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:Non-free content criteria: Difference between revisions - Misplaced Pages

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Revision as of 15:53, 24 September 2005 view sourceRossrs (talk | contribs)Autopatrolled, Pending changes reviewers34,076 editsNo edit summary  Revision as of 01:12, 4 October 2005 view source JYolkowski (talk | contribs)13,565 edits move some stuff between here and WP:FUNext edit →
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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.
''The following is currently a proposed addition to the review process examining the fair use ofimages. It is not official policy or guideline, but is a suggestion being discussed.''


*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.
In order for the use of an image to be considered as ], each of the following criteria must be met:
**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.

*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.
1. The image description page must be complete and accurate as explained at ]. The image must: <br>
*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.

*The material must have previously been published.
:a. be considered to be the type of image for which a ] or free use image would be unlikely to be available, or to become available in the near future. <br>
*The material must be encyclopedic and otherwise meet general Misplaced Pages content requirements.
:b. be considered to be extremely difficult or impossible to duplicate by other means, such as a Wikipedian with a camera. <br>
*The material meets the media-specific policy requirements.
:c. be correctly tagged. ie the tag must correctly identify the type of image. <br>
*The material must be used in at least one article.
:d. contain source information. <br>
*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.
:e. identify the copyright holder. <br>
*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.
:f. be of sufficiently low resolution. (to be determined)<br>
*The image or media description page must contain:
:g. contain 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. The reviewer may choose to accept a reasonably presented rationale in ] without necessarily agreeing with each point asserted, as long as it does not contain information that the reviewer believes to be incorrect or misleading. If incorrect or misleading information is removed, and the reviewer believes that the remaining information is sufficient to provide a reasonable fair use rationale, then the rationale should be accepted. If the reviewer considers that the rationale is incomplete or does not provide sufficient detail to make a determination, then the reviewer should consider that the criterion has not been met. <br>
**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.
:2. The use of the image in the article must:<br>
**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.
:a. identify the subject of the article, or specifically illustrate relevant points or sections within the text, and must not serve a purely decorative purpose.<br>
:b. add to the quality of the article without duplicating information contained in other images.<br>

Reviewers are urged to consider that some discretion and personal judgement is required in assessing whether certain of these requirements are met, and in these cases may choose to assume good faith, unless there is reason to doubt. Other users may be invited to review or comment if a clear determination can not be made.

If the image is used in more than one article, it is preferable that individual articles are assessed individually with a seperate template box used for each article reviewed, as future edits to a particular article may render fair use claims as void.

] should be added to the image description page for images that are deemed as meeting each of these criteria.

] should be added to the image description page for all images that are deemed as potentially able to meet the fair use criteria, but which do not specifically meet each criterion at the time of review. Each criterion that is not met should be listed within the template to allow other editors and reviewers to investigate further.

As the aim of this process is to improve Misplaced Pages, reviewers should, where possible, attempt to elevate the standard of the fair use of the image, by making any edits they consider appropriate, where possible. For example rewording an inadequately written fair use rationale, or deleting unnecessary information, is a far more constructive action than simply deeming that a criterion has not been met.

Revision as of 01:12, 4 October 2005

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.

  • 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.
    • 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.
  • 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.
  • 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.
  • The material must have previously been published.
  • The material must be encyclopedic and otherwise meet general Misplaced Pages content requirements.
  • The material meets the media-specific policy requirements.
  • The material must be used in at least one article.
  • 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.
  • 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.
  • The image or media description page must contain:
    • 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 Misplaced Pages:Image_copyright_tags#Fair_use page.
    • For each article for which fair use is claimed, the name of the article and a "fair use rationale" as explained in Misplaced Pages:Image description page. The rationale must be presented in a manner that can be clearly understood and which is relevant to the article in question.