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Conservapedia:Joaquín Martínez
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Joaquín Martínez Rosado[note 1] is from Campeche, Mexico. He claims to be an academic and is Conservapedia's resident specialist on the fine arts. As resident art thief, Joaquín is the most prominent uploader of (misappropriated) images at Conservapedia. In the December 13 incident, he voiced his support for JessicaT.
According to his autobiography, for 11 years he was a professor at the National Autonomous University of Mexico. For those who say that Conservapedia sysops are devoid of intellectual abilities, Martínez has published 7 books and collaborated in 5 more. You can find some of them at the Library of Congress, including one suspiciously titled "What every leader should know". Martinez also apparently has a daughter whose picture he displays for the world to see.
Liberals and conservatives alike have often caused Joaquín Martínez to be Conservapedia's #1 victim of Really Horrible UTF-8 Parsing. His non-ASCII user name has occasionally shown up wrong in outside reports (such as ones in RationalWiki), true, but the technical incompetence at Conservapedia has sometimes landed him in real trouble in that end; for example, after the week that never was, due to the use of a wrong character encoding when the backup was restored, he was unable to use his normal account and had to 'temporarily' make an alternate one that he still uses.
Misappropriation of images?[edit]
As already mentioned, Joaquín is a very busy uploader, with the bulk of his uploads being related to images of artistic merit (such as reproductions of paintings, and photos of historical buildings). Copyright legislation may seem complicated, particularly to those who prefer to avoid reading, and Joaquín has found a unique solution to this problem: he ignores the law.
Regardless as to the copyright or license of the image in question, and the intended use, Joaquín will almost always mark Conservapedia's usage of the images as being fair use. This reaches monumentally stupid levels when he appropriates public domain images, yet labels them as being fair use. He regularly raids the liberal Wikimedia Commons, where most images are available under permissive licenses, such as the GFDL and the various Creative Commons licenses, yet even those are treated to the fair use treatment.
In most cases his illegal use of images is made in order that he can have pretty pictures to place in articles. Fair use allows images to be used in specific contexts, but Joaquín seems to have interpreted fair use doctrine as being something that allows him to take whatever he wants in order to make the articles appear pretty.[1]
It is curious that a sysop on a conservative Christian web site would have such a reckless disregard for the law, and even curiouser when one notes that the owner of the site, Andrew Schlafly, is a self proclaimed educator and holds a Harvard law degree.
A sample of Joaquín's "liberation" of images[edit]
Is Joaquín a thief, incompetent, or just too lazy to respect the moral and legal rights of authors? Consider this sample of Joaquín's image uploads during December 2009 and January 2010:
| File | Claimed Legal Status[2] | Actual Legal Status | Our Commentary |
|---|---|---|---|
| cp:File:Naude_The_Worcester_Mountains.jpg | Fair use | Stupid[3] | Public domain image. Fair use not necessary |
| cp:File:Naude_The_Mountain_behind_Groote_Schuur.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Naude_The_Alps.JPG | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:John_Mix_Stanley_River_in_a_Mountain_Landscape_c._1840s.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Annibale_Carracci.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Klimt_Flowering_Field.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Klimt_Unterach_am_Attersee.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Rembrandt_Landscape_with_a_Long_Arched_Bridge.JPG | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Gillis_van_Coninxloo_Mountain_Landscape_with_River_Valle.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Gilles_van_Coninxloo_Paysage.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Borcht_Forest_Landscape.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Lorrain_Pastoral_landscape_with_Lake_Albano_and_Castel_Gandolfo.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Caspar_David_Friedrich_Old_Heroes_Graves.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Gainsborough_The_Blue_Boy.JPG | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Gainsborough_View_of_Kings_Bromley_onTrent_Staffordshire.JPG | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Peter_Taylor_Tjutatja_Aboriginal_watercolour.jpg | Fair use | Illegal | Copyright protected image being used to make an article look pretty. |
| cp:File:Jing_Yi_Ming_Chinese_Landscape_Painting.jpg | Fair use | Illegal | Copyright protected image being used to make an article look pretty. |
| cp:File:Antonio_Meijueiro_Chinesa_Lookout.jpg | Fair use | Illegal | Copyright protected image being used to make an article look pretty. |
| cp:File:Frans_Post_Brazilian_Landscape_with_anteater.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Delaroche_Bonaparte_franchissant_les_Alpes_1848_WC_PD.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Pinto_Pabon_Bodegon.jpg | Fair use | Illegal | Copyright protected image being used to make an article look pretty. |
| cp:File:Yolanda_Pinto_Pintura_impresionista.jpg | Fair use | Illegal | Copyright protected image being used to make an article look pretty. |
| cp:File:Acevedo_Bernal_Simon_Bolivar.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:The_Marriage_of_Figaro.jpg | Fair use | Illegal | Copyright protected image being used to make an article look pretty. |
| cp:File:The_Nozze_di_Figaro_Anonymous_watercolour.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Botero_Los_musicos.jpg | Fair use | Illegal | A reproduction of a copyright protected work, but the article provides no commentary, criticism or reporting of news. It's a stub with lots of nice pictures. |
| cp:File:Botero_Presidential_family.jpg | Fair use | Illegal | A reproduction of a copyright protected work, but the article provides no commentary, criticism or reporting of news. It's a stub with lots of nice pictures. |
| cp:File:Botero_Maternity_2006.jpg | Fair use | Illegal | A reproduction of a copyright protected work, but the article provides no commentary, criticism or reporting of news. It's a stub with lots of nice pictures. |
| cp:File:Boucher_Lumiere_du_monde_1750.jpg | Fair use | Stupid | Public domain image. Fair use not necessary. |
| cp:File:Ricci_The_Adoration_of_the_Magi.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Fra_Angelico_Adorazione_del_Bambino.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Adoração_dos_Magos,_by_Vicente_Gil.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Raphael_The_Adoration_of_the_Magi.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Abraham_Bloemaert_Adoration_of_the_Magi.jpg | Fair use | Stupid | Public domain image. Fair use not necessary |
| cp:File:Abu_el-Abbas_el-Mursi_Mosque_in_Alexandria.jpg | Fair use | Illegal | It should be GFDL or CC licensed, but Joaquín cited fair use while stealing it to make an article look pretty. |
| cp:File:Al-Aqsa_Mosque_Jerusalem.jpg | Fair use | Illegal | It should be GFDL or CC licensed, but Joaquín cited fair use while stealing it to make an article look pretty. |
| cp:File:Centro_Cultural_Islámico_Rey_Fahd,_Buenos_Aires.jpg | Fair use | Illegal | It should be GFDL or CC licensed, but Joaquín cited fair use while stealing it to make an article look pretty. |
| cp:File:Dome_of_the_Rock_2.jpg | Fair use | Illegal | Copyright protected image being used to make an article look pretty. |
| cp:File:Dome_of_the_Rock_Jerusalem.jpg | Fair use | Legal | He met the license terms from the site he borrowed it from, albeit probably by accident, since all they asked is that you include a link to the original. |
| cp:File:Dome_of_the_Rock._.jpg | Fair use | Illegal | Copyright protected image being used to make an article look pretty. |
| cp:File:Temple_mount_WC.jpg | Fair use | Illegal | It should be GFDL or CC licensed, but Joaquín cited fair use while stealing it to make an article look pretty. |
| cp:File:Dome_of_the_Rock_and_Chain_Dome.jpg | Fair use | Illegal | It should be GFDL or CC licensed, but Joaquín cited fair use while stealing it to make an article look pretty. |
| cp:File:Mosque_in_Flushing_Queens_New_York_City.jpg | Fair use | Illegal | He's claiming fair use, but it's just being used to make an article look pretty. Also, he's failed to provide the required attribution. |
| cp:File:La_Mosquée_de_Paris.jpg | Fair use | Illegal | It should be CC licensed, but he's going for fair use since he's using it to make an article look pretty. Ever thought of taking your own damn photos Joaquín, instead of just stealing them from others? |
| cp:File:Who_speaks_for_Islam_cover.jpg | Fair use | Legal | This is a book cover that's reproduced in order to discuss the author.Joaquín is correct. |
| cp:File:Dome_of_the_Rock_interior.jpg | Fair use | Illegal | Copyright protected image used to make an article look pretty. |
| cp:File:Usa_new_year_2010.jpg | No license specified | Legal | Joaquín claims this to be his own work and the quality of it makes one understand why he normally has to steal the work of others. |
| cp:File:Dome_of_the_Rock_and_Al_Aqsa_Mosque.jpg | Fair use | Illegal | The only attribution given is "wiki commons"", which is too vague to satisfy fair use of a copyright protected image. It's a bit like writing a book and for references writing "Books in the library"". |
| cp:File:Hagia_Sophia_Istanbul_Turkey.jpg | Fair use | Illegal | Copyright protected image used to make an article look pretty. |
| cp:File:Goya_CRUCIFIED_CHRIST_Del_Prado_1780.jpg | Fair use | Stupid | Another public domain work. Joaquín incorrectly claims fair use and then states "this image may be freely used on userpages"", which would not in fact be allowed under fair use doctrine. Thankfully it's public domain, so Joaquín is protected from his legal ineptitude. |
| cp:File:Goya_Jovellanos_1798.jpg | Fair use | Stupid | Public domain image. Fair use not necessary. |
| cp:File:Monet_Poppy_Field_near_Vetheuil_1879.jpg | Fair use | Stupid | Public domain image. Fair use not necessary. |
See also[edit]
Notes[edit]
- ↑ This is a Hispanophone name, so his family name is "Martínez Rosado" with "Martínez" being his father's first family name and "Rosado" being his mother's first family name
Footnotes[edit]
- ↑ TV stations have to pay money if they wish to broadcast a show belonging to someone else. There are certain exclusions to copyright law to allow the re-broadcasting of clips for specific purposes, in much the same way that fair use allows the re-use of images for specific purposes. If Joaquín were running a TV channel then he would be doing the equivalent of video taping shows from other channels and re-broadcasting them willy-nilly. His only legal defense is Conservapedia's obscurity.
- ↑ Joaquín labels practically everything as fair use. Have a shot of tequila each time Joaquín doesn't cite fair use when uploading an image. You'll be lucky you get tipsy, even if you review all of his uploads for an entire year!
- ↑ This is considered stupid because there's no need to claim fair use when an image is in the public domain. Fair use would only be used if there were doubts as to the legal status of the image, but even then it would be wise to include a statement indicating good faith in the use of the image.