File talk:Microsoft Surface (cyan).png

The following discussion is an archived debate of the proposed deletion of a fair use image as a replaceable image. Please do not modify it.

The result was to delete the image. — ξ^xplicit 01:28, 21 January 2013 (UTC)

NFCC

Microsoft Surface is a utilitarian object. Utilitarian objects are not protected by copyright in the United States (see Commons:COM:DW#Isn't every product copyrighted by someone? What about cars? Or kitchen chairs? My computer case?), but are often protected by copyright in other countries. I'd assume that the device isn't protected by copyright and that you are free to take a photo of it as long as no unfree software is shown on the screen. --Stefan2 (talk) 00:16, 20 January 2013 (UTC)

Hi. So, you are saying this image would be free if I cut out the software? (Actually, the software is photoshop work of Microsoft; I can reverse it easily.) Or am I missing something else? Best regards, Codename Lisa (talk) 01:24, 20 January 2013 (UTC)

When taking a photo of an item, there are two copyrights to consider: the copyright of the object (in this case a Microsoft Surface) and the copyright of the photographer. A Microsoft Surface shouldn't be protected by copyright in the United States because it is a utilitarian object, per the link I gave above. However, a photo of the device isn't utilitarian, and the copyright to the photo rests with the photographer (see for example Commons:COM:ART#Photograph of an old sculpture found on the Internet, or in a book). Someone else can take a photo of a Microsoft Surface and publish the photo under a free licence, so the image is replaceable. Microsoft software is of course protected by copyright, so unless the device is switched off or is running free software, it won't be completely free. Compare with an image such as File:Dell Latitude CPx .jpg (a similarly complex machine): the copyright rests only with the photographer. --Stefan2 (talk) 11:38, 20 January 2013 (UTC)

Hi. Thanks for the info. Still, I don't know if it can be reasonably replaced with free image. I have a very hard time finding a Microsoft Surface to photograph. Best regards, Codename Lisa (talk) 18:29, 20 January 2013 (UTC)

Well, the device can be bought in shops, and many people have one. Taking a photo of one is certainly not harder than taking a photo of some random living individual or some random building (see WP:NFC#UUI 1). Or you could look at Flickr or other places. For example, this Flickr stream might have something (but be careful with images of software). The photos have no EXIF but all were obviously taken at the same office, so I don't think that there is any risk that the Flickr account holder has stolen someone else's photos. --Stefan2 (talk) 00:41, 21 January 2013 (UTC)

The above discussion is preserved as an archive of the debate. Please do not modify it.