Wikipedia:Featured picture candidates/delist/Einsatzgruppen killing a Jewish man

Einsatzgruppen killing a Jewish man edit

Deleted FP version: A member of Einsatzgruppe D is just about to shoot a Jewish man kneeling before a filled mass grave in Vinnitsa, Ukraine in 1942. The back of the photograph is inscribed, "The last Jew in Vinnitsa".

Available version: A member of Einsatzgruppe D is just about to shoot a Jewish man kneeling before a filled mass grave in Vinnitsa, Ukraine in 1942. The back of the photograph is inscribed, "The last Jew in Vinnitsa".

Reason: Image has been deleted - see here and Wikipedia:Featured pictures/History/World War II (look for the missing image in the gallery). However I believe it was promoted in Wikipedia:Featured picture candidates/Einsatzgruppen / Holocaust beginnings. There were concerns over licensing in the nom, but it was eventually promoted. We appear to still have access to the original version from the nom, which I have put up here as Available version.
Nominator: jjron (talk)

Delist deleted image. I'm happy to support a Replace if licensing, etc on the Available version is clear. — jjron (talk) 09:41, 31 May 2008 (UTC)[reply]
Commons deletion request. MER-C 06:31, 1 June 2008 (UTC)[reply]
If the tagging on the non-deleted image is correct, then we can ask the deleted version to be restored here and then refeatured. MER-C 07:00, 1 June 2008 (UTC)[reply]
- Yeah, I'm not that clear on the licensing issues, etc, to be honest, but part of the reason I put it up here rather than just 'auto-delisting' or swapping for the available version was in case someone could put the featured version back up here. I think Commons admins still have access to deleted versions, so if one of them is around perhaps they could retrieve it and replace it here? --jjron (talk) 14:24, 3 June 2008 (UTC)[reply]
Delist as ineligible. This image is non-free in the US as in Germany. Another case of faulty labeling by the USHMM. Perhaps someone should do a trawl of similar photos and confirm that they are correctly tagged. Mangostar (talk) 01:10, 7 June 2008 (UTC)[reply]
- Do you have evidence that it is non-free in the US? the arguments on the nomination made a decently good case for it being free. So far the only people saying that it is still under copyright in the US (I know it still is in Germany) have not put forth any evidence to support their claims. Until then, I will have to say ~~Keep~~. I guess the correct thing would actually be to Replace with existing. Clegs (talk) 21:13, 7 June 2008 (UTC)[reply]
  - I agree, wikipedia commons has different copyright rules than the english wikipedia, if the image was used in war crime trials as evidence, it most likely is in fact devoid of copyright as seized property (and who is the author of the image, where was it first published?) Thisglad (talk) 10:52, 8 June 2008 (UTC)[reply]
    - How do we know this is seized property? So far we have no evidence of this, and without such evidence there is no way we can claim it is PD. It didn't even come from a U.S. archive, and Wikipedia:Public_domain#German_World_War_II_images makes it seem as though even if it did, it is unlikely to PD in the US. In my view, the burden of proof is on those claiming it is PD, not on those claiming it is non-free. See also the copyright note about Nazi photos at NARA: "Some of the materials in this record group may have been of private origin. The fact that such materials were seized is not believed to have divested their original owners of any literary property rights in them. Anyone who publishes such materials in whole or in part without the permission of the original owners or their heirs may be held liable for infringement of property rights."[1] The commons discussions on this topic have been overwhelmed by people voting without any valid reasoning or sourcing. The only (!) source (Struk) I could find that had been cited anywhere in the commons discussion only mentions copyright in passing and blatantly misstates the law ("The most elementary of copyright laws states that the creator must be identified before copyright can be held." - um, no...exactly the opposite). Mangostar (talk) 17:39, 10 June 2008 (UTC)[reply]
      - Heinrich Hoffman was the official photographer of Adolf Hitler, his collection is in the U.S archives and judged to be public domain and his family actually took the U.S to court over this (the court ruled the works were the property and copyright of the U.S gov by act of law), so while some copyrights were restored to the original owners, not all were as seized property, but you are right that there is no proof that this particular photo is public domain, an original source is needed to determine that, who first published this photograph? I would like to know Thisglad (talk) 06:48, 11 June 2008 (UTC)[reply]
        I've looked around and haven't found anything besides what I added to the image description page. Mangostar (talk) 07:13, 12 June 2008 (UTC)[reply]

Delisted . Irrespective of the ultimate question of whether this image is indeed in the public domain, the fact that the original image has been deleted, and that the substitute is presently classified as "fair use", effectively precludes the retention of this image as a featured picture. I specifically disclaim any responsibility for the demotion of this image from public domain to fair use status, which, in my opinion, amounts to a sordid attempt to uphold the dubious copyright claims of a Nazi photographer. --John254 02:23, 16 June 2008 (UTC)[reply]