Commons:Deletion requests/Image:Smokey3.jpg

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This deletion debate is now closed. Please do not make any edits to this archive.

Image:Smokey3.jpg[edit]

Images of Somkey Bear are not free and are regulated by US Code as well as USDA administrative law. See, for example, 18 USC 711.

Hm.... not sure. This is definitely protected by non-copyright law 18 U.S.C. 711, but that is only for "for profit" uses, and Wikimedia's usage should not be in violation. We normally only delete if these restrictions are part of copyright law itself, or if wikimedia's own usage would violate those laws. We are not responsible for what others do with them. On the other hand, reading the history, I'm not entirely sure if this was completely a U.S. government creation, as it was done in conjunction with the Ad Council. According to this though, it sounds like the original artists were government employees. I'll go for a weak Keep. If we do keep it, mark this image with {{insignia}} and add a link to that law. Carl Lindberg 00:45, 2 January 2008 (UTC)[reply]
Delete Images need to be free for for-profit uses. Reasons much discussed elsewhere. The criminal law of the US prevents such uses and the Commons is subject to US Criminal law. --Simonxag 02:09, 2 January 2008 (UTC)[reply]
Non-commercial restrictions are a problem only if they are a part of the copyright license. See the note at the bottom of the Commons:Licensing page. Carl Lindberg 03:14, 2 January 2008 (UTC)[reply]
  • Keep Even some commercial uses are ok, such as publication in a magazine. These protections are not part of copyright law, but a separate law. -Nard 02:47, 2 January 2008 (UTC)[reply]
Yes the criminal law of the United States of America where the Commons is based. --Simonxag 02:14, 3 January 2008 (UTC)[reply]
Hosting the image on commons, or using it in a wikipedia article about Smokey the Bear, is not breaking that law though, so it should be fine. The non-commercial restrictions on commons pertains to copyright law specifically, not additional laws like this -- in this case, we just need to make sure that wikimedia's use does not violate it. Carl Lindberg 02:36, 3 January 2008 (UTC)[reply]
  • Keep Images only have to free in the copyright sense, which this one is. So we're fine as far as our policy goes, and as far as the law goes, we are not breaking it by hosting this. So there's no reason to delete. Rocket000 17:52, 24 January 2008 (UTC)[reply]
  • Keep as this is public domain, copyright-wise, and permitted for Wikipedia use otherwise. I have cleaned up the description page to make this clearer. I didn't add {{insignia}}, as I'm not sure it fits the definition of insignia. --rimshottalk 13:00, 16 April 2008 (UTC)[reply]

Kept: Commons only takes copyright restrictions into account when evaluating the freeness of an image. -- Bryan (talk to me) 14:56, 29 April 2008 (UTC)[reply]

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