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<noinclude>{{short description|Misplaced Pages policy with legal considerations}}
Copyrighted, unlicenced material may be used on the English-language Misplaced Pages under fair use if the following criteria are met. These criteria are based both around the four fair use factors, the goal of creating a 💕, and the desire to avoid unnecessary legal exposure.
{{pp-vandalism|small=yes}}
{{for|the full non-free content use guideline (including this policy and its criteria)|Misplaced Pages:Non-free content}}
{{dablink|"WP:EDP" redirects here. You may have been looking for ].}}
{{legal policy|WP:FUC|WP:NFCC}}
{{nutshell|Respect the rules of non-free content and only use non-free content as a last resort.}}
{{legal policy list}}
</noinclude>
<includeonly>: ''</includeonly>As per the ], this document serves as the '''Exemption Doctrine Policy''' for the English Misplaced Pages.<includeonly>''</includeonly><ref>At the time of the Resolution's issuance on March 23, 2007, the page ] served as the exemption doctrine policy and is referenced by the Resolution. Since then, the content has been moved around, specifically ], and now ] serves as the exemption doctrine policy, while ] serves as guidance for this.</ref><noinclude>


==Rationale==
*No free equivalent is available or could be created that would adequately give the same information. If unfree material can be transformed into free material, it should be done instead of using a "fair use" defense. For example, the information in a newspaper article can easily be used as a basis of an original article and then cited as a reference. Maps and diagrams can often be redrawn from original sources, though simply "tracing" copyrighted material does not make it free. Neither photographs nor sound clips, however, cannot usually be "transformed" in this way. However, if the subject of the photograph still exists, a free photograph could be taken.
</noinclude>
**Always use a more free alternative if one is available. Such images can often be used more readily outside the U.S. If you see a fair use image and know of an alternative more free equivalent, please replace it, so the Misplaced Pages can become as free as possible. Eventually we may have a way to identify images as more restricted than GFDL on the article pages, to make the desire for a more free image more obvious.
<includeonly>===Rationale===</includeonly>
*The material should not be used in a manner that would likely replace the original market role of the original copyrighted media; our use of copyrighted material should not make it so that one no longer needs to purchase the actual product. For example, large copyrighted photographs from agencies that make their income selling photographs, for example, would likely ''not'' be "fair use" as it would be undermining the ability of the copyright holder to make money off of their work.
* To support Misplaced Pages's mission to produce perpetually ] for unlimited distribution, modification and application by all users in all media
*The amount of copyrighted work used should be as little as possible. Low-resolution images should be used instead of high-resolution images (especially images that are so high-resolution that they could be used for piracy). Do not use multiple images or media clips if one will serve the purpose adequately.
* To minimize legal exposure by limiting the amount of non-free content, using more narrowly defined criteria than apply under the ] provisions in ]
*The material must have previously been published.
* To facilitate the judicious use of non-free content to support the development of a high-quality encyclopedia<noinclude>
*The material must be encyclopedic and otherwise meet general Misplaced Pages content requirements.

*The material meets the media-specific policy requirements.
==Policy<span id="Policy-2"></span>==
*The material must be used in at least one article.
</noinclude>
*The material must contribute significantly to the article (e.g. identify the subject of an article, or specifically illustrate relevant points or sections within the text) and must not serve a purely decorative purpose.
<includeonly>===Policy<span id="Policy-2"></span>===</includeonly>
*The material should '''only''' be used in the article namespace. They should '''never''' be used on templates (including stub templates and navigation boxes) or on user pages. They should be linked, not inlined, from talk pages when they are the topic of discussion. Because "fair use" material is not copyright infringement on Misplaced Pages only when used for strictly encyclopedic reasons, their use in other contexts is likely copyright infringement.
{{shortcut|WP:NFCCP}}
*The image or media description page must contain:
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 ], use brief verbatim textual excerpts from copyrighted media, properly attributed or cited to its original source or author (as described by the ]), and specifically indicated as direct quotations via quotation marks, {{tag|blockquote|o}}, {{tlx|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.
**Proper attribution of the source of the material, and attribution of the copyright holder (if it is different) where possible.

**An appropriate fair use tag indicating which Misplaced Pages policy provision permitting the use is claimed. A list of image tags can be found on the ] page.
# {{/span|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.
**For each article for which fair use is claimed, the name of the article and a "fair use rationale" as explained in ]. The rationale must be presented in a manner that can be clearly understood and which is relevant to the article in question.
# {{/span|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.
# {{/span|3}}'''Minimal usage:'''<ol type="a" style="list-style-type:lower-alpha"><li>{{/span|3a}}'''Minimal number of items.''' Multiple items of non-free content are not used if one item can convey equivalent significant information.</li><li>{{/span|3b}}'''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.</li></ol>
# {{/span|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 ] created by a Misplaced Pages editor.
# {{/span|5}}'''Content.''' Non-free content meets general Misplaced Pages content standards and is encyclopedic.
# {{/span|6}}'''Media-specific policy.''' Non-free content meets Misplaced Pages's media-specific policy. For example, images must meet ].
# {{/span|7}}'''One-article minimum.''' Non-free content is ].
# {{/span|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.
# {{/span|9}}'''Restrictions on location.''' Non-free content is allowed only in articles (not ]), and only in the ], subject to ]. (To prevent an image category from displaying thumbnails, add <code><nowiki>__NOGALLERY__</nowiki></code> to it; images are ], not inlined, from talk pages when they are a topic of discussion.)
# {{/span|10}}'''Image description page.''' The image or media description page contains the following:<ol type="a" style="list-style-type:lower-alpha"><li>{{/span|10a}}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: {{section link|Misplaced Pages:Citing sources|Multimedia}}''.</li><li>{{/span|10b}}A copyright tag that indicates which Misplaced Pages policy provision is claimed to permit the use. ''For a list of image copyright tags, see ]''.</li><li>{{/span|10c}}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 ].<ref>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.</ref> The rationale is presented in clear, plain language and is relevant to each use.</li></ol><noinclude>

==Enforcement==
</noinclude>
<includeonly>===Enforcement===</includeonly>
{{shortcut|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 ].
* A non-free file lacking a ] may be deleted after being tagged for seven days under ].
* A file in use in an article that does not meet F5 or F6 may be deleted under ] as follows:
**Media from a commercial source which are not the subject of sourced commentary may be deleted <strong>immediately</strong> under F7b.
**Non-free media which fail NFCC 1 (no free equivalent) may be deleted after being tagged as such for <strong>two days</strong> under F7c.
**Other media with invalid fair-use claims may be deleted after being tagged as such for <strong>seven days</strong> 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 ].

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

==Footnotes==
</noinclude>
<includeonly>===Footnotes===</includeonly>
{{Reflist}}<noinclude>

]
]

]
]
</noinclude>

Latest revision as of 21:58, 15 December 2024

Misplaced Pages policy with legal considerations

For the full non-free content use guideline (including this policy and its criteria), see Misplaced Pages:Non-free content. "WP:EDP" redirects here. You may have been looking for EDP Sciences.
This page documents a Misplaced Pages policy with legal considerations.Shortcuts
This page in a nutshell: Respect the rules of non-free content and only use non-free content as a last resort.
Legal policies

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

Shortcut

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

Shortcut
  • 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.
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