Commons:Deletion requests/File:ClydeTombaugh2.gif

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:ClydeTombaugh2.gif

This file was initially tagged by De728631 as Copyvio (copyvio) and the most recent rationale was: Not a NASA photo but courtesy of the New Mexico State University: http://starchild.gsfc.nasa.gov/docs/StarChild/graphics.html. NASA is the source, but not the author as indicated in the description. May be {{PD-Mexico}}? Amitie 10g (talk) 18:29, 13 July 2015 (UTC)

File:Clyde Tombaugh image.jpg is a cropped version of this photograph. I'm nominating it for deletion, too. De728631 (talk) 18:49, 14 July 2015 (UTC)

The copyright on this photograph ran out ca. 2000. Seventy years is the legal limit in the United States. After that point, the photograph is Public Domain independent of the copyright holder. Just FYI but New Mexico State University is in the United States of America, State of New Mexico (its between Texas and Arizona). It doesn't matter what user De728631 tagged the file as. You have only two choices: withdraw this deletion request ASAP before some Custodian goofs and deletes this, or close as Keep ASAP, ditto. --Marshallsumter (talk) 23:40, 13 July 2015 (UTC)

I don't know where you got this number from. The copyright term for works in the US depends on the year of first publication. 70 years do occur, but only for unpublished works (life of the author 70 years), works registered for copyright between 1978 to 1 March 1989 (70 years after death of the author) and works created after 1977 (obviously not applicable here) [1]. There is no PD-old-70 or something depending on the creation of the photo. Instead it is on the uploader to provide evidence that this image is out of copyright. There are a few possibilities though that this is the case:

• The image was published before 1978 without a copyright notice (this would have to include the backside of the hardcopy). The version visible on the NASA page though does not have a copyright mark.
• Published between 1978 and 1 March 1989 without a notice and registration within 5 years.
• Published before 1963 with registration but not renewed.
• The author died shortly after taking the photo and the image was published without notice between 1 January 1978 and 1 March 1989.

So, does anyone know when this was first published? De728631 (talk) 18:42, 14 July 2015 (UTC)

Do we even know with any certainty that it was ever published as non-publication means a 120 year copyright. BTW, the other image is being discussed here. Ww2censor (talk) 21:39, 14 July 2015 (UTC)

"BTW, the other image is being discussed here". Nope, that is File:Clyde W. Tombaugh.jpeg which is basically a larger version of the GIF image. And being on that NASA website also counts as an act of publication, so that would be the most recent date to consider. De728631 (talk) 21:52, 14 July 2015 (UTC)

Another FYI: "As a youngster, his interest in astronomy was encouraged by his father and uncle. [...] In 1928 Tombaugh made a nine-inch telescope that enabled him to make very accurate and detailed sketches of Jupiter and Mars. Seeking advice from professional astronomers, he sent his sketches to the Lowell Observatory in Flagstaff, Arizona."This quote occurs in the article referenced next to their copy of this same photograph. Also, the person who took the photograph in 1928 owned the copyright as soon as it was taken, whether published at the time or not. That is the copyright that has run out. The Kansas State Historical Society does not own any copyright to the photograph because they did not take the photograph.

From the Wikimedia commons page on Public Domain: "The only exceptions to this is if the author wishes to remain anonymous or in certain cases where the author is unknown but enough information exists to show the work is truly in the public domain (such as the date of creation/publication). [...] for works first published before 1964, copyright lasts 28 years after publication (and is therefore currently expired)" Tombaugh probably sent the photograph or another one similar along with his sketches to Lowell Observatory in 1928 (first publication date). He started at the Observatory on 15 January 1929. --Marshallsumter (talk) 22:34, 15 July 2015 (UTC)

"Also, the person who took the photograph in 1928 owned the copyright as soon as it was taken, whether published at the time or not. That is the copyright that has run out." That may not be true. WP:Public domain#Unpublished works states that until 1978, unpublished unregistered works were a matter of state law in the US, and most states granted a perpetual copyright until an eventual publication. The fact that Tombaugh sent his sketches of Jupiter and Mars ot the observatory does not mean that this photograph was included. And the Kansapedia where the authors are "solely responsible for its content", and not the Kansas State Historical Society (who don't even edit the articles submitted to them) doesn't look very indicative for the publication status of this photo of Tombaugh. Their description of the image is rather limited and, again, the responsibility for observing copyrights and publication permissions is passed on to the uploader. The Academy of Achievement has a copy of the photo too, which is credited as "courtesy of Clyde Tombaugh". Anyhow, I checked the post-1978 records at the U.S. Copyright Office and also the 1928 and 1929 Catalogs of Copyright Entries. Neither of them mentions a "Tombaugh". So there is a chance that although this photo was evidently published someday it was never registered for copyright. For a post-1989 publication this would still mean a copyright term of life of the author 70 years. De728631 (talk) 19:49, 16 July 2015 (UTC)

Tombaugh probably posted the photo where he worked at the Lowell Observatory in 1929. I went through the website to see if they were exhibiting it, but all the photos are more recent using their instruments. But its first publication date is probably when he worked there. An unregistered copyright is still a copyright. If you want to delete the image, do so. I've already uploaded it to Wikiversity as Fair Use. The benefit of doubt in view of the age of the photo (1928) puts it in the Public Domain beyond reasonable doubt, unless a living relative proves otherwise. Commons is not going to receive a take-down notice for an image posted on a NASA website. But, no one can stop you from deleting it as there are two of you to one of me. --Marshallsumter (talk) 02:43, 19 July 2015 (UTC)

 Keep I tend to agree with Marshallsumter. Not the part that we won't get a take-down-notice. If or if not is not relevant. Looking at the photograph I assume that this photo has been published w/o registration. Either ~ 1930 as junior astronomer or shortly after. This means the appropriate license would be {{PD-US-no notice}}. See COM:HIRTLE. — Preceding unsigned comment added by Hedwig in Washington (talk • contribs)

I've applied the recommended license to the full image File:ClydeTombaugh2.gif and to the cropped image File:Clyde Tombaugh image.jpg from the earlier one. Perhaps this is what's needed to close this discussion as keep with removal of the deletion templates. --Marshallsumter (talk) 23:25, 6 August 2015 (UTC)

References

---

Kept: as above. Yann (talk) 08:17, 7 August 2015 (UTC)

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:ClydeTombaugh2.gif

Yes, this image was kept before after a deletion request, but now there is a much better version at File:Clyde_W._Tombaugh.jpeg. This file is no longer in use. Ellin Beltz (talk) 18:34, 9 August 2015 (UTC)

---

Deleted: Duplicate. Yann (talk) 18:41, 9 August 2015 (UTC)