File:Newton Falssa Damaged homes 1985-05-31.jpg

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This is a file from the Wikimedia Commons. The description on its description page there is shown below. Commons is a freely licensed media file repository. You can help.

This media file has been nominated for deletion since 5 November 2024.

To discuss it, please visit the nomination page.

Do not remove this tag until the deletion nomination is closed.

Reason for the nomination:

This deletion request should be read in the context of Commons:Deletion requests/File:Niles Park Plaza 1985 tornado.jpg

The two images are from the same source, published on the same website, and share the same rationale. However, that request has been open for a long time and is long, and convoluted, so I thought it would be clearer to open a separate request for this one.

This image has been uploaded from a National Weather Service web page, where it is attributed to a third party, the Ohio Department of Transportation.

For many years, hosting such images on the Commons was done in good faith under the rationale that:

public submissions to the NWS all entered the public domain and/or
all files hosted on NWS websites were in the public domain unless they carried a formal copyright notice

An extensive review of this rationale in 2024 revealed that neither of these beliefs held up to scrutiny. These findings were confirmed in an RfC conducted from August to October 2024.

Per COM:ONUS it is the responsibility of the person uploading an image to the Commons or anyone arguing for its retention here to provide evidence of permission from the copyright holder. Nevertheless, I emailed ODOT on September 7 about File:Niles Park Plaza 1985 tornado.jpg. I did get a reply that indicated a willingness to release the image, but when presented with the release template, they stopped responding. (VRT ticket:2024090610010381)

Since this is an image created in the US before 1989, its copyright status rests on knowing when and in what context it was first published. Currently, we do not have any evidence that it was published before it appeared on the NWS website. Therefore, this is a presumably unfree file and we must delete it as a precaution under COM:PRP.

Closing admins should familiarise themselves with the evidence and discussions at this RfC when closing this request.

If this template was added because you clicked "Mark for deletion" in the left menu (right when using Vector 2022 skin), please make sure that all necessary pages have been created. If they haven't been created after a few minutes, or if you added this template manually, you should complete these steps:

1 Visit the deletion requests subpage and place the following code:

{{subst:delete2|image=File:Newton Falssa Damaged homes 1985-05-31.jpg|reason=This deletion request should be read in the context of Commons:Deletion requests/File:Niles Park Plaza 1985 tornado.jpg

The two images are from the same source, published on the same website, and share the same rationale. However, that request has been open for a long time and is long, and convoluted, so I thought it would be clearer to open a separate request for this one.

This image has been uploaded from a National Weather Service web page, where it is attributed to a third party, the Ohio Department of Transportation.

For many years, hosting such images on the Commons was done in good faith under the rationale that:

public submissions to the NWS all entered the public domain and/or
all files hosted on NWS websites were in the public domain unless they carried a formal copyright notice

An extensive review of this rationale in 2024 revealed that neither of these beliefs held up to scrutiny. These findings were confirmed in an RfC conducted from August to October 2024.

Per COM:ONUS it is the responsibility of the person uploading an image to the Commons or anyone arguing for its retention here to provide evidence of permission from the copyright holder. Nevertheless, I emailed ODOT on September 7 about File:Niles Park Plaza 1985 tornado.jpg. I did get a reply that indicated a willingness to release the image, but when presented with the release template, they stopped responding. (VRT ticket:2024090610010381)

Since this is an image created in the US before 1989, its copyright status rests on knowing when and in what context it was first published. Currently, we do not have any evidence that it was published before it appeared on the NWS website. Therefore, this is a presumably unfree file and we must delete it as a precaution under COM:PRP.

Closing admins should familiarise themselves with the evidence and discussions at this RfC when closing this request.

}} ~~~~

2 Go to the deletion requests log and place the following code at the bottom:
{{subst:delete3|pg=File:Newton Falssa Damaged homes 1985-05-31.jpg}}

3 Notify the item's uploader or the creator of the page by placing the following code on the user's talk page:
{{subst:idw|File:Newton Falssa Damaged homes 1985-05-31.jpg|File:Newton Falssa Damaged homes 1985-05-31.jpg}} ~~~~

4 Additionally, you may want to check for Wikimedia projects that use this item and then remove or, if possible, replace with a superior item.

For mass deletions: If you want to nominate several related images, please make a mass request by manually adding {{delete|reason=write reason|subpage=write name|year=2024|month=November|day=5}} to each image page and then following the steps hereinbefore. (Help on mass requests.)

Note: This template is for requests that may require discussion in order to be deleted. For speedy deletions, you can use {{speedydelete|reason}}.

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Summary

Description	English: Damage to a residential area of Newton Falls, Ohio, during the Tornado Outbreak of May 31, 1985.
Date	1 June 1985
Source	http://www.erh.noaa.gov/er/cle/office/localinterest/1985Tornado/1985Tornado_picts.php (dead link) now at: https://www.weather.gov/cle/event_19850531_85outbreak_pictures
Author	Ohio Department of Transportation, District 4

Licensing

Caution: License review in progress

As of November 2024, the copyright and licensing status of this file is under review.

A Commons contributor has asserted in good faith that this file is in the public domain either because:

it is a work of the National Weather Service, and as a work of the US Federal Government, ineligible for copyright or
a third party might have submitted it to a National Weather Service regional office under terms and conditions that placed it in the public domain. For example, the La Crosse, Louisville, Norman, Omaha, Peachtree City, and Sioux Falls offices are known to have had such terms and conditions for certain contests and other public outreach at various points in time (see here for a complete list) or
it is free of copyright for some other reason (for example, it contains no copyrightable elements, or its copyright has expired)

If, during review, this file is found to be in the public domain or available under a free license, a new rationale will be applied as part of the review process and this notice will no longer be displayed. Files that cannot be established with reasonable certainty to be in the public domain or available under a free license will be deleted.

To uploaders

If uploading a file created by NWS and its employees, use {{PD-USGov-NWS-employee}} instead
If uploading a third-party file hosted on an NWS site or channel, use {{PD-NWS-third party}} instead

Before re-using this file
You must verify that at least one of the above conditions is true.

In particular, if the file was created by a third party, verify that the specific terms and conditions under which its creator submitted it to the NWS included an explicit release of the file into the public domain. Read such terms and conditions carefully; at least one of these (Omaha) contains one option which would place the file into the public domain and another option which would not.

If you cannot verify the terms and conditions that applied to the submission, or these terms and conditions did not contain an explicit release into the public domain, contact the creator of the file and ask their permission to re-use it. If you are unable to verify that this file is in the public domain or available under a free license, please consider nominating this file for deletion.

See below for the original rationale for asserting that this file is in the Public Domain.

Original public domain rationale

This image is in the public domain because it was stored on the web servers of the U.S. National Weather Service. NWS-created images are automatically public domain in the U.S. since the NWS is a part of the U.S. government. However, the NWS sites also host non-NWS images which have been submitted by individuals: these are generally shown as "Courtesy of ...". Such images have explicitly been released to the public domain by the copyright owner as part of the upload process.

As stated at https://www.weather.gov/disclaimer/: "The information on National Weather Service Web servers and Web sites is in the public domain, unless specifically annotated otherwise, and may be used freely by the public."

As stated at https://www.weather.gov/fsd/disclaimer: "By submitting images, you understand that your image is being released into the public domain. This means that your photo or video may be downloaded, copied, and used by others."

Thus, all images on NWS servers are public domain (including "Courtesy of ..." and “Photo by ...” images) unless specifically stated otherwise through a copyright (©) watermark.

English | suomi | македонски | português | +/−

File history

Click on a date/time to view the file as it appeared at that time.

	Date/Time	Dimensions	User	Comment
current	22:15, 1 August 2010	600 × 447 (57 KB)	Pierre cb	{{Information \|Description={{en\|1=Damage to a residential area of Newton Falls, Ohio, during the Tornado Outbreak of May 31, 1985.}} \|Source=http://www.erh.noaa.gov/er/cle/office/localinterest/1985Tornado/1985Tornado_picts.php \|Author=National Weather Ser

File usage

The following page uses this file:

1985 United States-Canada tornado outbreak

File:Newton Falssa Damaged homes 1985-05-31.jpg

Summary

Licensing

Captions

Items portrayed in this file

depicts

inception

1 June 1985

File history

File usage