File:WieselAuschwitzpits.jpg

Summary

The uploader or another editor requests that the local copy of this file be kept. This image or media file is available on the Wikimedia Commons as File:Auschwitz Resistance 280 cropped.jpg. While the license of this work may be compliant with the Wikimedia Commons, an editor has requested that the local copy be kept too. This file does not meet CSD F8, and should not be nominated for deletion as a Commons duplicate without the permission of the tagging editor.

This media was proposed for deletion as a replaceable non-free content. The result was to keep the file, as no adequate free-licensed file exists or can be created to fulfill the limited role performed by this file at the time deletion was considered. However, this file may be replaceable by a free file in other contexts, and in such cases the free file must take precedence. A discussion of this decision may exist on the file talk page.

Licensing

This image is a faithful digitisation of a unique historic image, and the copyright for it is most likely held by the person who created the image or the agency employing the person. It is believed that the use of this image may qualify as fair use under United States copyright law. Other use of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Fair use for more information. Please remember that the non-free content criteria require that non-free images on Wikipedia must not "[be] used in a manner that is likely to replace the original market role of the original copyrighted media." Use of historic images from press agencies must only be used in a transformative nature, when the image itself is the subject of commentary rather than the event it depicts (which is the original market role, and is not allowed per policy).

If this tag does not accurately describe this image, please replace it with an appropriate one.

Licensing

	This image is in the public domain because according to the Art.3 of copyright law of March 29, 1926 of the Republic of Poland and Art. 2 of copyright law of July 10, 1952 of the People's Republic of Poland, all photographs by Polish photographers (or published for the first time in Poland or simultaneously in Poland and abroad) published without a clear copyright notice before the law was changed on May 23, 1994 are assumed to be in the public domain.
This file is NOT necessarily in the public domain in the United States because a non-simple image can only be in the public domain in the U.S.: if it entered the public domain in Poland prior to 1996, or when, after that date, its copyright term expires in accordance with U.S. law. Information about the creation date and creator should be provided. If the image is not in the public domain in the United States, in addition to the license tag for its status in Poland an appropriate fair use license and rationale should be provided, or the image should be proposed for deletion. If the media is in the public domain in both Poland and the United States, it may be transferred to the Wikimedia Commons. Note: If this image is in the public domain in the U.S., modify the end of the copyright tag from "}}" to "|commons}}". This will replace the preceding U.S. copyright notification with a nomination for this image to be moved to the Wikimedia Commons.

Description: Members of the Sonderkommando burning corpses on fyres in pits in 1944. Auschwitz II-Birkenau, photographer unknown. This is one of the famous Sonderkommando photographs taken illegally by Auschwitz prisoners. The Sonderkommando were special squads composed of Jewish inmates and Russian prisoners who were forced to work in and around the gas chambers and crematoria in the summer of 1944. The photographs were taken in secret by the Sonderkommando and smuggled out of the camp by the Polish underground.

More information: Stone, Dan. "The Sonderkommando Photographs," Jewish Social Studies. Volume 7, Number 3, Spring/Summer 2001 (New Series), pp. 132-148.

Source of this image: Auschwitz-Birkenau museum, accessed January 27, 2010. It is also on the Commons, because PD in Poland, as Commons:File:Auschwitz Resistance 280 cropped.jpg

Related images: http://www.holocaustresearchproject.org/othercamps/images/des%20greek%20jewry%20photo%203.jpg

Rationale for use in The Holocaust

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It is a historically significant photograph of Auschwitz-Birkenau during The Holocaust.
2. Because the image depicts a non-reproducible historic event, there is no free equivalent.
3. It is likely to be of lower resolution than the original.
4. It has no commercial value.
5. The photo is being used for informational purposes in an article about the context within which the event took place.

Rationale for use in Night (book)

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It is a historically significant photograph of Auschwitz-Birkenau, one of the concentration camps depicted in Night (book), and a description of a firepit like this one is one of the most notable parts of the book.
2. Because the image depicts a non-reproducible historic event, there is no free equivalent.
3. It is likely to be of lower resolution than the original.
4. It has no monetary value that would be affected by our use of it.
5. The photo is being used for informational purposes in an article about a book that describes a situation such as the one depicted.