Wikipedia:Files for discussion/2024 May 8
May 8
- File:Two suspects wanted by the FBI for the bombing.jpg (delete | talk | history | links | logs) – uploaded by Dave Bowman - Discovery Won (notify | contribs | uploads | upload log).
This file is in the public domain per {{PD-automated}}. JohnCWiesenthal (talk) 04:47, 8 May 2024 (UTC)
Comment: I don't think US copyright has been settled with respect to this kind of image and the fact someone created a template for such a license doesn't necessary mean much, other than someone created a template for such a license. Even the Wikipedia article referenced in the template states that US case law is untested on the matter. Of course, Wikipedia articles aren't reliable sources for any purpose, but being unclear means it's probably best to err on the side of caution and keep this file licensed as non-free. Of course, if you can cite specific US cases in which this came up and resulted in such footage being declared ineligible for copyright protection, please do so since that will help further assess the file's copyright status. -- Marchjuly (talk) 05:18, 8 May 2024 (UTC)
- IMO, given recent case law on AI requiring that, even if directed by a human, works created by machines are ineligible for copyright, I would consider that analogous to CCTV cameras. Further this follows the 2013 monkey copyright lawsuits, where even if the camera placement and direction was done by a human, the photo itself was snapped by a monkey - and it was ineligible for copyright. No human snapped this photo, or any CCTV photo. AI prompting has far more creative input than CCTV camera placement, which in 99% of cases is for purely utilitarian reasons, and that is ineligible.
- Under the law of the US, as exemplified by the AI laws and the monkey case, a work must be created by a human to qualify for copyright. This doesn’t qualify. In works where there is particular creative and artistic thought behind CCTV camera placement, that may be another story, but given the developments in AI and machine copyright I would think that carries over to similar stuff like this. PARAKANYAA (talk) 15:02, 8 May 2024 (UTC)
