Wikimedia Foundation Transparency Report/2014/DMCA Takedown Notices/skr
The Wikimedia community is made up of creators, collectors, and consumers of free knowledge. While most material appearing on Wikimedia projects is in the public domain or freely licensed, on occasion, copyrighted material makes its way onto the projects.
The Digital Millennium Copyright Act (DMCA) safe harbor provision requires us to remove infringing material if we receive a proper takedown request. We thoroughly evaluate each DMCA takedown request to ensure that it is valid. We only remove allegedly infringing content when we believe that a request is valid and we are transparent about that removal. If we do not believe a request to be valid, we will push back as appropriate. To learn more about DMCA procedures, see our DMCA policy.
Below, we provide information about the DMCA takedown notices we have received in the past and how we responded to them.
|July 2012 – June 2014|
|Where did these requests come from?|
|JULY 2013 – JUNE 2014|
|Which Wikimedia projects were targeted?|
Babe Ruth's “Called Shot”
- Time Period: March 2014
- Story: A film shot by Matt Kandle at the 1932 World Series provides evidence of Babe Ruth's famous “called shot,” in which he gestured to center field before hitting a home run to the same location. The copyright owner sent us a DMCA takedown request regarding a still image from the film used on English Wikipedia. We declined to remove the image on the basis of fair use, citing its extraordinary value in illustrating the famous moment and the educational purpose it serves.
Obama & Mandela Meet
- Time Period: December 2013
- Story: We received a takedown notice for a photo on Commons of then-Senator Barack Obama’s first meeting with Nelson Mandela. Because the photographer David Katz was a federal employee at the time, the photo was believed to be in the public domain. Katz argued the photo was not taken as part of his “official duties” and thus not in the public domain. After an exhaustive factual investigation, we could not find sufficient evidence that photography was one of Katz’s official duties and therefore removed the image. Read more.
- Time Period: November 2013
- Story: A publishing company sent us a takedown request concerning four famous works on Wikisource: French translations of Jane Austen's Pride and Prejudice and Persuasion, a French translation Arthur Conan Doyle's The Adventures of Sherlock Holmes, and Jean de la Fontaine’s Fables. We immediately noticed the peculiarity with the request: all four original works (and likely their French translations as well) were old enough to have fallen into the public domain. When we alerted the company to this point, it rescinded the takedown notice.