Copyright Policy

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Copyright and licensing

Before you upload an image, make sure that the image falls in one of the four categories:

  • Own work: You own all rights to the image, usually meaning that you created it entirely yourself.
  • Freely licensed: You can prove that the copyright holder has released the image under an acceptable free license. Note that images that are licensed for use only on Wikilove, or only for non-commercial or educational use, or under a license that doesn't allow for the creation of modified/derived works, are unsuitable. (example, see below for details)
  • Public domain: You can prove that the image is in the public domain, i.e. free of all copyrights. (example, see below for details)
  • Fair use: You believe that the image meets the special conditions for non-free content, which exceptionally allow the use of unlicensed material, and you can provide an explicit non-free content explaining why and how you intend to use it.

Always note the image's copyright status on the image description page, and provide specific details about the image's origin. An Image copyright tag provides a standard template for the licensing of the image. The image summary provides necessary details to support the use of the image copyright tag. An image summary should contain the following:

Description: The subject of the image
Origin (source): The copyright holder of the image or URL of the web page the image came from
Author: The original creator of the image, especially if different from the copyright holder
Permission: Who or what law or policy gives permission to post on Wikilove with the selected image copyright tag

In addition, the summary might also contain the following, where appropriate:

Date: Date the image was created. The more exact, the better
Location: Where the image was created. The more exact the better
Other versions of this file: Directs users to derivatives of the image if they exist on Wikilove
More information on how to provide a good description of the image's origin<scribunto-parser-error>
  • A good description of the origin for an image from an internet location is to point to the HTML page that contains the image (http://www.navy.mil/view_single.asp?id=3097) and not directly to the image itself: (http://www.navy.mil/management/photodb/webphoto/web_021028-N-3228G-006.jpg).
  • A good description of the origin for an image from a book is to provide full a bibliographic citation for the book (Author, Title, ISBN number, page number(s), date of copyright, publisher information, etc.) and not just title and author.
  • A good description of the origin for a self-created image is to state "It is my own work." and not just use a tag that indicates it is your own work ({{self}} or {{PD-self}} for examples).

User-created images

Wikilove encourages users to upload their own images. All user-created images must be licensed under a free license, such as the GNU Free Documentation License and/or an acceptable Creative Commons license, or released into the Public domain, which removes all copyright and licensing restrictions. When licensing an image, it is best practice to multi-license under both GFDL and a Creative Commons license.

Such images can include photographs which you yourself took. The legal rights for images generally lie with the photographer, not the subject. Simply re-tracing a copyrighted image or diagram does not necessarily create a new copyright—copyright is generated only by instances of "creativity", and not by the amount of labor which went into the creation of the work. Photographs of three-dimensional objects almost always generate a new copyright, though others may continue to hold copyright in items depicted in such photographs. Photographs of two-dimensional objects such as paintings in a museum often do not (see the section on the "public domain" below). If you have questions in respect to this, please ask the regulars at Wikipedia talk:Copyrights.

Images with you, friends or family prominently featured in a way that distracts from the image topic are not recommended for the main namespace; User pages are OK. These images are considered self-promotion and the Wikipedia community has repeatedly reached consensus to delete such images.

Some images may contain trademarked logos incidentally (or purposely if the image is either freely licensed, covered under freedom of panorama, or being too simple to be copyrightable). If this is the case, please tag it with {{trademark}}.

Free licenses

Licenses which restrict the use of the media to non-profit or educational purposes only (i.e. non-commercial use only), or are given permission to only appear on Wikilove, are not free enough for Wikilove's usages or goals and will be deleted. In short, Wikilove media (with the exception of "fair use" media—see below) should be as "free" as Wikilove's content—both to keep Wikilove's own legal status secure as well as to allow for as much re-use of Wikilove content as possible.

If the place where you found the image does not declare a pre-existing free license, yet allows use of its content under terms commonly instituted by them, it must explicitly declare that commercial use and modification is permitted. If it is not the case, it is to be assumed that it is not unless verification or permission from the copyright holder is obtained.

Public domain

Public domain images are not copyrighted, and copyright law does not restrict their use in any way. Wikilove pages, including non-English language pages, are hosted on a server in the United States, so U.S. law governs whether a Wikilove image is in the public domain.

Images may be placed into the public domain by their creators, or they may be public domain because they are ineligible for copyright or because their copyright expired. In the U.S., copyright has expired on any work published anywhere before January 1, 1923. Although U.S. copyrights have also expired for many works published since then, the rules for determining expiration are complex; see When does copyright expire? for details.

In the U.S., reproductions of two-dimensional public domain artwork do not generate a new copyright; see Bridgeman v. Corel. Scans of images alone do not generate new copyrights—they merely inherit the copyright status of the image they are reproducing. For example, a straight-on photograph of the Mona Lisa is ineligible for copyright.

If you strongly suspect an image is a copyright infringement you should list it for deletion; see Deleting images below. For example, an image with no copyright status on its file page and published elsewhere with a copyright notice should be listed for deletion.

Fair use images

Wikilove.com is an open source encyclopedia that aims to help internet users to learn more about Love. In that regard, this ambition may the fair use of copyrighted content. Some usage of copyrighted materials without permission of the copyright holder can qualify as fair use in the United States.

According to Wikipedia, fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

Notwithstanding specific provisions, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

The term fair use originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

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