File:EF3CampCrookSDTornado2018.JPG

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This media file has been nominated for deletion since 30 August 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 image was taken in 2018 in South Dakota by Daniel Kalbach.

There is no claim that he was a US Federal government employee performing his duties, or that this image is ineligible for copyright for any other reason.

As an image made in the United States after 1989, copyright came into being as soon as the image was made.

Prior to the NWS's publication of this photo, it appeared in w:The Ekaklaka Eagle, the day after the tornado.[1]

Not that it's been required since 1989, but the newspaper's footer includes an explicit copyright notice: "© Copyright 2024" and its copyright policy reads in part: "Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of The Ekalaka Eagle or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Web Site. This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 4 below) or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws)."[2]

This is not a free image and we must delete it.

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Visit the deletion requests subpage and place the following code:

{{subst:delete2|image=File:EF3CampCrookSDTornado2018.JPG|reason=This image was taken in 2018 in South Dakota by Daniel Kalbach.

There is no claim that he was a US Federal government employee performing his duties, or that this image is ineligible for copyright for any other reason.

As an image made in the United States after 1989, copyright came into being as soon as the image was made.

Prior to the NWS's publication of this photo, it appeared in w:The Ekaklaka Eagle, the day after the tornado.[3]

Not that it's been required since 1989, but the newspaper's footer includes an explicit copyright notice: "© Copyright 2024" and its copyright policy reads in part: "Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of The Ekalaka Eagle or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Web Site. This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 4 below) or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws)."[4]

This is not a free image and we must delete it.}} ~~~~

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Summary

DescriptionEF3CampCrookSDTornado2018.JPG	English: Large EF3 tornado near Camp Crook, South Dakota.
Date	28 June 2018
Source	https://www.weather.gov/media/byz/28June2018CarterTOR.pdf page 5
Author	Daniel Kalbach

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.

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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.

*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 | +/−

File history

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

	Date/Time	Thumbnail	Dimensions	User	Comment
current	07:03, 24 July 2018		957 × 626 (75 KB)	TornadoInformation12	{{Information \|description ={{en\|1=Large EF3 tornado near Camp Crook, South Dakota.}} \|date =June 28, 2018 \|source =https://www.weather.gov/media/byz/28June2018CarterTOR.pdf \|author =NWS Billings }}

File usage

The following pages on the English Wikipedia use this file (pages on other projects are not listed):

Metadata

This file contains additional information, probably added from the digital camera or scanner used to create or digitize it.

If the file has been modified from its original state, some details may not fully reflect the modified file.

Author	Zach
Date and time of data generation	02:58, 24 July 2018
Date and time of digitizing	02:58, 24 July 2018
DateTimeOriginal subseconds	65
DateTimeDigitized subseconds	65

File:EF3CampCrookSDTornado2018.JPG

Summary

Licensing

Captions

Items portrayed in this file

depicts

inception

28 June 2018

media type

image/jpeg

File history

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Metadata