File talk:Venus Express.jpg

The ESA's copyright page specifically provides the following statement: "'''Copyrights The contents of the ESA Science website are intended for the personal and non-commercial use of its users. ESA grants permission to users to visit the site, and to download and copy information, images, documents and materials from the web site for users' personal non-commercial use. ESA does not grant the right to resell or redistribute any information, documents, images or material from its web site or to compile or create derivative works from material on its website. Use of material on the website is subject to the terms and conditions outlined below.

All material published on the ESA Science website is protected by copyright and owned or controlled by ESA or the party credited as the provider of the content, software or other material.

Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content, software, material or services, in whole or in part, without obtaining prior written authorisation. In order to obtain authorisation to display or use any content of the ESA Science website, please make a request for authorisation by clicking on Comments at the main ESA site at http:/www.esa.int. For any further information regarding the ESA Science website, please see the ESA Portal disclaimer at http://www.esa.int/export/esaCP/SEMNXVZKQAD_index_0.html"

I don't see how this use of the image does not constitute "redistribution" and thus this is a copyright violation. --SVTCobra 18:15, 29 November 2007 (UTC)


 * I'd consider use of this image okay under fair use, it needs a rationale. The image seems to be available as part of a press kit so clearly expected to be used elsewhere. This doesn't make it a free image though so it still needs a fair use rationale explaining why we consider it acceptable to use this copyrighted material. Adambro 18:19, 29 November 2007 (UTC)


 * Perhaps a lower-resolution version would be fair-use, as in whatever size we actually display in the article, but this hi-res one seems to be a violation of what they are saying. It is intended for "personal use" not media. --SVTCobra 18:25, 29 November 2007 (UTC)
 * They even say you may not display it without written authorization. --SVTCobra 18:26, 29 November 2007 (UTC)


 * The whole point of fair use is that we justify using copyrighted materials so of course this image is going to say it's copyrighted. The image is part of a press kit so is clearly expected to be used by the media. I would agree that a scaled down version might be more appropriate though. Adambro 18:50, 29 November 2007 (UTC)
 * I added a fair use rationale (but i havn't removed the big scary template, as i'm not sure if it is ok) as this seems like the perfect example of fair use. Originally this is what publicity was essentially made for. Its part of a press kit, so its specifically made for journalists, we're jornalists reporting on the event, therfor it is fair use to use it in news reporting (IANAL, that is just my geuss...) Bawolff ☺☻ 01:26, 30 November 2007 (UTC)

When you download the high-resolution version of the file, the following text pops up in a window.

"Copyright Notice

The ESA Portal Multimedia Gallery contains images and videos used throughout the ESA Portal. The images are offered in the Gallery in the highest resolution available.

Most images have been released publicly from ESA. You may use ESA images or videos for educational or informational purposes. The publicly released ESA images may be reproduced without fee, on the following conditions:

Credit ESA as the source of the images: Examples: Photo: ESA; Photo: ESA/Cluster; Image: ESA/NASA - SOHO/LASCO ESA images may not be used to state or imply the endorsement by ESA or any ESA employee of a commercial product, process or service, or used in any other manner that might mislead. If an image includes an identifiable person, using that image for commercial purposes may infringe that person‘s right of privacy, and separate permission should be obtained from the individual."

Although it doesn't explicitly say so, I believe the Venus Express image is one of the "publicly released ESA images". In the article I credited ESA as the source, so I think it's okay. To make sure, I've emailed ESA and will update you when I get a response. Matt Streeter 02:23, 30 November 2007 (UTC)


 * They replied today and said it's okay to use the image. Matt Streeter 15:56, 4 December 2007 (UTC)

Use of new template proposed
I used this image as an example for the use of Template:Non-free use rationale, which I just added. See Water cooler/policy for discussion. --SVTCobra 17:40, 30 November 2007 (UTC)