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File:May 28, 2013 Bennington, Kansas tornado.jpeg

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Summary
This media file has been nominated for deletion since 28 October 2024.
To discuss it, please visit the nomination page.

Do not remove this tag until the deletion nomination is closed.

Reason for the nomination:

These images were all sourced from webpages of the US National Weather Service but are the work of third-party photographers. However, we have no evidence that any of these images are in the public domain or available under a free license.

For many years, hosting such images on the Commons was done in good faith under the rationale that:

  • public submissions to the NWS all entered the public domain and/or
  • all files hosted on NWS websites were in the public domain unless they carried a formal copyright notice

An extensive review of this rationale in 2024 revealed that neither of these beliefs held up to scrutiny. These findings were confirmed in an RfC conducted from August to October 2024.

Per COM:ONUS it is the responsibility of the person uploading an image to the Commons or anyone arguing for its retention here to provide evidence of permission from the copyright holder. If anyone interested in seeking the permission of the creators to retain these files, I offer, as a head start, the following notes left over from when I investigated them:

File:June 16, 2010 Dupree, South Dakota tornado.JPG
County sheriff emailed 22 September, no response. VRT ticket:2024102810001392
File:April 25, 2014 Greene County, North Carolina tornado.jpg
The TV station this was sourced from belongs to Nexstar. Last contact in my email thread with Nexstar's licensing team was October 1, at which time, they had not yet located this image in their archive. They also advised that still images are subject to a flat license fee for editorial use, making it appear they are unlikely to license freely or surrender their copyright. VRT ticket:2024102810001454
All these images were taken in the US after 1989, and therefore automatically protected by copyright at the instant of their creation unless ineligible for some reason. Unless anybody can provide any evidence of ineligibility for copyright, or permission from the respective copyright owners, we must delete all the files listed in this request per COM:PRP because as far as we can tell, they all are protected by copyright. --Rlandmann (talk) 07:44, 28 October 2024 (UTC)
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Description
English: The EF4 Bennington, Kansas tornado on May 28, 2013
Date
Source http://www.crh.noaa.gov/news/display_cmsstory.php?wfo=top&storyid=94990&source=0
Author Dustin Goble (Submitted to National Weather Service)

Licensing

Caution: License review in progress

As of November 2024, the copyright and licensing status of this file is under review.

A Commons contributor has asserted in good faith that this file is in the public domain either because:

  • it is a work of the National Weather Service, and as a work of the US Federal Government, ineligible for copyright or
  • a third party might have submitted it to a National Weather Service regional office under terms and conditions that placed it in the public domain. For example, the La Crosse, Louisville, Norman, Omaha, Peachtree City, and Sioux Falls offices are known to have had such terms and conditions for certain contests and other public outreach at various points in time (see here for a complete list) or
  • it is free of copyright for some other reason (for example, it contains no copyrightable elements, or its copyright has expired)

If, during review, this file is found to be in the public domain or available under a free license, a new rationale will be applied as part of the review process and this notice will no longer be displayed. Files that cannot be established with reasonable certainty to be in the public domain or available under a free license will be deleted.

To uploaders

Before re-using this file
You must verify that at least one of the above conditions is true.

In particular, if the file was created by a third party, verify that the specific terms and conditions under which its creator submitted it to the NWS included an explicit release of the file into the public domain. Read such terms and conditions carefully; at least one of these (Omaha) contains one option which would place the file into the public domain and another option which would not.

If you cannot verify the terms and conditions that applied to the submission, or these terms and conditions did not contain an explicit release into the public domain, contact the creator of the file and ask their permission to re-use it. If you are unable to verify that this file is in the public domain or available under a free license, please consider nominating this file for deletion.

See below for the original rationale for asserting that this file is in the Public Domain.

Original public domain rationale
Public domain
This image is in the public domain because it was stored on the web servers of the U.S. National Weather Service. NWS-created images are automatically public domain in the U.S. since the NWS is a part of the U.S. government. However, the NWS sites also host non-NWS images which have been submitted by individuals: these are generally shown as "Courtesy of ...". Such images have explicitly been released to the public domain by the copyright owner as part of the upload process.
  • As stated at https://www.weather.gov/disclaimer/: "The information on National Weather Service Web servers and Web sites is in the public domain, unless specifically annotated otherwise, and may be used freely by the public."
  • As stated at https://www.weather.gov/fsd/disclaimer: "By submitting images, you understand that your image is being released into the public domain. This means that your photo or video may be downloaded, copied, and used by others."
Thus, all images on NWS servers are public domain (including "Courtesy of ..." and “Photo by ...” images) unless specifically stated otherwise through a copyright (©) watermark.

English | suomi | македонски | português | +/−

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inception

30 May 2013

File history

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Date/TimeThumbnailDimensionsUserComment
current17:20, 3 May 2017Thumbnail for version as of 17:20, 3 May 20171,280 × 1,280 (819 KB)CyclonebiskitReverted to version as of 01:03, 31 May 2013 (UTC) no source provided
13:38, 3 May 2017Thumbnail for version as of 13:38, 3 May 20171,920 × 1,080 (198 KB)AVeryWiseWolfyReplaced in favor of a higher quality image.
01:03, 31 May 2013Thumbnail for version as of 01:03, 31 May 20131,280 × 1,280 (819 KB)CyclonebiskitUser created page with UploadWizard

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