rationale for Defenders of the Soviet Arctic during the Great Patriotic War
Article	Defenders of the Soviet Arctic during the Great Patriotic War
Purpose of use	Well, the article is about the statue. Having a picture of the statue is pretty central to the gist of the article, I would say.
Replaceable?	It's not replaceable, no. The objection is around freedom-of-panorama and any other photo would have the same problem. I suppose it could be replaced by a drawing.

Licensing edit

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) whoever holds copyright of the original has the exclusive right to authorize derivative works.

Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright.

It is believed that the use of a picture

to illustrate the three-dimensional work of art in question,
to discuss the artistic genre or technique of the work of art
or to discuss the artist or the school to which the artist belongs

on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, might be copyright infringement.
Fair use

Just want to point out 1) this applies only to the PHOTO, not the SUBJECT, and 2) "I" am not the copyright holder -- the person who originally uploaded it to the Russian Wikipedia is. But there doesn't seem to be any template to say "Another person (not me) has published it under the GDFL..." Herostratus (talk) 05:14, 21 October 2011 (UTC)