Commons:Deletion requests/Image:Tucows.jpg

Also Image:Tucows 2 12-21-07.jpg

I foundwhile reviewing files uploaded from Flickr. It was appropriately licensed at Flickr, but I discovered that an exact copy is hosted at http://services.tucows.com/. Tucows does not appear to freely license their intellectual property, so I think that the image is nonetheless a copyright violation.

I also bring Image:Tucows 2 12-21-07.jpg - which I found working with files uploaded from Flickr - for consideration, but for different reasons. Is it a copyright violation based upon the fact that the sylised cow occupies a prominent place in the photograph? I am unsure. I would ask that you please consider these two images separately; I, for one, am certain about the former but uncertain about the latter. Thank you, --Iamunknown 06:55, 25 December 2007 (UTC)[reply]

• Keep creating something that merely resembles something else in an entirely different medium is not a copyvio. That would be like saying everyone who drew a picture or made a movie about the raising of the Flag at Iwo Jima violated the copyright of the AP. -Nard 11:21, 25 December 2007 (UTC)[reply]

• Keep I have provided an explanation below in the post "Squishycows on Flickr" (below) that Tucows actively encourages photos made of Squishycows on Flickr and then uses the photos themselves on their blog and web site. Who is the party who might be injured by the use of this photo on Wikimedia. It isn't the creator of the photo, Jason Gulledge, because he has licensed the photo under a Creative Commons license and we are complying with his license. It isn't Tucows because they actively encourage people to take photos of Squishycows and upload them to Flickr. ReservoirHill 16:26, 25 December 2007 (UTC)[reply]

• Keep Forgot to vote for keeping the photos, as per ReservoirHill's explanation below. (I apologize, I've been very absentminded lately.) Arria Belli | parlami 17:09, 26 December 2007 (UTC)[reply]

•  Comment Ok, it's clear what the source of these photos are, but can they still be copyvios because of the cows themselves? Rocket000 12:38, 2 January 2008 (UTC)[reply]

There is a post on the Tucows company blog that I think explains the situation:

"Squishycow photos continue to pile up on Flickr. This week we’re featuring the work of Kayla Fleming who posted a couple of really nice shots of our friend around the offices at the hosting company where she works. I’ll admit to being somewhat jealous - Orlando looks nice and warm, while here in Toronto we’re already fighting through snow and ice. We’ll be showcasing more squishycow photos over the coming weeks. If you’d like to see your shots on our blog, add your photos to Flickr with the tag squishycow and then add the photo to the group, Squishycows in the wild. We’ll post a new photo every week or so and link to your photostream."

There is a whole genre of photos on Flickr featuring Squishycows. What has apparently happened is that Jason Gulledge is the creator of the original photo and he uploaded it to Flickr on January 31, 2007. Tucows saw the photo, liked it, and decided to use in the story accompanying their Press Release on August 7, 2007. Tucows is actually at fault for using the photo without attribution and Jason Gulledge is the injured party. I have already left a message on Flickr for Mr. Gullege letting him know that Tucows is using his photo so that he can take the action that he deems necessary. The use of Gulledge's photo on Wikimedia is in the clear because we are providing attribution as required by the Attribution 2.0 Generic License.

Best Regards and Merry Christmas,

ReservoirHill 16:17, 25 December 2007 (UTC)[reply]

Thank you for taking the time to find links to explain the backstory, ReservoirHill. It's greatly appreciated. Happy holidays, Arria Belli | parlami 16:41, 25 December 2007 (UTC)[reply]

FYI - Mr. Gulledge was contacted and granted us permission to use the photo on our webpage. See: http://www.ramdac.org/2007/tucows-is-cool.html for more. --216.40.38.230 15:23, 11 August 2008 (UTC)[reply]

• Kept - explanation of allowance of flickr images by tucows appears to be sufficient. If at any point, a representative of tucows sees this image and objects, please feel free to leave a message at COM:AN, explaining your connection to the company, and referencing this deletion discussion. Patstuart (talk) 22:04, 31 January 2008 (UTC)[reply]