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This page in a nutshell: Sometimes the Wikimedia Foundation needs to remove content for legal reasons, in response to a request under the US Digital Millennium Copyright Act (DMCA). Such removals cannot be reversed without legal action.

Responding to a DMCA take down notice In the event that material is removed due to a DMCA notice, the only recourse for restoring such material is to file a counter-notice with the Foundation. If you believe that a take-down notice which has been acted upon by the Foundation is without legal basis, please feel free to visit the following sites as a first step in learning about filing a counter-notice:

Please note that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership of the material. The DMCA process requires that you consent to the jurisdiction of a United States court. All notices should be sent to the Foundation's designated agent.

2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024

2025

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Polar Bear on Wrangel Island

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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 Wikimedia Foundation 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) 01:17, 24 January 2025 (UTC)[reply]

I was able to verify several of this user's other uploads as copyvios. The rest I've nominated at Commons:Deletion requests/Files uploaded by Orazgeldiyew. Pi.1415926535 (talk) 01:39, 24 January 2025 (UTC)[reply]

Stoned Fox

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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 Wikimedia Foundation 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) 18:56, 2 April 2025 (UTC)[reply]

This takedown is particularly interesting because the alleged copyright infringement does not concern the photograph itself, but rather the subject of the photo—a taxidermized animal that is being claimed as a copyrighted artwork. Given that copyright generally does not extend to natural objects or functional creations, it raises the question of whether a taxidermized animal, even if arranged in a specific manner, meets the threshold for copyright protection. It would be useful to see any precedent where taxidermy has been deemed copyrightable as a work of art rather than a physical object. --Jonatan Svensson Glad (talk) 20:40, 2 April 2025 (UTC)[reply]
It does seem reasonable to consider this to be a work of art akin to sculpture given the very deliberate anthropomorphic unlifelike pose. This article provides more context from the artist [1]. I think this image could be locally re-uploaded as fair use for the relevant articles. Hemiauchenia (talk) 22:14, 2 April 2025 (UTC)[reply]
@Hemiauchenia@Josve05a taxidermies can be copyrighted; see COM:CRSM#Taxidermy. FoP is of no use in most cases, as majority of the countries that host interesting taxidermies or modern reconstructions of archaeological artifacts do not permit free uses of indoor/museum works, like the Netherlands, Germany, and Czech Republic, while others are in no-FoP countries like Italy and Tanzania (see, for example, Commons:Deletion requests/Hominin photos violating FoP). JWilz12345 (Talk|Contributions) 00:40, 3 April 2025 (UTC)[reply]
Curiously, the artist's former website http://www.adelemorsetaxidermy.co.uk did not have a copyright notice on 26 May 2018.   — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 01:11, 3 April 2025 (UTC)[reply]
According to w:ru:Упоротый лис (which has more coverage on the artwork than the corresponding enwiki article) as I translated the content using Microsoft Edge's translation, the taxidermy is associated with memes in Russia. Despite being a work of a UK-based artist, the taxidermy was frequently exhibited in Russia (which does not have suitable FoP for non-architectural works). The last known exhibition was during May 24–26, 2013 in Moscow, and May 31–June 2, 2013 in St. Petersburg. No more recent info about the artwork's exhibition ever since; I suspect it is not meant for permanent exhibition in public space. Even if one day Russia expands FoP someday (which may not be possible in reality), this work will fail FoP as it is not for permanent display in public; ruwiki entry on the taxidermy hints at its non-permanent nature. JWilz12345 (Talk|Contributions) 01:51, 3 April 2025 (UTC)[reply]
Thanks, had not seen that section - now I'm gonna go down a rabbit hole a few days in order to read up on caselaw. --Jonatan Svensson Glad (talk) 07:47, 3 April 2025 (UTC)[reply]
Note: I reuploaded this file en:File:Stoned Fox.jpg locally on English Wikipedia as fair use. Absolutiva (talk) 01:33, 8 April 2025 (UTC)[reply]
@Absolutiva: If the file meets the fair use doctrine, Legal would not take down the file. See also previous case. Thanks. SCP-2000 09:31, 8 April 2025 (UTC)[reply]
I also nominated this (Commons:Deletion requests/File:Упоротый лис 1920x2560.jpg) for deletion. Absolutiva (talk) 22:59, 8 April 2025 (UTC)[reply]

Promenade des Anglais, Nice

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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 Wikimedia Foundation 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) 20:39, 10 April 2025 (UTC)[reply]

Uploaded by MrJoack and overwritten by Remitamine.   — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 20:48, 10 April 2025 (UTC)[reply]
They should really include the uploader's user name in the DMCA notice. --Adamant1 (talk) 21:10, 10 April 2025 (UTC)[reply]
Added  Info, Remitamine uploaded the "higher resolution version". JWilz12345 (Talk|Contributions) 01:03, 11 April 2025 (UTC)[reply]
Another added info: this is the only upload of MrJoack (talk · contribs). Consider that uploader unreliable from now on, unless they learn from both COM:Licensing and COM:NETCOPYVIO. JWilz12345 (Talk|Contributions) 01:05, 11 April 2025 (UTC)[reply]
Obvious copyright violation from https://www.courrierinternational.com/article/nice-la-promenade-des-anglais-ne-sera-plus-jamais-la-meme "PHOTO AFP / Valery HACHE". Multichill (talk) 08:24, 11 April 2025 (UTC)[reply]
@JSutherland (WMF): Would you mind leaving the "warning notice" on the original uploader MrJoack's talk page as well, and not just the user who uploaded the larger resolution version? --Jonatan Svensson Glad (talk) 14:53, 12 April 2025 (UTC)[reply]
Sure, I think that’s reasonable. I can also include the upload log when I put these notices onto the board if that would be helpful for people? Joe Sutherland (WMF) (talk) 21:34, 12 April 2025 (UTC)[reply]
Sometimes overwrite uploads are a completely different image, meaning the original uploader didn't do anything wrong -- part of the reason why overwrites are now a lot more restricted. But given that update summary, then yes, it sounds like it was the same basic image uploaded originally. Carl Lindberg (talk) 23:58, 12 April 2025 (UTC)[reply]

The Queen presents the 1966 World Cup to England Captain, Bobby Moore

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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 Wikimedia Foundation office which should not be undone.

In this specific case, the DMCA was granted because the owner of the picture sent the Wikimedia Foundation’s legal department messages under penalty of perjury claiming that they had never licensed it to the original Flickr upload from where the image was originally taken from. The usage of this image may still be fair use in specific contexts, and the legal department encourages editors to do local uploads to that end with an appropriate non-free content justification under local policy, but it is currently too broadly used for that to be the justification the legal department provided in this case. 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) 19:55, 12 May 2025 (UTC)[reply]

Hi, May we know who is copyright claimant of this file? Yann (talk) 20:30, 12 May 2025 (UTC)[reply]
Hi, this info will be in the takedown itself. In this case it was Alamy. Joe Sutherland (WMF) (talk) 20:34, 12 May 2025 (UTC)[reply]
Thanks. Ah I see it is division of en:PA Media. Yann (talk) 20:36, 12 May 2025 (UTC)[reply]
@JSutherland (WMF): You state that they sent messages under penalty of perjury claiming that they had never licensed it to the original Flickr upload from where the image was originally taken from. Could one one those messages also be shared on the foundation-wiki? Or is it the email which you've currently shared you consider doing this, despite it not actually mentioning the Flickr account upload? --Jonatan Svensson Glad (talk) 20:48, 12 May 2025 (UTC)[reply]
The original Flickr upload was https://www.flickr.com/photos/nationalmediamuseum/7936243534/, which is no longer online. Omphalographer (talk) 20:52, 12 May 2025 (UTC)[reply]
I pasted them to wmf:Legal talk:DMCA/The Queen presents the 1966 World Cup to England Captain, Bobby Moore. Joe Sutherland (WMF) (talk) 03:23, 13 May 2025 (UTC)[reply]
Thanks! --Jonatan Svensson Glad (talk) 03:39, 13 May 2025 (UTC)[reply]
Provided that a corporation claims the copyright (rather than an individual person) can we assume 70 year copyright form creation/publication, instead of after death of the individual who photographed this (as a work-for-hire)? I.e. public domain in the UK in 2037? (US URAA copyright not commented on - givent the "newsworthiness" of this image, it's not out of the question that this was published in the US as well within 30 days... --Jonatan Svensson Glad (talk) 05:35, 13 May 2025 (UTC)[reply]
In the UK, the copyright term duration is always based on the person of the author (a human being), even if a corporate body may own the copyright. Crown Copyright being an exception from the rule. --Rosenzweig τ 07:05, 13 May 2025 (UTC)[reply]
Another exception is when the author is genuinely unknown. Andy Mabbett (Pigsonthewing); Talk to Andy; Andy's edits 12:37, 13 May 2025 (UTC)[reply]

Blessed Virgin Mary

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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 Wikimedia Foundation 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) 20:14, 12 May 2025 (UTC)[reply]

Hi, May we know who is copyright claimant of this file? Yann (talk) 20:30, 12 May 2025 (UTC)[reply]
Hi, this info will be in the takedown itself. In this case it was Fratelli Bonella S.r.l. They also provided a copy of the copyright filing from 1985. Joe Sutherland (WMF) (talk) 20:35, 12 May 2025 (UTC)[reply]
So Fratelli Bonella S.r.l. from Milano, Italy, registered a copyright in USA? Interesting. Yann (talk) 20:38, 12 May 2025 (UTC)[reply]
I have registered at least one of my works with the USCO, and I'm from Sweden. --Jonatan Svensson Glad (talk) 20:39, 12 May 2025 (UTC)[reply]
Yes, I know it happens, but I have rarely seen real cases. Yann (talk) 20:42, 12 May 2025 (UTC)[reply]
Relatively rare, but that was how to maintain protection under the Universal Copyright Convention. Carl Lindberg (talk) 00:29, 13 May 2025 (UTC)[reply]
UCC rules are still enforceable despite most of all countries having implemented Berne Convention rules. Also, the work registration was from 1985, during the time UCC had the most effective rules (before 1990s/2000s). JWilz12345 (Talk|Contributions) 01:20, 13 May 2025 (UTC)[reply]
All UCC countries have joined Berne at this point. It would be interesting if a case brought up something on those merits which Berne otherwise allowed -- hard to say the outcome. But yes, not suggesting there is any issue with this takedown -- this work was clearly restored and will be under copyright for quite a while. Just mentioning that foreign registrations and renewals were a lot more common before 1992 (when renewals were abolished), even if still relatively rare. Carl Lindberg (talk) 01:25, 13 May 2025 (UTC)[reply]
Am I correct in claiming "Undelete in 2053" given it was first published per the renewal form on May 1, 1957? Or is there any foreign copyrights to take not of? --Jonatan Svensson Glad (talk) 01:26, 13 May 2025 (UTC)[reply]
Italy seems to be the country of origin (since the work is most associated to the claimant who is based in Milan). JWilz12345 (Talk|Contributions) 02:26, 13 May 2025 (UTC)[reply]
Hmmm, based on the details of the artwork given by this document, this was published in 1957 and was a work made for hire. JWilz12345 (Talk|Contributions) 02:29, 13 May 2025 (UTC)[reply]
I think so. Per the above, I don't see a human author mentioned, so the Italian copyright should last until 2028, and the U.S. until 2053. Carl Lindberg (talk) 02:37, 13 May 2025 (UTC)[reply]
 Agree Category:Undelete in 2053. JWilz12345 (Talk|Contributions) 02:42, 13 May 2025 (UTC)[reply]
@JSutherland (WMF): (It's a long time until then, but:) Would it be ok for the community to undelete the file as a community action in 2053 without a counter-claim?, or do we need to go through those formalities then? --Jonatan Svensson Glad (talk) 02:46, 13 May 2025 (UTC)[reply]
Originally uploaded in 2007 without a source and claimed to be a 19th century painting. Shows that we are right to demand proper sources and not trust unsourced claims like from the 19th century. --Rosenzweig τ 07:16, 13 May 2025 (UTC)[reply]
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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 Wikimedia Foundation 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) 18:13, 27 May 2025 (UTC)[reply]

The PDF of their letter lists four files. (It also conflates copyright and trademark issues.) Andy Mabbett (Pigsonthewing); Talk to Andy; Andy's edits 18:33, 27 May 2025 (UTC)[reply]
Do you think PD-textlogo applies to this file? Trade (talk) 18:44, 27 May 2025 (UTC)[reply]
The registration number for the logo, as per the first page of the PDF-filetype correspondence, is VA1875802. JWilz12345 (Talk|Contributions) 21:04, 27 May 2025 (UTC)[reply]
"CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient."
I don't think Tesla wants you to publish this publically online Trade (talk) 18:43, 27 May 2025 (UTC)[reply]
As the recipient of the DMCA they have the right to post it, irrespective of whatever non-legally binding template footers there may be. I assume WMF's legal team is aware of what they are doing. Isochrone (talk) 18:51, 27 May 2025 (UTC)[reply]
The three files listed in the letter but not taken down are File:Tesla logo.png, File:Tesla Motors Logo.svg, and File:Tesla T symbol.svg. The one that was taken down (anyone can see it in the PDF of the letter) has a slight 3D look and metallic highlight effect. Is that the difference which makes it copyrightable as opposed to the other three? --Rosenzweig τ 19:19, 27 May 2025 (UTC)[reply]
Yes, I suspect that is the case. The copyright registration they got was specifically for the version within a shield, so that one is definitely not OK. They would not be allowed to separately copyright any elements later on, but the supposition is likely that the basic element would not get a U.S. registration. All of the others should have the {{Trademarked}} tag, and should not be "own work" claims though. Carl Lindberg (talk) 22:09, 27 May 2025 (UTC)[reply]
"The Infringing Page at https://commons.wikimedia.org/wiki/File:Tesla,_Inc._-_Logo_(shield_version_2,_colors).svg, even goes so far as to claim that the Wikimedia user “FDRMRZUSA” that uploaded the infringing material is the author and copyright owner of this work" He does have a point tbh. It is annoying when users do that--Trade (talk) 19:35, 27 May 2025 (UTC)[reply]
Yeah. Too many people assume that "own work" means that they did the work of uploading it -- not that they own the copyright. Or find using that phrase is the path of least resistance when getting noticed for deletion. Carl Lindberg (talk) 22:13, 27 May 2025 (UTC)[reply]
But they may be wrong; choosing "own work" as their path of least resistance may trigger opposite effect: they need to prove it is their creation (that is, heavier burden of proof). JWilz12345 (Talk|Contributions) 22:21, 27 May 2025 (UTC)[reply]
I've been arguing for a while now that they need to make it clearer in the uploader wizard what makes something someone's own work and have a triple warning when someone selects the option. I don't think most people know what something being their own work actually means though. They just assume the file was created by them since their uploading it to Commons, which I can understand. It's totally on the project to make things like that clearer. --Adamant1 (talk) 00:04, 28 May 2025 (UTC)[reply]
Certainly trademarked, but I have serious doubts over whether it qualifies for copyright. The question is whether we'd want to take on Tesla's lawyers over this. - Jmabel ! talk 00:13, 28 May 2025 (UTC)[reply]
The one they deleted (inside a shield graphic) has a pretty clear copyright registration which means the U.S. Copyright Office thinks it's above the threshold of originality. I don't see much reason to doubt that and those are long odds if you try to contest it. The ones that we kept, we apparently are disagreeing with their lawyers. I did add the {{Trademarked}} template to one where I saw it was missing. Carl Lindberg (talk) 00:55, 28 May 2025 (UTC)[reply]
Copyright Office Registration link: https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=va0001875802&Search_Code=REGS I would not want to fight Tesla's lawyers, but the shield is a common symbol. I thought adding color, shading, or texture did not take a common symbol into the copyrightable realm. Maybe the Copyright Office decided it looks like a photograph of a 3D object, so it gets a copyright.
The files identified in the letter are
  1. File:Tesla logo.png
  2. File:Tesla Motors Logo.svg
  3. File:Tesla T symbol.svg
  4. File:Tesla, Inc. - Logo (shield version 2, colors).svg
Interestingly, shield version 1, black, was not added to the list:
  1. File:Tesla, Inc. - Logo (shield version 1, black).svg (up for speedy deletion now)
Glrx (talk) 03:04, 28 May 2025 (UTC)[reply]
Shield version 1 honestly looks closer to be below TOO to me, though I hesitate to challenge that speedy. SergioFLS (talk) 06:01, 28 May 2025 (UTC)[reply]
Maybe not, as per the registration record: "TESLA and T Design in Shield Logo." JWilz12345 (Talk|Contributions) 06:10, 28 May 2025 (UTC)[reply]
Speedy delete converted to Commons:Deletion requests/File:Tesla, Inc. - Logo (shield version 1, black).svg. Glrx (talk) 20:19, 30 May 2025 (UTC)[reply]
"They just assume the file was created by them since their uploading it to Commons" That makes no sense. Clearly the file existed before they uploaded it Trade (talk) 12:05, 29 May 2025 (UTC)[reply]
@Joe Sutherland (WMF): As mentioned by @Rosenzweig and @Glrx above, the DMCA takedown notice lists four files, however only one was subject to your office action. Are you able to advise us what action the Legal team are planning to take with regards to the other three files, if any? I have a personal interest in defending public domain content, so would like to understand your course of action before I consider filing a counter notice. odder (talk) 17:18, 30 May 2025 (UTC)[reply]
Is the Tesla "T" logo actually below the threshold of originality when in flat colour? Looking at the examples in Commons:Threshold_of_originality#United_States, the Telsa "T" seems considerably more original in its design, unless someone can point out prior art that the "T" logo resembles. When the Tesla "T" logo in the shield was accepted by the Copyright Office Registration, they presumably accepted it based on the originality of the "T" logo rather than on the very generic and unoriginal shield element (unless the combination of these elements is important, but I am not sure). I can definitely see the text logo being below the threshold though. Hemiauchenia (talk) 00:48, 31 May 2025 (UTC)[reply]

Toni and Annie Breidinger

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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 Wikimedia Foundation 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) 20:22, 27 May 2025 (UTC)[reply]

wasnt this uploaded under fair use? Trade (talk) 12:35, 29 May 2025 (UTC)[reply]
No (and fair use is not allowed here anyway). It was nominated for deletion on May 12, and Commons:Deletion requests/File:Toni and Annie at Kern.jpg was still open until I closed it just now. --Rosenzweig τ 12:42, 29 May 2025 (UTC)[reply]
Am i the only one who see thee absurdity of getting an DMCA from the same person who uploaded the file in the first place? Trade (talk) 08:13, 30 May 2025 (UTC)[reply]
The email claimed the image was hosted on ENWP. I guess knowing how the site works was too high of an expectation Trade (talk) 08:14, 30 May 2025 (UTC)[reply]
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