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gradient generated by those values is subject to copyright because it is not creative. If I understand what you are saying correctly, the image we are considering is a different scenario because there was skill involved, correct? The standard for creativity is that if two people set out to do the same thing, would their works be indistinguishable from each other. And I think from what you are saying, the answer is no, their works would not be indistinguishable, and so this image is copyrightable. So then as a follow-up question, what spectra are needed to show here in order for the reader to understand the topic? Is it sufficient to show old spectra or could you not understand this without seeing the more modern, still subject to copyright, spectra? --
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283:(re)discover the spectrum of any of these stars, so the spectra themselves aren't reasonably subject to copyright. And even if they were, the basic properties of the spectra of each type of star have been known since the 19th century, so the copyright on the spectrum itself would have long since expired. But I think that almost certainly any particular representation of the spectrum, and probably any particular measurement of the spectrum of a particular star (irrespective of the representation), would be subject to copyright.
589:. Images of and content about whistle pops available on the internet are literally all copyrighted. Furthermore, I have requested on my talk page that the deletion nominator provide evidence that a free image might reasonably be found or created that adequately provides the same information, and included a ping to them there and added a talkback template on their talk page directing them to the discussion. It does not appear that such content qualifying the deletion of this page actually exists on the internet.
294:(Putting on my practicing professional astronomer hat.) This is, in practice, not something that astronomers think about much; once a set of data is published, it's normally considered available for anyone to use with a citation, although it's quite rare for astronomers to bother with a proper license. The major journals have two different sets of licenses: some journals have authors retain the copyright, while others sign the copyright over to the society that publishes the journal. —Alex (
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lines, although not as strong as in later types." is talking about many of the faint bumps in the spectra evident in the image we're discussing; an older replacement image would not show the detail necessary to visualize what the text is talking about. (Of course, the non-free use rationale should explain this need. The current rationale, "OBAFGKM", is not a reasonable purpose of use.)
196:), you could patent naturally occurring gene sequences, so courts rule odd things sometimes. (2) If the spectra themselves are not subject to copyright, does this image pass the threshold of creativity? If I create a simple representation of a mathematical or scientific reality where there was no creative thought process involved, then there is no copyright.
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stars of all those spectral types for sufficient time and d) have the necessary data analysis and graphical skills to convert the raw data into a useful diagram. I think that's pushing things - it's certainly beyond the ability of most amateur astronomy groups. I suppose a university-level observatory might be able to do it as a teaching exercise.
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deleting those prior to 1955 any more either. There would also be crown copyright expired images available for stellar spectra. (1964 and before). These may all take a bit of work to invert and colour and fatten up to a nice looking bar, but the point is that with a bit of work this cold be assembled from public domain sources.
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Also, omission of the image would significantly decrease the educational value of the article, whereas its use significantly enhances it. The image functions solely as an educational tool to provide illustrative context about the topic, is functional to enhance and improve the article for educational
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have been found after several internet searches. No free or public domain images of this product exist in the world. Content to facilitate creation of an image that adequately provides the same information has also not been found. As such, use of the copyrighted image from Chupa Chups is permissible,
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To add to my earlier comments: I find it unlikely that suitable data exist in the public domain for someone to generate the figure without new observations. They would need to be uniformly obtained by the same instrument, of a suitable resolution and signal-to-noise, cover the right range of spectral
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Perhaps we can find some professional astronomers that do own copyright that can release their images for use. Perhaps there are also amateurs that have the equipment to make spectra. But may be the can only spectrograph the brighter kinds of stars. Also if NASA has published spectra then they will
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are probably only reasonably illustrated by a fairly modern image. eg The sentence "O stars have dominant lines of absorption and sometimes emission for He II lines, prominent ionized (Si IV, O III, N III, and C III) and neutral helium lines, strengthening from O5 to O9, and prominent hydrogen Balmer
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On the topic of copyright of spectra, someone else could also make a new spectrum of the same source, and it could look very very similar to the previously taken one. Only differing in noise, linear shift or minor spectral line changes to to star-spots or variability, eclipsing etc. It would be very
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That depends on your threshold of 'replaceable'. In principle a user could do so, provided that they a) have access to a large (for amateurs) telescope, probably 24-inch or above, b) have a medium-resolution spectrograph which can be attached to it (beyond most amateurs), c) can conceivably observe
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Thank you for replying and this is where I don't know enough about the science to make a judgment call and so I wanted to bring it here. Consider this scenario: there is a mathematical formula that defines the gradient to the right. We would all agree that neither the list of color values nor the
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My argument was nothing to do whether the spectra were PD-ineligible, but due to the claim of fair use. There are PD spectra available from before 1923 in the US. Also photos taken in
Australia prior to 1955 are public domain, and US certainly recognises these if taken before 1946. Commons is not
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I don't know the legalities and I don't know the genetics science well, but I think there's substantial work involved in just identifying a gene sequence, and that effort is what makes the discovery itself copyrightable in genetics. Anyone with a cheap telescope and a spectrograph can go out and
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hard for the earlier spectroscopist who had a similar image to cl,aim copyright over the new image. But I suppose the point is whether the practice is for people to ask for permission to use spectra (answer seems to be yes) so there is an assumption that they are subject to copyright.
189:), who said "I do not think that 16 spectra can be easily replaced. All published spectra are copyrighted." This seems sufficiently complicated that it should have an FFD, not a unilateral decision, so that people who understand such things can explain it.
664:"We would use a photograph where the photographer has licensed their photograph under a free license, retaining the copyright of the derivative work, instead of a photograph that has non-free licenses for both the photograph and work of art."
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types and be in a useful machine-readable format. Even if the data are available, you would still need an expert (probably a professional astronomer) to do it. Certainly if the file is kept it needs a better rationale.
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An image used under a claim of fair use depicting spectra of different classification of stars and sciency stuff that I don't understand. It was tagged as replaceable fair use by
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There are at least two issues to consider: (1) are the spectra themselves subject to copyright? This seems odd, but for a while (until the
Supreme Court struck it down 9-0 in
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So the four possibilities are (a) the spectra are copyrighted, any representation of them would be a derivative work of that copyrighted work, but we should be able to make a
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The image hasn't verified
Knowledge (XXG)'s rules and regulations.The image isn't copyrighted, thereby I strongly consider that deleting the image would be much preferred
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version; (c) the spectra are not copyrighted and we can make a free content version; (d) the spectra are not copyrighted and this representation is PD-ineligible.
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Because someone could go out and take a photo of the candy and release their copyright claims under a free license, that image would be
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Old spectra would be fine for demonstrating the basic properties of each stellar classification. However, the detailed descriptions in
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The following discussion is an archived debate of the proposed deletion of the media below.
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The following discussion is an archived debate of the proposed deletion of the media below.
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The following discussion is an archived debate of the proposed deletion of the media below.
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purposes, and is a small-sized, low-resolution image. No free equivalent is available.
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Association for
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Thanks for your input. I have struck my keep !vote above.
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