Commons:Deletion requests/File:John Barry Prescott (AC, FTSE).jpg

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

File:John Barry Prescott (AC, FTSE).jpg

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Independent of who actually took the photo, the copyright is NOT owned by the uploader, so the uploader is NOT free to upload the photo. Pdfpdf (talk) 10:32, 3 October 2017 (UTC)[reply]

Even if "Marylyn" did actually take the photo, "she" does not own the copyright, so it is not "her" right to give the copyright away. The photo is one of a series commissioned by Prescott of a Melbourne professional photography company; the ownership of the photo is dependent on the agreement between Prescott and the company, and is not dependent on "Marylyn" until she provides wikipedia with some evidence of her right-of-ownership. i.e. "Marlyn" simply asserting that she took the photo is inadequate. Pdfpdf (talk) 10:27, 3 October 2017 (UTC)[reply]

  •  Delete PRP applies. Further. Our policies have been developed over many years to meet 90% of most instances – and they work well. However, these editorial/image issues concerning this Director seem to fall with in the 10% of paid editor issues which waist us much time whilst we are being ultra-fair and giving the unloader the benefit of the doubt all the time. Why can't we Be Bold and just block and delete. For if it waddles like a duck, squawks like a duck and look like a duck – then it probably is a duck. If it turns out that we are all suffering from mass delusions (!) and got it horribly wrong on this rare occasion, it is quicker to reinstate, rather than doing what we are doing now. Why let paid editors game the system leading us through all these endless discussions, which will inevitable conclude with delete and block anyway? Their natural habit is on LinkedIn and Twitter where they will feel happier and more at home. P.g.champion (talk) 13:09, 3 October 2017 (UTC)[reply]
  • Per Commons:Deletion requests/File:John B Prescott, Australian business leader.jpg (which I believe was the same photo) it was commissioned by John Prescott and taken by Van Der Toorren, a prominent Melbourne Photographer. So, don't believe the claimed authorship at all. I don't think I was able to find it on the Internet before, so it does feel like someone associated with the subject scanned a print of the photo (which is obviously a number of years old). Or perhaps a printed publication. Australia's copyright law does actually often make the commissioner the owner of the copyright in a commissioned photographic portrait, though the original author may have rights if used beyond a way initially discussed (article 35):
(5) Subject to the last preceding subsection, where:
:(a) a person makes, for valuable consideration, an agreement with another person for the taking of a photograph for a private or domestic purpose, the painting or drawing of a portrait or the making of an engraving by the other person; and
(b) the work is made in pursuance of the agreement;
the first-mentioned person is the owner of any copyright subsisting in the work by virtue of this Part, but, if at the time the agreement was made that person made known, expressly or by implication, to the author of the work the purpose for which the work was required, the author is entitled to restrain the doing, otherwise than for that purpose, of any act comprised in the copyright in the work.

 Deleted, reupload of Commons:Deletion requests/File:John B Prescott, Australian business leader.jpg. Taivo (talk) 12:52, 4 October 2017 (UTC)[reply]

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