Okay, I'm going to try to redirect this thread a bit from the long, drawn
out discussion about legal requirements for model releases of explicit
images (and the related record keeping), because I think that is only one
small aspect of issues.

I agree with those who say there is a low risk of people accidentally
finding images of an explicit nature in Wikipedia articles that are not
directly related to those subjects.  I do agree that at least some
Wikipedia projects seem to have a disproportionately large collection of
such articles, and that some of them are poorly named or identified, so
that someone looking up a term that is used both in relation to a
non-sexual topic and a sexual topic may get a bit of a surprise, and that
needs to be addressed.

On the Commons side of things, I think there has been an over-aggressive
campaign to extract "license compliant" images from Flickr and other
non-WMF repositories that include subjects who were very unlikely to know
that their image was going to be made available on Commons. I believe that
whoever uploads those images to Commons has a personal responsibility to
verify that all of the subjects in those images was aware of, and agrees
to, the licensing terms.  I also believe that it should become part of the
process  that prior to uploading such images, the person uploading to
Commons confirms with the Flickr uploader that the terms of the license are
correct, and that there are suitable model releases where applicable.

Let's not worry so much about what courts have decided, and pay more
attention to developing best practices within our own projects.

Risker/Anne
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