Commons:Office actions/DMCA notices/2020

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2020[edit]

Harrie Smolders Vestrum[edit]

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me. The takedown can be read here.

Affected file(s):

Thank you! Joe Sutherland (WMF) (talk) 22:28, 13 March 2020 (UTC)[reply]

Looks like File:Harrie Smolders Vestrum Team.jpg is also a copyright violation, based on the metadata. The uploader's other contributions are likely suspect as well. clpo13(talk) 22:32, 13 March 2020 (UTC)[reply]
Correct. Metadata indicated "Thomas Reiner" as copyright holder. The file has been speedy deleted --Ruthven (msg) 23:01, 13 March 2020 (UTC)[reply]
Another user has uploaded File:Piergiorgio Bucci su Casallo Z.jpeg which is a similar photo, with the descritpion text "Thomas Reiner was informed that the photo was published on the Wikipedia entry Piergiorgio Bucci.". Needs OTRS permission, or be deleted as well. --Jonatan Svensson Glad (talk) 23:30, 13 March 2020 (UTC)[reply]
File:Andre Thieme and Conthendrix - Leipzig Partner Pferd 2014.jpg looks pretty suspect as well. Carl Lindberg (talk) 23:41, 13 March 2020 (UTC)[reply]

The Weeknd[edit]

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me. The takedown can be read here.

Affected file(s):

Thank you! Joe Sutherland (WMF) (talk) 23:37, 13 March 2020 (UTC)[reply]

Also, as usual, the file talk page has not yet been deleted. Joe Sutherland (WMF) (talk) 23:41, 13 March 2020 (UTC)[reply]
Er...JSutherland (WMF) This was a Flickr reviewed file license reviewed by Thibaut120094. Are we saying that the Flickr profile was incorrect or lying about the license? We have over 1,000 photos from that Flickr stream so this is a rather important question. --Majora (talk) 23:42, 13 March 2020 (UTC)[reply]
We received a valid DMCA requiring us to take it down, and that's about the extent of what I know about the file's history. Though it looks like the source link on the image page leads to a 404, so if I had to guess I'd imagine the Flickr profile was indeed incorrect. Happy to loop Jacob in for his thoughts though? Joe Sutherland (WMF) (talk) 23:53, 13 March 2020 (UTC)[reply]
I did notice the 404 as well but that is generally why we perform license reviews in the first place. To guard against dead links or attempts to change the license after the fact. We see the latter happen more often than I'd like and as CC licenses are irrevocable the license review stands as a testament to its original state. Saying that the profile was incorrect makes the entirety of the Flickr account suspect and therefore the other 1,000+ images. This is not something that should really be taken lightly in my opinion. This one DMCA request could potentially result in a lot of images being brought up under suspicion. --Majora (talk) 23:55, 13 March 2020 (UTC)[reply]
The File:The Weeknd (36335324381).jpg is also redirecting to a 404 page, so just waiting for a new DMCA for this file. - Premeditated (talk) 00:05, 14 March 2020 (UTC)[reply]
Of the 1000+ photos from that Flickr stream we have 236 with Anton Mak as the photographer. Either or this request has the potential to create a lot of headaches. --Majora (talk) 00:09, 14 March 2020 (UTC)[reply]
I wouldn't assume the whole Flickr account or even that particular photographer is always a problem. There could be several things happening here. Perhaps the Flickr account did upload a photo that they didn't own the rights to, and it got noticed after Web Sheriff got hired to manage digital rights in this particular photograph. Or the owner of the Flickr account legitimately thought they had the rights to the image, but it turned out they didn't for one of several possible reasons (e.g., many concert venues now require copyright assignments in the fine print of their tickets and people don't know about it). Or it could be that Web Sheriff committed perjury. The problem with the last one is that we'd need some evidence to dispute the notice, but the Flickr page was down (which often means they succeeded in a DMCA against the original already) and we didn't find anything else indicating different ownership from what they were asserting. That said, if we get any more DMCAs that trace back to the same Flickr account, that probably would indicate that the account owner was mislabeling images. Hope that helps. -Jrogers (WMF) (talk) 00:16, 14 March 2020 (UTC)[reply]
There are a bunch of other photos from that same photographer from that same event still on that Flickr account. Does seem a bit worrying (some have since changed to CC-BY-ND, not all of which we did a review for). On the other hand, per below, it's very possible it was not the photographer issuing the DMCA. Carl Lindberg (talk) 01:08, 14 March 2020 (UTC)[reply]
  • "As a gesture of goodwill and subject, simply, to due and timely compliance with this copyright notification, the Rights Owners are happy to offer the following, more up-to-date, official photographs of THE WEEKND™ and for on-line reproduction under a limited, non-commercial and revocable, so-called ‘creative commons’ license" (bold mine)
Scam or stupid noobs IMHO - Alexis Jazz ping plz 00:52, 14 March 2020 (UTC)[reply]
The ignorance (or trademark violation) of using "creative commons" in conjunction with revocable licenses aside, that does make it seem as though Web Sheriff's client is the performer, not the photographer. That does make one wonder if they really do own any copyright, and are just targeting any photos of the performer, though there could be a tangle of contracts involved in that performance we don't know about as well. Carl Lindberg (talk) 01:08, 14 March 2020 (UTC)[reply]

@Jrogers (WMF) and JSutherland (WMF): I think I figured it out! And if I'm right (and I usually am!), we are dealing with a bunch of what we call in professional terms fucking idiots. Prepare for another fun rant!

  1. Who is claimed to be the rights holder? Answer: "1. Rights Owners : WEEKND XO, LLC"
  2. Who the fuck is WEEKND XO, LLC? Well, [1] doesn't tell me much besides that this entity exists at 16000 Ventura Blvd Suite #600, Encino, CA 91436-2753 and that it is a business registered with the City of Los Angeles, Office of Finance and started on July 11, 2016.
  3. Considering "4. Infringed Individuals / Entities : WEEKND XO, LLC & ABEL TESFAYE (P.K.A. "THE WEEKND™" AND THE SUBJECT OF THE PHOTOGRAPHS IN QUESTION)" I will assume that w:The Weeknd simply created his own company for whatever reason. (tax evasion, sell merchandise, hire goons for extortion scams, impress chicks with business cards, the usual, who knows why)
  4. This pretty much rules out the concert venue theory.
  5. Considering that Mr. Tesfaye is the subject, is it likely he owns the copyright to the photo? Did a photographer that he hired (as in work for hire) come to his show to take the picture? Well, File:The Weeknd August 2017.jpg was taken with a Canon EOS 6D with serial number 072153000374 at 20:54, 6 August 2017. File:The Weeknd (36335324381).jpg was taken with a Canon EOS 6D with serial number 072153000374 at 20:49, 6 August 2017.
  6. You see where this is going right? File:Lorde Osheaga 2017 (01).jpg was taken with once again the same camera, 2 days earlier and File:Drake at the Velvet Underground - 2017 (36398066420) (cropped).jpg the same camera a few weeks later. The author IS Anton Mak, no doubt.
  7. Does Anton Mak work for The Come Up Show? Yes: Photography by Anton Mak for The Come Up Show.
  8. So what THE FUCK is going on here? Websheriff has used the power of ambiguity my dear pupils, ambiguity!
  9. "5. Infringing / Violating Materials : PUBLISHED IMAGES THAT INFRINGE THE RIGHTS OWNERS' COPYRIGHT & MORAL RIGHTS / PUBLISHED IMAGES THAT INFRINGE THE RIGHTS OWNERS' RIGHT-OF-PUBLICITY / PUBLISHED IMAGES THAT INFRINGE PERSONAL GOODWILL & REPUTATION / PUBLISHED IMAGES THAT INFRINGE BUSINESS GOODWILL & REPUTATION / PUBLISHED IMAGES THAT VIOLATE CONSUMER PROTECTION RIGHTS – ALL IN BREACH OF ISP'S / HOST'S PUBLISHED TERMS OF SERVICE / ACCEPTABLE USE POLICY AND ALL IN BREACH OF INFRINGING WEB-SITE'S PUBLISHED TERMS OF SERVICE / ACCEPTABLE USE POLICY (as applicable – PLEASE SEE URL LIST BELOW)"
  10. *VOMIT* WHAT THE CRAP WAS THAT?
  11. A long list of mostly irrelevant bullshit, that's what that was. Moral rights? Personal goodwill and reputation? Business goodwill & reputation? Violation of consumer protection rights? What a pile of crap! The only thing there that could apply for DMCA is copyright. The relevant part comes at the very end: "(as applicable – PLEASE SEE URL LIST BELOW)" (THEIR CAPS LOCK KEY IS BROKEN BTW)
  12. The URL list mentions NONE of these. ZERO. BUPKIS. Let's guess!!
  13. Personality rights! Mr. Tesfaye is depicted, and what makes this photo special is that it was in use on several Wikipedias. That's why this photo was targeted. As soon as it has been replaced, you will receive another takedown notice from these idiots. Regardless of who the author is!
  14. Wait Alexis, you bloody bastard. The source at Flickr was taken down! Surely you are wrong Alexis, and Websheriff is a totally fair and competent company that's just protecting the rights of some poor artist! Well, we can only speculate, but did you actually read the takedown request? It's pretty intimidating with all © and ® and ™ (hallmarks of a diseased mind), it must surely be legit and I'll eat my hat if The Come Up Show (or Flickr) didn't receive the exact same alpha dog takedown crap. What do you think they'd do? Take down a couple of photos they don't care that much about or risk legal fees?
  15. Please hit reply and ask those fuckers benevolent business people exactly which rights they believe were violated. If they claim copyright was violated, get them to confirm Anton Mak was hired by WEEKND XO, LLC or sold his photos of Mr. Tesfaye to WEEKND XO, LLC.
  16. If they actually claim that, contact Anton Mak to confirm. I don't believe it.
  17. If I'm right, sue the shit out of them.

Aaaaah! I'm calmed down again. - Alexis Jazz ping plz 02:07, 14 March 2020 (UTC)[reply]

Bonus round!
"Disclaimer: This e-mail is the copyright of Web Sheriff®. The contents of this e-mail are strictly private and confidential, are for the attention of the addressees only and may also qualify for legal privilege. This communication may not be disclosed or otherwise communicated to anyone other than the addressees, nor may it be copied or reproduced in any way without the written authorization of Web Sheriff®."
Morons. foundation:Legal:DMCA The Weeknd is basically Legal saying "sue me, dickhead". Don't forget to check the PDF. The word "CONFIDENTIAL" is plastered all over the background. Amateurs.
"GOODWILL SUBSTITUTION ADVISORY blah blah blah (and to be accompanied by a copyright credit to the Rights Owners specified herein) https://www.dropbox.com/s/g4nqkih3kho3ji3/_N9A3803.jpg?dl=0"
Herein? Herein where? The mail? Or the Dropbox link? Actually it doesn't seem to matter, it may well be copyvio. The Dropbox link says "From Melissa Mahood (SAL&CO), Extension: jpg, Size: 460.29 KB". Melissa Mahood? Who the hell is that? "Melissa Mahood, Artist Management at SAL&CO / XO Records", well mystery solved. She owns the copyright? Like, personally? Not the company, but her? Either someone is telling porkies (and we already caught them once with their pants down on that "revocable Creative Commons" license) or their administration is a disaster waiting to happen. Maybe both! Sure as shit she's not the photographer, because that's Nabil Elderkin. According to MSN this image from Nabil Elderkin is © The Weeknd. Considering they use these photos on their official YouTube channel that better be true. But then.. Melissa. Oh, dear Melissa. I think someone is abusing you. The claimant here is WEEKND XO, LLC, not SAL&CO / XO Records. I doubt they even know themselves who hired Nabil. - Alexis Jazz ping plz 03:28, 14 March 2020 (UTC)[reply]
I'm guessing they want us to use the noncommercial images from Nabil in the Dropbox links for brand unification reasons or whatever. We're not going to do that, so I've changed the image on all wikis to File:FEQ July 2018 The Weeknd (44778856382) (cropped).jpg, from a different photographer. I predict another ridiculous mail from the Websheriff about.. after the weekend. - Alexis Jazz ping plz 04:11, 14 March 2020 (UTC)[reply]
Hi Joe Sutherland and everyone.
This is obviously a bogus request to try to replace the image present on multiple wikis by promotional images for his new album.
The file was license reviewed by myself in August 2017 and double-checked by Materialscientist in April 2019 (the deletion request coincide with the coming release of the new album, probably opened by WebSheriff or someone from The Weeknd staff).
For the Flickr account, it still exists but the picture in question disappeared, Flickr probably responded to the same DMCA request or the author received pressures.
Anyway, CC licenses are not revocable and per Alexis above, this bogus DMCA should be counter-claimed or it could create a dangerous precedent.
xoxo. --Thibaut (talk) 09:34, 14 March 2020 (UTC)[reply]
There is no real doubt it was under the named license on the Flickr site at the time. By all appearances, it seemed OK. However you never fully know what contracts exist behind the scenes. It's usually up to the copyright owners to counter-claim, and the fact they did not bother to contest the Flickr take-down would make it much harder for us to counter-claim, I'm guessing. I would have very much liked a clarification request to Web Sheriff to explain exactly how their client does own copyright, but that's up to the WMF. That happened on the Estelle Maersk image above, where it was also licensed fine on a Flickr account but it turned out that the account owner did not have the rights to license it that way in the first place, which was nicely explained in the reply from the other lawyer. Carl Lindberg (talk) 15:51, 14 March 2020 (UTC)[reply]
Yeah web sheriff are known for using bogus DMCA stuff for media management. see this.Geni (talk) 18:42, 14 March 2020 (UTC)[reply]
A history of false DMCAs is not exactly promising. I fully understand that you have to comply with validly formatted DMCA requests, JSutherland (WMF) and I am not faulting you for having done so in this situation. Quite the opposite actually as doing so protects all of us from large problems. However, if you or perhaps Jrogers (WMF) has some time next week perhaps you could try to contact Web Sheriff to inquire how they concluded that they have the right to file this DMCA. If they can't provide a valid answer perhaps further action should be explored. I do understand that you are busy and I don't expect anything to happen immediately but it would be greatly appreciated if you could look into this more if that is possible. --Majora (talk) 18:48, 14 March 2020 (UTC)[reply]
Seconded. This just seems like...a few too many things that don't exactly add up here. GMGtalk 19:29, 16 March 2020 (UTC)[reply]
@GreenMeansGo: I think the notice is invalid. Grilling the Sheriff (talk) 21:51, 16 March 2020 (UTC)[reply]
Yeah. On both first and second read, it looks a bit like legal word salad to obfuscate that the best they may have is personality rights. I don't much like that. I don't much at all like the idea of someone strong arming the WMF and in turn our volunteers as a PR management technique. My broader concern is that if this is the case, being able to bully Wikipedia and it's sister projects may be very lucrative, which provides a strong incentive for this to continue. GMGtalk 22:04, 16 March 2020 (UTC)[reply]

 Info The Google take down notice is at https://www.lumendatabase.org/notices/20130121. --Fæ (talk) 10:40, 14 March 2020 (UTC)[reply]

Thank you Fæ, here's the complete list for those who don't want to give their email address.
Most of the websites have either removed the picture or replaced the picture by the promotional images given in the DMCA request (sometimes it's even anachronic!), which reinforce my view that this is purely for brand/marketing purposes and not a real copyright problem. --Thibaut (talk) 11:17, 14 March 2020 (UTC)[reply]
Those dumb shits tried to remove https://en.wikipedia.org/wiki/The_Weeknd from Google! - Alexis Jazz ping plz 13:06, 14 March 2020 (UTC)[reply]
@JSutherland (WMF) and Jrogers (WMF): <withdrawn> Grilling the Sheriff (talk) 20:12, 20 March 2020 (UTC)[reply]
There's not a ton they can do unless a community member is willing to take legal responsibility for it and file a counter notification. The vauge threats from a recently-created account are not helpful nor appropriate. --AntiCompositeNumber (talk) 05:05, 21 March 2020 (UTC)[reply]
So Weeknd XO LLC claims that copyright was assigned to them by the photographer. It might be true, although in 99 % of cases it's just the photographed person making things up. There are two things one can do: 1) educate the artist about how to improve images on Wikimedia projects; 2) unofficially ask the photographer whether they had such a contract with the artist. Nemo 07:48, 21 March 2020 (UTC)[reply]

Logs for The_Weeknd_August_2017.jpg[edit]

Examining the office action of deletion, there are three deletions entries for this deletion. My presumption is that there was an original upload on 2017-08-10, then on 2017-10-07 someone overwrote the file twice, perhaps making crops or similar adjustments. Could someone explain these changes, and confirm that they were similar enough for the take-down to apply to all 3 versions, for the benefit of transparency? @Materialscientist: as likely interested party. Thanks --Fæ (talk) 10:23, 14 March 2020 (UTC)[reply]

1st upload was cropped; 2nd uncropped (possibly to let the FR-bot run correctly); 3rd cropped again. All were the same photography. --Túrelio (talk) 10:29, 14 March 2020 (UTC)[reply]
Thanks. Note that all 3 have the same Original Document ID which is convincing that they all have the same original source, even though all three have different SHA1 values. --Fæ (talk) 10:34, 14 March 2020 (UTC)[reply]

Related files[edit]

Here are some related files that may help illuminate any underpinning issues. This is a transcluded report and may change.

File list with same camera, 196 files
File Actor Timestamp
1K_Phew_(38877201221).jpg 287 20190326175817
1K_Phew_(38877204951).jpg 287 20190326175838
1K_Phew_(38877208961).jpg 287 20190326175846
1K_Phew_(38877212311).jpg 287 20190326175900
1K_Phew_(38877249751).jpg 287 20190326175921
6lack_(36412305696).jpg 131 20181009043054
6lack_(36458733975).jpg 131 20181009043110
6lack_August_2017.jpg 8025 20180826121428
Aha_Gazelle_(37990742515).jpg 287 20190326175932
Aha_Gazelle_(37990747825).jpg 287 20190326175946
Aha_Gazelle_(37990756935).jpg 287 20190326180006
Aha_Gazelle_(38161953454).jpg 287 20190326180104
Aha_Gazelle_(38161956314).jpg 287 20190326180115
Aha_Gazelle_(38846947782).jpg 287 20190326180131
Aha_Gazelle_(38846953172).jpg 287 20190326180147
Aha_Gazelle_(38846956622).jpg 287 20190326180202
Aha_Gazelle_(38846961712).jpg 287 20190326180218
Aha_Gazelle_(38877111971).jpg 287 20190326180019
Aha_Gazelle_(38877118611).jpg 287 20190326180036
Aha_Gazelle_(38877124841).jpg 287 20190326180053
Alcordo_in_Toronto_-_2017_(35985208163).jpg 2059 20171218185527
Alcordo_in_Toronto_-_2017_(35985212683).jpg 2059 20171218185538
Alcordo_in_Toronto_-_2017_(36397301110).jpg 2059 20171218185459
Alcordo_in_Toronto_-_2017_(36397309510).jpg 2059 20171218185534
Azealia_Banks_(38053207461).jpg 287 20190326180720
Azealia_Banks_(38053215281).jpg 287 20190326180740
Azealia_Banks_(38053221981).jpg 287 20190326180801
Azealia_Banks_(38053249091).jpg 287 20190326180652
Azealia_Banks_(38053256021).jpg 287 20190326180712
Badbadnotgood_(36458187965).jpg 131 20181009043051
Daniel_Caesar_2017.jpg 809262 20190128083321
Danny_Brown_(36425446276).jpg 131 20181009043149
Danny_Brown_(36469752015).jpg 809262 20190128094451
Danny_Brown_(36470850215).jpg 131 20181009043136
Denzel_Curry_(36333802701).jpg 809262 20190128081942
Denzel_Curry_(36333938531).jpg 809262 20190128081955
Denzel_Curry_(36334092241).jpg 809262 20190128082218
Denzel_Curry_(36470475655).jpg 809262 20190128082206
Denzel_Curry_(36470843325).jpg 131 20181009043257
Denzel_Curry_(36471489825).jpg 809262 20190128081335
Drake_@_Velvet_Underground_2017.jpg 89712 20170912100407
Drake_at_the_Velvet_Underground_-_2017_(35986086223).jpg 2059 20171218185613
Drake_at_the_Velvet_Underground_-_2017_(35986086223)_(cropped).jpg 22669 20180408042436
Drake_at_the_Velvet_Underground_-_2017_(35986086223)_(cropped_2).jpg 22669 20180408042755
Drake_at_the_Velvet_Underground_-_2017_(36398066420).jpg 2059 20171218185603
Drake_at_the_Velvet_Underground_-_2017_(36398066420)_(cropped).jpg 22669 20180408042440
Drake_at_the_Velvet_Underground_-_2017_(36398066420)_(cropped_2).jpg 22669 20180408042530
Drake_at_the_Velvet_Underground_-_2017_(36398066420)_(cropped_3).jpg 22669 20180408042647
Drake_at_the_Velvet_Underground_-_2017_(36398066420)_(cropped_5).jpg 105731 20180505192846
Gabriel_Garzón-Montano_Live_at_Revival_-_Toronto.jpg 3405 20171208150028
H.E.R._(37691657264).jpg 131 20190105125101
H.E.R._(37691663034).jpg 131 20190105125102
H.E.R._(38350863186).jpg 131 20190105125121
H.E.R._(38350866726).jpg 131 20190105125115
H.E.R._(38406024151).jpg 131 20190105125102
H.E.R._(38406029481).jpg 131 20190105125059
H.E.R._2017.jpg 8025 20171115115609
Jorja_Smith_and_Drake_at_the_Velvet_Underground_-_2017_(35960868694).jpg 2059 20171218185548
Jorja_Smith_and_Drake_at_the_Velvet_Underground_-_2017_(35960868694)_(cropped).jpg 22669 20180408043027
Jorja_Smith_and_Drake_at_the_Velvet_Underground_-_2017_(35960874344).jpg 2059 20171218185543
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(35960435114).jpg 2059 20171218185602
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(35985917313).jpg 809262 20190128082928
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36397356070).jpg 809262 20190128083803
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36397356070)_(cropped).jpg 7164380 20181009013954
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36397363740).jpg 809262 20190128083743
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36397789690).jpg 2059 20171218185533
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36397896650).jpg 809262 20190128083545
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36398027280).jpg 809262 20190128083754
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36655425331).jpg 809262 20190128083946
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36655425331)_(cropped).jpg 7164380 20181009014831
Jorja_Smith_at_the_Velvet_Underground_in_Toronto_-_2017_(36794826925).jpg 809262 20190128085857
Joyner_Lucas.jpg 34 20180831124416
Joyner_Lucas_(36791475733).jpg 287 20190326181621
Joyner_Lucas_(36791478663).jpg 287 20190326181634
Joyner_Lucas_(37202720060).jpg 287 20190326182030
Joyner_Lucas_(37203629000).jpg 287 20190326181822
Joyner_Lucas_(37203803310).jpg 287 20190326181727
Joyner_Lucas_(37413530976).jpg 287 20190326181857
Joyner_Lucas_(37413535826).jpg 287 20190326181910
Joyner_Lucas_(37413540886).jpg 287 20190326181923
Joyner_Lucas_(37413546406).jpg 287 20190326181936
Joyner_Lucas_(37413553496).jpg 287 20190326181947
Joyner_Lucas_(37413581586).jpg 287 20190326181814
Joyner_Lucas_(37429154822).jpg 287 20190326182008
Joyner_Lucas_(37429161972).jpg 287 20190326182028
Joyner_Lucas_(37429176642).jpg 287 20190326182043
Joyner_Lucas_(37429180262).jpg 287 20190326182057
Joyner_Lucas_(37429770382).jpg 287 20190326181957
Joyner_Lucas_(37430070152).jpg 287 20190326181834
Joyner_Lucas_(37430074332).jpg 287 20190326181845
Joyner_Lucas_(37430112602).jpg 287 20190326181739
Joyner_Lucas_(37430115132).jpg 287 20190326181753
Joyner_Lucas_(37448144606).jpg 287 20190326181436
Joyner_Lucas_(37448145626).jpg 287 20190326181450
Joyner_Lucas_(37448146426).jpg 287 20190326181502
Joyner_Lucas_(37448147306).jpg 287 20190326181515
Joyner_Lucas_(37448148166).jpg 287 20190326181530
Joyner_Lucas_(37448148916).jpg 287 20190326181544
Joyner_Lucas_(37448149766).jpg 287 20190326181558
Joyner_Lucas_(37448150536).jpg 287 20190326181610
Joyner_Lucas_(37461181301).jpg 287 20190326181647
Joyner_Lucas_(37461184591).jpg 287 20190326181703
Joyner_Lucas_(37461186801).jpg 287 20190326181715
Joyner_Lucas_(37496045541).jpg 287 20190326181420
Killer_Mike_-_Osheaga_2017.jpg 10171 20190131140718
Killer_Mike_-_Osheaga_2017_(cropped).jpg 4301 20190404053612
Lecrae_(37969935145).jpg 287 20190326180228
Lecrae_(37969940695).jpg 287 20190326180242
Lecrae_(38826313602).jpg 41003 20190802012715
Lecrae_(38826316802).jpg 287 20190326180305
Lecrae_(38826318202).jpg 287 20190326180316
Lecrae_(38826319432).jpg 287 20190326180332
Lecrae_(38826341902).jpg 287 20190326180354
Lecrae_(38826346382).jpg 287 20190326180406
Lecrae_(38826353802).jpg 287 20190326180426
Lorde_Osheaga_2017_(01).jpg 92081 20171219222019
Lorde_Osheaga_2017_(01)_(cropped).jpg 1764310 20180129130050
Lorde_Osheaga_2017_(02).jpg 92081 20171219222906
Lorde_Osheaga_2017_(03).jpg 92081 20171219223225
Lorde_Osheaga_2017_(04).jpg 92081 20171219223559
Lorde_Osheaga_2017_(05).jpg 92081 20171219223815
Majid_Jordan_(36334181771).jpg 131 20181009043230
Majid_Jordan_(36336445021).jpg 131 20181009043219
Majid_Jordan_(36424911586).jpg 131 20181009043235
Majid_Jordan_(36470976275).jpg 131 20181009043249
Mick_Jenkins_(36425488926).jpg 131 20181009043315
Mick_Jenkins_(36426504546).jpg 131 20181009043316
Mick_Jenkins_August_2017.jpg 8025 20170810074117
Osheaga_2017_Attendees_(36336099951).jpg 131 20181009043403
Osheaga_2017_Attendees_(36336826411).jpg 131 20181009043356
Osheaga_2017_Attendees_(36472277105).jpg 131 20181009043348
Playboy_Carti_(36593283492).jpg 287 20190326170758
Playboy_Carti_(36593284092).jpg 287 20190326170809
Playboy_Carti_(36593284702).jpg 287 20190326170825
Playboy_Carti_(36593291262).jpg 287 20190326170915
Playboy_Carti_(36623941721).jpg 287 20190326170931
Playboy_Carti_(36623947081).jpg 287 20190326170950
Playboy_Carti_(36623956731).jpg 287 20190326171007
Playboy_Carti_(36623960391).jpg 287 20190326171024
Playboy_Carti_(36763308755).jpg 287 20190326170851
Playboy_Carti_(36763310175).jpg 287 20190326170857
Playboy_Carti_(36763336065).jpg 287 20190326171036
Run_the_Jewels_(35637115724).jpg 5971 20170810034714
Run_the_Jewels_(35662895033).jpg 5971 20170810034703
Run_the_Jewels_(35662895033)_(cropped).jpg 26765 20190914013633
Run_the_Jewels_(35663588543).jpg 5971 20170810034704
Run_the_Jewels_(36076077520).jpg 5971 20170810034721
Run_the_Jewels_(36303319652).jpg 5971 20170810034701
Run_the_Jewels_(36427801256).jpg 5971 20170810034703
Russ_(36467931135).jpg 131 20181009043101
Russ_(36467931135)_(cropped).jpg 404 20190124182041
Sampha_(36468412335).jpg 131 20181009043055
Thaiboy_Digital_(39392305464).jpg 287 20190326174252
Thaiboy_Digital_(39392351984).jpg 287 20190326174225
Thaiboy_Digital_(39392358054).jpg 287 20190326174240
Thaiboy_Digital_(40071528452).jpg 287 20190326174330
Thaiboy_Digital_(40104472141).jpg 287 20190326174135
Thaiboy_Digital_(40104494921).jpg 287 20190326174149
Thaiboy_Digital_(40104506361).jpg 287 20190326174311
Thaiboy_Digital_(40104510911).jpg 287 20190326174158
Thaiboy_Digital_(40104527671).jpg 287 20190326174215
Thaiboy_Digital_(40104540331).jpg 287 20190326174341
The_Weeknd_(36335324381).jpg 131 20181009043344
The_Weeknd_(36428013676).jpg 8086 20171205193909
The_Weeknd_(36428013676)_(cropped).jpg 386 20200314033928
The_Weeknd_(36471697425).jpg 131 20181009043349
Tory_Lanez_(36333766651).jpg 131 20181009043213
Tory_Lanez_(36334139801).jpg 131 20181009043221
Tory_Lanez_(36426606656).jpg 131 20181009043224
Tory_Lanez_(36427478776).jpg 131 20181009043139
Tory_Lanez_(36473188825).jpg 131 20181009043155
Tory_Lanez_August_2017.jpg 8025 20170810073231
Tove_Lo_Osheaga_2017_(01).jpg 92081 20171219225347
Tove_Lo_Osheaga_2017_(01)_(cropped).jpg 22669 20171225061359
Tove_Lo_Osheaga_2017_(02).jpg 92081 20171219225558
Tove_Lo_Osheaga_2017_(03).jpg 92081 20171219225835
Tove_Lo_Osheaga_2017_(03)_(cropped).jpg 22669 20171225061327
Tove_Lo_Osheaga_2017_(04).jpg 92081 20171219230042
Tove_Lo_Osheaga_2017_(04)_(cropped).jpg 22669 20171225061349
Tove_Lo_Osheaga_2017_(05).jpg 92081 20171219230249
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Tove_Lo_Osheaga_2017_(06).jpg 92081 20171219230505
Vance_Joy_(36425473466).jpg 131 20181009043322
Vance_Joy_(36426983686).jpg 131 20181009043322
Yung_Lean_(36424014676).jpg 131 20181009043126
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Yung_Lean_(39211585215).jpg 287 20190326174105
Yung_Lean_(39211628375).jpg 287 20190326173923
Yung_Lean_(39398721414).jpg 287 20190326173906
Yung_Lean_(39398733924).jpg 287 20190326173945
Yung_Lean_(39398737114).jpg 287 20190326173957
Yung_Lean_(39398744544).jpg 287 20190326174010
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Yung_Lean_(40078169912).jpg 287 20190326174043
Yung_Lean_(40110757521).jpg 287 20190326174115

196 rows in set (2 hours 43 min 8.11 sec)

Updated with 196 files, which appears to be all files on Commons with camera data that matches the DMCA deletion, though this is not all files from the same photographer. --Fæ (talk) 17:24, 14 March 2020 (UTC)[reply]

@Fæ: what's the advantage of this list over incategory:"Photographs by Anton Mak" incategory:"Taken with Canon EOS 6D" ? - Alexis Jazz ping plz 18:01, 14 March 2020 (UTC)[reply]
They may be equivalent now, but any deletions will remain in a report. --Fæ (talk) 19:11, 14 March 2020 (UTC)[reply]

Update from the Foundation[edit]

Hi everyone - we reached out to WebSheriff for some more information about the authorship of this image in particular given the confusion here. They informed us that the photograph was indeed taken by Anton Mak, as the metadata on Commons already showed; however, Mak retained his rights to the image, so when the publication uploaded his photograph to Flickr and licensed it under a CC license this was not authorised by himself as the photographer (note that this may be true of other images on the Flickr account, but we don’t know outside of this specific one). At some point between that upload and this takedown request, Mak signed an agreement with The Weeknd's company ("Weeknd XO, LLC"), who wound up acquiring the photograph and the copyright to use it. Therefore, as best we can tell, the copyright does indeed belong to The Weeknd rather than the photographer here.

Hopefully this clears things up. As always with DMCA takedowns, anybody is free to file a counter notice should they wish to. We have yet to receive one. Joe Sutherland (WMF) (talk) 22:05, 27 March 2020 (UTC)[reply]

Thank you for this update, Joe Sutherland (WMF). Given this, I do not think that we can continue to consider the Flickr stream thecomeupshow as trustworthy. Hence, I have added this Flickr id to Commons:Questionable Flickr images/Users. --AFBorchert (talk) 22:41, 27 March 2020 (UTC)[reply]
I have filed an associated deletion request. --AFBorchert (talk) 22:52, 27 March 2020 (UTC)[reply]
This case is currently discussed in the Signpost newsroom. Proposed headline: Celebrity pays consultant to withdraw CC license. --AFBorchert (talk) 08:23, 2 April 2020 (UTC)[reply]
  • Is the tale told by WebSheriff to be taken without any kind of confirmation? Will Anton Mak confirm this story? Can the acquisition by Weeknd retroactively trump the free licensing made by the thecomeupshow? -- Tuválkin ✉ ✇ 20:22, 2 April 2020 (UTC)[reply]
    • Thought I'd post a quick response here (should I also note this in the Signpost discussion?). Generally yes, we do take the info in DMCA requests as given by the requester. That's why there's the penalty of perjury requirement: if Web Sheriff lied about the info JSutherland shared, they'd have perjured themselves. We do still sanity check requests though. For example, I run a reverse image search and will ask requesters what's going on if an image they claim to own appears to belong to someone else. But unless we find evidence to the contrary (which hasn't happened here as of this posting), we have to accept that the info someone sends us as part of a DMCA is factually accurate. As to the retroactive part, if we assume the info from Web Sheriff is accurate, the image was never CC licensed to begin with because the party that purported to license it didn't have the right to do it. That probably does mean that viewing this Flickr account as suspect is a good move, sadly. That also means that there's no challenge in this case to the CC licenses themselves. CC licenses continue to work just fine, but they always require that whoever offers the license owns the rights to actually do it. -Jrogers (WMF) (talk) 22:48, 2 April 2020 (UTC)[reply]
    • @Tuvalkin: Please note that Sikander reported in the associated deletion request about his attempt to get in contact with the photographer (ticket:2020033110008444). So far, we do not have received a statement by the photographer regarding the claim by Web Sheriff. --AFBorchert (talk) 23:05, 2 April 2020 (UTC)[reply]

I note that the takedown notice cited in the OP says "the copyright in the relevant images... has been assigned to the Rights Owners", but does not specify when that assignment took place. It may or may not, therefore, have occured after the image was licensed by the former right holder - we simply do not know. But we should endeavour to find out. Andy Mabbett (Pigsonthewing); Talk to Andy; Andy's edits 19:11, 3 April 2020 (UTC)[reply]

Worth asking The Come Up Show if Anton Mak was commissioned to take those photos or not.
Acagastya (talk) 17:14, 17 November 2020 (UTC)[reply]

Vera Tammen[edit]

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me. The takedown can be read here.

Affected file(s):

Thank you! Joe Sutherland (WMF) (talk) 17:19, 17 April 2020 (UTC)[reply]

Thanks for the notice. Please note that this DMCA takedown notice also includes File:By Vera Tammen.jpg (see third URL in wmf:File:DMCA Vera Tammen.pdf on the first page) which was today speedily deleted per Commons:Deletion requests/Files uploaded by Haahava by De728631. --AFBorchert (talk) 17:48, 17 April 2020 (UTC)[reply]
Ah, good catch AFBorchert, thank you. :) Joe Sutherland (WMF) (talk) 18:40, 17 April 2020 (UTC)[reply]
@JSutherland (WMF): Legal question about this DMCA notice that probably shouldn't be stated on wiki per BEANS - how should I ask it? Email? --DannyS712 (talk) 21:41, 17 April 2020 (UTC)[reply]
@DannyS712: By all means email ca@wikimedia.org. Joe Sutherland (WMF) (talk) 21:44, 17 April 2020 (UTC)[reply]
Sent --DannyS712 (talk) 21:49, 17 April 2020 (UTC)[reply]

Peter and Paul[edit]

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me. The takedown can be read here.

Affected file(s):

Thank you! Joe Sutherland (WMF) (talk) 19:04, 21 May 2020 (UTC)[reply]

File:National Army Museum, London.jpg[edit]

In compliance with the provisions of the US Digital Millennium Copyright Act (DMCA), and at the instruction of the Wikimedia Foundation's legal counsel, one or more files have been deleted from Commons. Please note that this is an official action of the WMF office which should not be undone. If you have valid grounds for a counter-claim under the DMCA, please contact me. The takedown can be read here.

Affected file(s):

Thank you! NahidSultan (WMF) (talk) 17:27, 27 July 2020 (UTC)[reply]

Hello NahidSultan (WMF)! Thank you for notifying us about this. Why has the name been redacted in the DMCA? That information isn't usually redacted unless it is simply an employee acting on behalf of a company. Also, it is only redacted on the foundation-page and not in the PDF. (ping JSutherland (WMF)) --Jonatan Svensson Glad (talk) 18:00, 27 July 2020 (UTC)[reply]
@Josve05a: I think that was just an oversight, I can unredact the name of the photographer. Joe Sutherland (WMF) (talk) 18:02, 27 July 2020 (UTC)[reply]
I do not have much time right now but this photo is part of a set of photos uploaded by Britishfinance on 7 October 2019 which are all related to Category:Event Communications, a category which was created on the same day. Some of these photos are sourced from elsewhere, others are declared as {{Own}} as File:National Army Museum, London.jpg has been. Take for example File:EPIC The Irish Emigration Museum I.jpg which was published before according to tineye. --AFBorchert (talk) 18:26, 27 July 2020 (UTC)[reply]
I have been nominating some of the uploader's images which are findable on the web (more recently, that uploader seems to have been better about finding licensed Flickr images instead). Don't think I've made it to the above ones yet, but agreed that the lower-resolution "own work" images from that upload era are likely taken from the web. Carl Lindberg (talk) 19:34, 27 July 2020 (UTC)[reply]
User:Clindberg, all 347 of this users own works are suspicious, and may all have to be deleted. I will complete a write up and nominate them all later this week, unless you'd prefer to. There is no need to nominate anymore individually.--BevinKacon (talk) 23:15, 27 July 2020 (UTC)[reply]
OK. I spot checked some of the others and did not find any obvious internet hits, so left them alone. There are lower-resolution ones among those for sure. I think I'm done though. Carl Lindberg (talk) 00:23, 28 July 2020 (UTC)[reply]
Thank you all for checking other uploads as well. @Josve05a: It was indeed an honest mistake. Thanks Joe for taking care of this. -NahidSultan (WMF) (talk) 06:30, 28 July 2020 (UTC)[reply]
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