Misplaced Pages

Latest revision as of 09:17, 27 December 2024

This page documents a Misplaced Pages policy with legal considerations.

Shortcuts WP:FUC WP:NFCC

This page in a nutshell: Respect the rules of non-free content and only use non-free content as a last resort.

As per the Wikimedia Foundation Licensing policy resolution of March 23, 2007, this document serves as the Exemption Doctrine Policy for the English Misplaced Pages.

Rationale

• To support Misplaced Pages's mission to produce perpetually free content for unlimited distribution, modification and application by all users in all media
• To minimize legal exposure by limiting the amount of non-free content, using more narrowly defined criteria than apply under the fair use provisions in United States copyright law
• To facilitate the judicious use of non-free content to support the development of a high-quality encyclopedia

Policy

• WP:NFCCP

There is no automatic entitlement to use non-free content in an article or elsewhere on Misplaced Pages. Articles and other Misplaced Pages pages may, in accordance with the guideline, use brief verbatim textual excerpts from copyrighted media, properly attributed or cited to its original source or author (as described by the citation guideline), and specifically indicated as direct quotations via quotation marks, <blockquote>, {{Quote}}, or a similar method. Other non-free content—including all copyrighted images, audio and video clips, and other media files that lack a free content license—may be used on the English Misplaced Pages only where all 10 of the following criteria are met.

1. No free equivalent. Non-free content is used only where no free equivalent is available, or could be created, that would serve the same encyclopedic purpose.
2. Respect for commercial opportunities. Non-free content is not used in a manner that is likely to replace the original market role of the original copyrighted material.
3. Minimal usage:
   1. Minimal number of items. Multiple items of non-free content are not used if one item can convey equivalent significant information.
   2. Minimal extent of use. An entire work is not used if a portion will suffice. Low-resolution, rather than high-resolution/fidelity/bit rate is used (especially where the original could be used for deliberate copyright infringement). This rule also applies to the copy in the File: namespace.
4. Previous publication. Non-free content must be a work which has been published or publicly displayed outside Misplaced Pages by (or with permission from) the copyright holder, or a derivative of such a work created by a Misplaced Pages editor.
5. Content. Non-free content meets general Misplaced Pages content standards and is encyclopedic.
6. Media-specific policy. Non-free content meets Misplaced Pages's media-specific policy. For example, images must meet Misplaced Pages:Image use policy.
7. One-article minimum. Non-free content is used in at least one article.
8. Contextual significance. Non-free content is used only if its presence would significantly increase readers' understanding of the article topic, and its omission would be detrimental to that understanding.
9. Restrictions on location. Non-free content is allowed only in articles (not disambiguation pages), and only in the article namespace, subject to exemptions. (To prevent an image category from displaying thumbnails, add __NOGALLERY__ to it; images are linked, not inlined, from talk pages when they are a topic of discussion.)
10. Image description page. The image or media description page contains the following:
    1. Identification of the source of the original copyrighted material, supplemented, where possible, with information about the artist, publisher and copyright holder, and year of copyright; this is to help determine the material's potential market value. See: Misplaced Pages:Citing sources § Multimedia.
    2. A copyright tag that indicates which Misplaced Pages policy provision is claimed to permit the use. For a list of image copyright tags, see Misplaced Pages:Image copyright tags/Non-free content.
    3. The name of each article (a link to each article is also recommended) in which fair use is claimed for the item, and a separate, specific non-free use rationale for each use of the item, as explained at Misplaced Pages:Non-free use rationale guideline. The rationale is presented in clear, plain language and is relevant to each use.

Enforcement

• WP:NFCCE

• A file with a valid non-free-use rationale for some (but not all) articles it is used in will not be deleted. Instead, the file should be removed from the articles for which it lacks a non-free-use rationale, or a suitable rationale added.
• A file on which non-free use is claimed that is not used in any article (NFCC 7) may be deleted after being tagged for seven days under speedy deletion criterion F5.
• A non-free file lacking a non-free use rationale may be deleted after being tagged for seven days under speedy deletion criterion F6.
• A file in use in an article that does not meet F5 or F6 may be deleted under speedy deletion criterion F7 as follows:
  • Media from a commercial source which are not the subject of sourced commentary may be deleted immediately under F7b.
  • Non-free media which fail NFCC 1 (no free equivalent) may be deleted after being tagged as such for two days under F7c.
  • Other media with invalid fair-use claims may be deleted after being tagged as such for seven days under F7d.

Note that it is the duty of users seeking to include or retain content to provide a valid rationale; those seeking to remove or delete it are not required to show that one cannot be created—see burden of proof.

Files for discussion is the central venue to discuss whether a particular image meets the non-free content criteria, regardless of whether the file should be deleted or not. For example, a discussion might be held about whether it is appropriate to use an image in ARTICLE1 even if it unquestionably meets the criteria for use in ARTICLE2.

Footnotes

1. At the time of the Resolution's issuance on March 23, 2007, the page WP:Non-free content served as the exemption doctrine policy and is referenced by the Resolution. Since then, the content has been moved around, specifically discussed the following May, and now WP:Non-free content criteria serves as the exemption doctrine policy, while WP:Non-free content serves as guidance for this.
2. A redirect pointing to the page where the non-free content is intended to be used is acceptable as the article name in the non-free use rationale.

• Misplaced Pages policies
• Misplaced Pages legal policies