File:Waterboard3-small.jpg

Summary[edit]

Licensing[edit]

Picture taken by Jonah Blank in 2005 at the Tuol Sleng Prison in Phnom Penh, Cambodia. The prison currently serves as a torture museum. Published on the Web by David Corn. http://www.davidcorn.com/

This work is copyrighted (or assumed to be copyrighted) and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content § Images or Wikipedia:Non-free content § Audio clips, and it is not covered by a more specific non-free content license listed at Category:Wikipedia non-free file copyright templates. However, it is believed that the use of this work: To illustrate the subject in question Where no free equivalent is available or could be created that would adequately give the same information On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation, qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights. Fair use //en.wikipedia.org/wiki/File:Waterboard3-small.jpg true

• Fair use rationale in Vann Nath:

1. This is a significant work that could not be conveyed in word
2. There is no alternative, public domain or free-copyrighted replacement available.
3. Inclusion is for information, education and analysis only.
4. Its inclusion in the article(s) adds significantly to the article(s) because it shows the subject, or the work of the subject, of the article(s).
5. The image is a low resolution copy of the original work of such low quality that it would be unlikely to impact sales of the work.

Copyright Information[edit]

Jonah Blank, privately contacted at an earthlink email address (his name with no spaces @) said:

It's fine with me to use the photos for a wikipedia article about waterboarding-- I am the photographer, so I give whatever permission is necessary to have them distributed as widely as possible.

He likely will consent to a formal release if asked.

Actually please note that Jonah Blank does not own the copyright to this image as photographer, as it is a photograph accurately (other than some glare and a bit of framing) representing 2-dimensional work of art. The original illustrator has the copyright on the depicted work, so this is of unknown provenance and copyright. The museum itself may not have rights to the image beyond displaying it. At best this is fair use now. NTK 19:45, 25 October 2007 (UTC)

As far as I can tell, this painting would not qualify for international copyright protection. The Khmer Rouge were not signatories to the Berne convention or any international copyright treaties. No subsequent government signed up to the Berne convention or anything similar; In 1996 Cambodia signed an agreement with the U.S. to bring some element of IPR rights into it's law, but it was 2003 before the Law on Copyrights and Related Rights was actually passed. Hence this painting predates copyright law in Cambodia, and any copyright claims under international treaty or convention in other countries.[1][2][3][4] Chris Bainbridge (talk) 11:36, 18 February 2008 (UTC)

So far, I remain unconvinced. How do we know this was PD in Cambodia in 1996? It joined WIPO in 1995, so obviously it had some sort of intellectual property law at the time. Calliopejen1 (talk) 23:53, 19 February 2008 (UTC)

No copyright -yeah right. The image was painted by a living artist and the pictures belong to the museum - not the Khmer Rouge! And yes, Cambodia has copyright law. Paxse