File:Banksy-ps2.jpg Knowpia

Summary edit

Description

English: Banksy graffiti on the Bottom of Park Street Bristol.

Source

Transferred from en.wikipedia; transferred to Commons by User:Mattbuck using CommonsHelper. Copied back to wikipedia per discussion at Wikipedia:Featured article candidates/Bristol/archive1

Date

7 April 2008

Author

Original uploader was Ajuk at en.wikipedia. The photographer's rights have been released under the following licences:

Permission
(Reusing this file)

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:

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 work prominently depicts a work of illegal graffiti which might not be in the public domain and has not been released under a free license.

Occasionally graffiti will be kept, using the claim that an author might be denied any copyright relief based on an illegal act; however, there is no evidence of this legal theory being tested. See commons:Commons:Copyright rules by subject matter#Graffiti.

Official Commons policy is the precautionary principle, which rejects claims such as "The copyright owner will not bother to sue or cannot afford to." or "Nobody knows who the copyright owner is".

Complex understanding of the law may be required to determine whether the graffiti in this work would actually be eligible for copyright enforcement.

It is believed that the use of low-resolution images of graffiti,

to illustrate graffiti in question,
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, may be copyright infringement. See Wikipedia:Non-free content for more information.

Fair use

To the uploader:

Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information.
For example non-free use rationales, see Wikipedia:Use rationale examples.
This tag is only for use on images of graffiti.
Template:Non-free use rationale logo may be helpful for stating the rationale.

Regarding uses other than in the original article:

A detailed non-free use rationale is required for every article the logo is used in. Check the non-free use criteria and do not assume that existing rationales can be simply copied and pasted, as they may not necessarily apply.

To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

51°27′12.06″N 2°36′4.07″W / 51.4533500°N 2.6011306°W / 51.4533500; -2.6011306

Original upload log edit

⧼original description page⧽

2008-04-07 16:35 Ajuk 500×845×??? (139732 bytes)

Fair use edit

Non-free media information and use rationale true for Bristol
Description	English: Banksy graffiti on the Bottom of Park Street Bristol.
Source	Transferred from en.wikipedia; transferred to Commons by User:Mattbuck using CommonsHelper. Copied back to wikipedia per discussion at Wikipedia:Featured article candidates/Bristol/archive1
Article	Bristol
Portion used	For copyright debates about this image see below + Wikipedia:Featured article candidates/Bristol/archive1 and Law for Artists (pages 129-131
Low resolution?
Purpose of use	To illustrate the contribution Banksy has made to the street scene of the city of Bristol
Replaceable?	Text would not be able to represent the artwork. Any other picture of Banksy graffiti would be subject to the same challenges.
Other information	It has been argued that as UK Freedom of Panorama does not cover 2D works a fair use statement is needed to support its inclusion in an article on wikipedia. Graffiti are essentially murals that have been painted illegally. Photographs of graffiti have long been allowed on Commons. As artistic works, copyright in graffiti will theoretically belong to the original artist. However, in many cases the artist is unknown, proof of authorship of the art is problematic, and, some believe, the artist would have difficulty enforcing their copyright since that would require a court to uphold the validity of an illegal act as the basis for damages or other relief against a third party. *The 'clean hands doctrine', sometimes known as Ex turpi causa non oritur actio, is specifically applied to copyright in the 2015 English legal text Law for Artists. At p. 176 is this statement:* Ex turpi causa non oritur actio - from a dishonorable cause, an action cannot arise (you cannot, for example, claim copyright in a work created through criminal activity.)
Fair useFair use of copyrighted material in the context of Bristol//en.wikipedia.org/wiki/File:Banksy-ps2.jpgtrue

Licensing edit

Photograph edit

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

Artwork edit

This image represents a two-dimensional work of art, such as a drawing, painting, print, or similar creation. The copyright for this image is likely owned by either the artist who created it, the individual who commissioned the work, or their legal heirs. It is believed that the use of low-resolution images of artworks:

for purposes of critical commentary on:
- the specific work in question,
- the artistic genre or technique employed in the artwork, or
- the artistic school or tradition to which the artist is associated,
as applied within the English-language Wikipedia, hosted on servers located in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law.

Any other use of this image, whether on Wikipedia or elsewhere, could potentially constitute a copyright infringement. For further information, please refer to Wikipedia's guidelines on non-free content.
Fair use

To the uploader:

Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information.
For example non-free use rationales, see Wikipedia:Use rationale examples.

To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.