Jump to content

File:The Andover, Kansas EF3 tornado.jpg

Page contents not supported in other languages.
This is a file from the Wikimedia Commons
From Wikipedia, the free encyclopedia

Original file ‎(1,500 × 1,200 pixels, file size: 493 KB, MIME type: image/jpeg)

This media file has been nominated for deletion since 3 September 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 photograph was taken by Mike Umscheid in the United States in 2022. His website is currently under maintenance (scheduled to complete on August 30), but up to very recently, this image was published there and offered for sale.

Umscheid is or was an employee of NWS Dodge City,[1] but there is no claim that he took this photo while performing his official duties, and the fact that he offers the image for sale suggests that he was taking photos on his own time. There is no reason to think that this image is ineligible for copyright for any other reason.

As a photo taken in the United States after 1989, copyright came into being as soon as it was made.

This image was originally uploaded to the Commons under a CC-0 tag, although there was no evidence that this ever applied to this image. Another user then re-tagged it to keep under the rationales expressed in the {{PD-NWS}} template at the time; that

  1. when the weather.gov general disclaimer says that material not in the public domain will be specifically noted, it means that it must be published with a formal copyright notice. Whereas in reality, not only has the NWS never promised any specific form of notation, there is ample evidence to demonstrate this is not their general practice. This belief also chooses to ignore the words elsewhere in the disclaimer that state that third party images are used by the NWS under license, and to contact the third-party creators for re-use.
  2. the words of a NWS Sioux City regional office policy that placed some public submissions in the public domain somehow applied to this image, although there is nothing to connect it with that office. (The photo was published by the Wichita office).

The image has already been through one DR, with the closing admin concluding that "it can be reasonably assumed that the photographer understood that his work was going to become PD"

Since then, we've learned that:

  • the idea that the NWS labels copyright-protected images with an explicit copyright notice is almost never true A20
  • the terms and conditions that place some public submissions to the Sioux City office are only one of many such conflicting terms and conditions scattered around weather.gov A3
  • NWS offices solicit images that they can use by permission of the photographer. eg
Without clearer evidence that Umscheid intended to place this photo in the public domain, we need to delete this under COM:PRP.
In other languages
Afrikaans ∙ العربية ∙ azərbaycanca ∙ беларуская (тарашкевіца) ∙ বাংলা ∙ català ∙ čeština ∙ dansk ∙ Deutsch ∙ Deutsch (Sie-Form) ∙ Zazaki ∙ ދިވެހިބަސް ∙ Ελληνικά ∙ English ∙ Esperanto ∙ español ∙ euskara ∙ estremeñu ∙ فارسی ∙ suomi ∙ français ∙ galego ∙ עברית ∙ हिन्दी ∙ hrvatski ∙ magyar ∙ հայերեն ∙ interlingua ∙ Bahasa Indonesia ∙ italiano ∙ 日本語 ∙ ಕನ್ನಡ ∙ 한국어 ∙ Lëtzebuergesch ∙ македонски ∙ മലയാളം ∙ Bahasa Melayu ∙ بهاس ملايو ∙ norsk bokmål ∙ नेपाली ∙ Nederlands ∙ norsk nynorsk ∙ norsk ∙ occitan ∙ polski ∙ português ∙ português do Brasil ∙ română ∙ русский ∙ sicilianu ∙ slovenščina ∙ shqip ∙ српски / srpski ∙ svenska ∙ ślůnski ∙ тоҷикӣ ∙ ไทย ∙ Türkçe ∙ українська ∙ Tiếng Việt ∙ 中文 ∙ 中文（中国大陆） ∙ 中文（简体） ∙ 中文（繁體） ∙ +/−

Summary

Description
English: The Andover, Kansas EF3 tornado
Date
Source https://www.weather.gov/ict/event_20220430
Author Mike Umscheid

Licensing

Caution: License review in progress

As of September 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

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
Public domain
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.
*A deletion discussion in November 2023 ruled that Getty Images on the web servers of NWS, are to be considered copyrighted, even without a copyright (©) watermark and are the sole exception to this rule.

English | suomi | македонски | português | +/−

Captions

The Andover, Kansas EF3 tornado

Items portrayed in this file

depicts

inception

29 April 2022

media type

image/jpeg

File history

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

Date/TimeThumbnailDimensionsUserComment
current19:10, 5 June 2023Thumbnail for version as of 19:10, 5 June 20231,500 × 1,200 (493 KB)Nicholas KrasznavolgyiUploaded a work by National Weather Service - Wichita, Kansas - Mike Umscheid from https://www.weather.gov/ict/event_20220430 with UploadWizard
The following pages on the English Wikipedia use this file (pages on other projects are not listed):
Retrieved from "https://en.wikipedia.org/wiki/File:The_Andover,_Kansas_EF3_tornado.jpg"