UDWiki:Moderation/Policy Discussion/Citerion 13 - Speedy Deletion of Copyrighted Images

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Rough Draft 1.2

Reasoning

This policy would change the way that image files are speedy deleted. It would also be an exception from the keep voting rule for speedy deletions, as images that go against the TOS Section 5.1.2, specifically:
"not use the Services, Ancillary Systems and/or Client System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client's country or any other place where the results of such purpose or the material in question can be accessed;"

or violates the UDWiki:Copyrights specifically:

"The Urban Dead Wiki prohibits the usage of copyrighted material in anyway way shape or form without the express consent of the original owner of such material. This includes the usage of logos and other forms of intellectual property."

are against the rules of use on the UD wiki and are not subject to debate as to if they are to be kept or not, but are subject to seeing if the uploader had the permission to use the images or not. Images that are nominated will be put on the speedy deletion page under their own separate section, where only the person who uploaded the image has five days to prove permission of use from the copyright holder.

Implementation

A criterion 13 shall be created that states the following:
"Copyrighted image: The image is a copyrighted image that is not used with the permissions of the rights-holder. Only the uploader has five days to prove permission of use (through the copyright holder contacting the moderation staff) or the image will be purged. No keep votes will be accepted for these images."

The person who puts the image up for deletion must provide a link to the individual(s) who actually own the copyright for the image, so that the Moderation staff will be able to determine where the image is from, who owns the image and rights to the image, and can determine if just a fair-use notice could be included for the image (following standard fair-use practices).

If the image is found to be in violation, the uploader has five days to bring forth permission that they can use the image in the form of proof (an email from the copyright holder to the moderation staff, a notice on the copyright holder's website, etc.). During this time, the images would be placed in a separate holding section, where they would await the proof of permission. The proof shall be weighed by the moderation staff in order to determine eligibility for retention on the wiki. If the image is kept, the proof of permission shall be placed in the comments section of the image in order to show to all users that the image is being used with permission. Images that are given permission after the five days can be re-uploaded provided that the uploader can provide proof of permission of use and posts it in the comments section of the image.

As always, the burden of proof is on the poster of the image, rather than the community, as at the bottom of every page, there is large bolded text that states:
"You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see Project:Copyrights for details). DO NOT SUBMIT COPYRIGHTED WORK WITHOUT PERMISSION!"

Voting Section

Voting Rules
Votes must be numbered, signed, and timestamped. They can take one of two forms:
  • # comments ~~~~
    or
  • # ~~~~

Votes that do not conform to the above will be struck by a sysop.

The only valid voting sections are For and Against. If you wish to abstain from voting, do not vote.

Policy is currently under discussion.

For

Policy is NOT under voting.

Against

Policy is NOT under voting.

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