Talk:Wisconsin Heights Battlefield

A fact from Wisconsin Heights Battlefield appeared on Wikipedia's Main Page in the Did you know column on 20 September 2007. The text of the entry was as follows:

Did you know... that the area known as the Wisconsin Heights Battlefield has been inhabited by at least five Native American tribes?

A record of the entry may be seen at Wikipedia:Recent additions/2007/September.

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Military history: North America / United States

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National Register of Historic Places Low‑importance

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Wisconsin Mid‑importance

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Copyright of Wisconsin Heights painting image[edit]

Although the painting may be out of copyright, the image created by the Wisconsin Historical Society is recent, and therefore copyrighted. Their website states:

This image is issued by the Wisconsin Historical Society. Use of the image requires written permission from the staff of the Division of Library-Archives. It may not be sold or redistributed, copied or distributed as a photograph, electronic file, or any other media. The image should not be significantly altered through conventional or electronic means. Images altered beyond standard cropping and resizing require further negotiation with a staff member. The user is responsible for all issues of copyright.

Please demonstrate permission granted from WHS to use the image in Wikipedia. —Preceding unsigned comment added by 12.76.154.39 (talk) 18:04, 26 July 2008 (UTC)[reply]

Please, you can't assert copyright over a derivative image for a work that is out of copyright, give me a break. --IvoShandor (talk) 06:10, 25 October 2008 (UTC)[reply]

Originality is key, this image has NONE, therefore it is a derivative image. It's copyright is tied to the original work. None of the case law I have read over, and IANAL, would support your assertion. --IvoShandor (talk) 06:12, 25 October 2008 (UTC)[reply]

Basically, what it comes down to is this statement (and this is the Wikimedia foundation's official position, so take it up with them -empahsis mine (bold)):

"The official position taken by the Wikimedia Foundation is that "faithful reproductions of two-dimensional public domain works of art are public domain, and that claims to the contrary represent an assault on the very concept of a public domain". For details, see Commons:When to use the PD-Art tag.

This photographic reproduction is therefore also considered to be in the public domain."

--IvoShandor (talk) 06:16, 25 October 2008 (UTC)[reply]