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March 16

File:Pat Judson.jpg

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The result of the discussion was: Keep. No evidence that image is not in PD in US. Earliest known publication, with permission, is 1967 in Rhodesia and therefore in PD in US by virtue of being in PD in Zimbabwe on relevant URAA date (1996) Nthep (talk · contribs · blocks · protections · deletions · page moves · rights · RfA)

File:Pat Judson.jpg (delete | talk | history | logs).
  • Somewhat annoying that we don't know for sure what country it was created in, but on investigation it appears not to PD anyway. I put the present pre-1923 tag there because of the ambiguity but I think on reflection this wasn't the right thing to do as, as you say, it doesn't appear to have been published before 1923 (it appears to have been a family photograph, not originally made for public release).
  • I think we can assume the original photograph was taken between 1916 (when Pat Judson joined the Royal Flying Corps) and 1919 (when the war formally ended)—or maybe soon afterwards. Its modern copyright status depends on whether it originated in England or Rhodesia; the former would put it under British copyright law while the latter would refer us to the Zimbabwean rules.
  • If the picture was taken in the UK, since the original author is not known, "it falls into the public domain 70 years after it was created, unless it was published during those 70 years" (see here). Since the picture was published in 1967 (in Rhodesia), it would not be PD under the British rules.
  • If it was made in Rhodesia, then it becomes PD 50 years after the first publication (see here). Since it was published in 1967 (though created long before), it appears that 2017 is the soonest this picture can be used.
  • I hope this is all helpful, and I apologise for misinterpreting the rules before. Thanks, Cliftonian (talk) 08:22, 16 March 2013 (UTC)[reply]
  • Wikipedia uses USA law, not British or Rhodesian law.
  • If it was published before 1923, then it is out of copyright in the United States. Unfortunately, we have no evidence of any such publication.
  • If it was published between 1923 and February 1989 and certain other criteria apply, then it is out of copyright in the United States if it was out of copyright in the country of first publication on 1 January 1996.
  • It says that the image was published in Rhodesia in 1967. According to WP:Non-U.S. copyrights, photos enter the public domain in Rhodesia and Zimbabwe 50 years after they were taken if they were taken before 1967, or 50 years after they were published if they were taken in 1967 or later. This was taken before 1967, so it entered the public domain in Rhodesia 50 years after it was taken.
  • Problem 1: This was already in the public domain in Rhodesia when it was published in 1967. It only counts as publication according to USA rules if the copyright holder gives consent for publication. However, since the photo was in the public domain in Rhodesia, the Rhodesian publisher had no reason to ask for permission from the person holding the copyright to the photo in the United States, unless this was a condition to access a copy of the photo in the first place. This may mean that it was published without permission from the person holding the copyright to the photo in the United States and that USA copyright law thus still considers the photo as "unpublished".
  • Problem 2: Was this previously published in the United Kingdom? --Stefan2 (talk) 13:14, 16 March 2013 (UTC)[reply]
  • The image was published in 1967 in Rhodesiana, a national history journal, in a historical profile of Judson, who had died some years previously in a plane crash in Rhodesia. This article is where I encountered it. Whether this was the first publication of the image I don't know. The picture is of the four members of the family and the source given for the picture is Judson's sister Mazoe, who is also noted as a major source for much of the information in the article. I am inclined to interpret all this as the picture originally being a family photo, meant for the home rather than publishing, which Mazoe provided to Rhodesiana along with the information she gave. The picture does not appear to have been published anywhere else. Thanks for helping with this as it would be nice to keep the picture if possible. Cliftonian (talk) 14:33, 16 March 2013 (UTC)[reply]
    • I'm wondering if it wouldn't be reasonable to assume that it is in the public domain in the United States. I see four potential options:
      1. Published before 1923: In the public domain in the United States (((PD-1923))).
      2. First published in 1967 (or earlier) and at least one publication was with the consent of the copyright holder: In the public domain in the United States as it was already in the public domain in Zimbabwe in 1996 (((PD-URAA))).
      3. First published in 1967 (or earlier) and no publication was with the consent of the copyright holder: Not in the public domain. However, if it wasn't with the consent of the copyright holder, then one could wonder how the publisher was able to publish the photo in the first place. How do you obtain a copy of a photo which has never been published with permission from the copyright holder, unless you yourself are the copyright holder? This option is simply not a likely scenario.
      4. First published in a country other than Rhodesia: Other rules may apply depending on the country of the photography. However, this is a problem with all photos. Shouldn't we simply assume that the first identified publication is the first one until proven otherwise? If not, we would have to delete a tremendous amount of photos. --Stefan2 (talk) 12:31, 3 May 2013 (UTC)[reply]
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File:Shaista Lodhi.jpg

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The result of the debate was: Delete; deleted by Magog the Ogre (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 04:06, 9 April 2013 (UTC)[reply]

File:Shaista Lodhi.jpg (delete | talk | history | logs).
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File:Tribulations.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:Tribulations.jpg (delete | talk | history | logs).
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File:MazingerMK.gif

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:MazingerMK.gif (delete | talk | history | logs).
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File:Vietnamesemooncakes.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:Vietnamesemooncakes.jpg (delete | talk | history | logs).
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File:ArlingtonWest.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:ArlingtonWest.jpg (delete | talk | history | logs).
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File:Frances crowe 30july06 mini.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:Frances crowe 30july06 mini.jpg (delete | talk | history | logs).
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File:Hammons.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:Hammons.jpg (delete | talk | history | logs).
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File:Adolphe Sax bass.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:Adolphe Sax bass.jpg (delete | talk | history | logs).
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File:Bank Nationalisation - India.JPG

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:Bank Nationalisation - India.JPG (delete | talk | history | logs).
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File:Sabri Brothers.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:Sabri Brothers.jpg (delete | talk | history | logs).
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File:McDonalds M&M McFlurry.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:McDonalds M&M McFlurry.jpg (delete | talk | history | logs).
  • Sorry, but my computer does not allow access to the Commons, so I can't open that page. Still, what about the other McFlurry pic on that list? AutomaticStrikeout (TC) 15:09, 16 March 2013 (UTC)[reply]
  • based on my understanding of the page, the problem is the decals on the cup. This could be used locally under a fair use claim. Alternatively, next time you go to Mc'D's, you could take the picture straight down into the cup, so we see the weird spoon and the shake, but no decals. Either way, this image needs to go or become fair use.Tazerdadog (talk) 16:11, 21 March 2013 (UTC)[reply]
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File:Rok army exercise.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 15:19, 26 March 2013 (UTC)[reply]

File:Rok army exercise.jpg (delete | talk | history | logs).
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File:Mm-artillery-flag.jpg

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The result of the discussion was: Retain user-created flag; delete copy vio picture of assault tank. Dianna (talk) 14:25, 26 March 2013 (UTC)[reply]

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File:Smithtown.gif

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

File:Smithtown.gif (delete | talk | history | logs).
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File:Islip.gif

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

File:Islip.gif (delete | talk | history | logs).
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File:Chatangkettle.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Gacinside.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Tsuridaiko.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

File:Tsuridaiko.jpg (delete | talk | history | logs).
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File:Spiveys-stonemarker.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Matewan-marker2.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Oconalufteesign2.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Basilseedpoontalaidrink.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Pamaliqueurbottle.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Sorryworld1.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:P9211295.JPG

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:P9261313.JPG

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Pavelkousmichoff.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Funguo.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Hermondigiovanno.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Amarobottles2.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Jointcompound.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

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File:Bulgarian wine regions map.gif

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 27 March 2013 (UTC)[reply]

File:Bulgarian wine regions map.gif (delete | talk | history | logs).
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File:Srmcem logo.jpg

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The result of the discussion was: Keep, with the addition of a fair use rationale. Dianna (talk) 00:57, 27 March 2013 (UTC)[reply]

File:Srmcem logo.jpg (delete | talk | history | logs).
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File:Ernest Smith VC.jpg

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The result of the discussion was: Keep, with the addition of a fair use rationale. Dianna (talk) 01:11, 27 March 2013 (UTC)[reply]

File:Ernest Smith VC.jpg (delete | talk | history | logs).
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File:Dahr headshot.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:05, 27 March 2013 (UTC)[reply]

File:Dahr headshot.jpg (delete | talk | history | logs).
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File:Libermann MST.JPG

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:05, 27 March 2013 (UTC)[reply]

File:Libermann MST.JPG (delete | talk | history | logs).
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File:Pdba logo.jpg

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The result of the discussion was: Kept, with the addition of a fair use rationale. Dianna (talk) 01:20, 27 March 2013 (UTC)[reply]

File:Pdba logo.jpg (delete | talk | history | logs).
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File:Jdroberto.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:05, 27 March 2013 (UTC)[reply]

File:Jdroberto.jpg (delete | talk | history | logs).
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File:Promiselife.jpg

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The result of the debate was: Delete; deleted by SouthernNights (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 01:03, 17 March 2013 (UTC)[reply]

File:Promiselife.jpg (delete | talk | history | logs).
I took the photo myself and released it under GFDL, all of which is stated in the page and its info.--SouthernNights (talk) 23:41, 16 March 2013 (UTC)[reply]
You didn't make the statue, though. --Stefan2 (talk) 23:46, 16 March 2013 (UTC)[reply]
Under United States law, that doesn't matter. And under Wikipedia guidelines, it likewise doesn't matter. It's an image of a public statue in a public location. Is there a Wikipedia policy which shows this is not allowed?--SouthernNights (talk) 23:49, 16 March 2013 (UTC)[reply]
Under United States law, you are not permitted to take photos of copyrighted sculptures unless you have permission from the sculptor. See for example Korean War Veterans Memorial#United States postage stamp court case. --Stefan2 (talk) 23:54, 16 March 2013 (UTC)[reply]
Fine. As an admin I'll delete the photo. However, the other two photos, which you admit are pre-1923, have no reason for deletion.--SouthernNights (talk) 23:58, 16 March 2013 (UTC)[reply]
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File:Ernesthogan.jpg

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The result of the debate was: Delete; deleted by SouthernNights (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:04, 17 March 2013 (UTC)[reply]

File:Ernesthogan.jpg (delete | talk | history | logs).
The subject died in 1909. Therefore the photo is before 1923.--SouthernNights (talk) 23:39, 16 March 2013 (UTC)[reply]
The photo was taken before 1923, yes. However, there is no information about when it was first published. --Stefan2 (talk) 23:45, 16 March 2013 (UTC)[reply]
For old photos, it's not always possible to establish that. However, if it can be proved that the photo is pre-1923 then it doesn't matter if the publication info can't be established. Is there a Wikipedia guideline which says otherwise? — Preceding unsigned comment added by [[User:(({1))}|(({1))}]] ([[User talk:(({1))}|talk]] • [[Special:Contributions/(({1))}|contribs]])
If it was published before 1923, then it is in the public domain. See Commons:COM:HIRTLE. --Stefan2 (talk) 23:57, 16 March 2013 (UTC)[reply]
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File:Taylor Swift Elle.png

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The result of the debate was: Delete; deleted as F9 by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:05, 27 March 2013 (UTC)[reply]

File:Taylor Swift Elle.png (delete | talk | history | logs).

The other source that you linked to took the scans, but the deviant art person just so happened to not only take the scans, but take the background out too. So this is freely the deviant art person's work.--Nyswimmer (talk) 03:17, 17 March 2013 (UTC)[reply]

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File:Oraniaday.jpg

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The result of the debate was: Delete; deleted by Diannaa (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:05, 27 March 2013 (UTC)[reply]

File:Oraniaday.jpg (delete | talk | history | logs).
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