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:Non-free use rationale guideline - Misplaced Pages

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Blue tickThis page documents an English Misplaced Pages content guideline.
Editors should generally follow it, though exceptions may apply. Substantive edits to this page should reflect consensus. When in doubt, discuss first on this guideline's talk page.
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When non-free media is used on Misplaced Pages, a justification for its usage, called a non-free use rationale (aka use rationale or fair use rationale), must be presented in the image description page, explaining how the image is used in a way consistent with Misplaced Pages's non-free content criteria. This justification will help other users determine if the claim of fair use could apply to a wide variety of uses or a narrow range of uses. It will also help determine if the given claim of fair use is appropriate for Misplaced Pages in the first place.

If you are using non-free images or other media, you must include two things on the image description page:

  1. An appropriate copyright tag explaining the basic claim of fair use. See Misplaced Pages:Image copyright tags/Non-free for a list.
  2. A detailed use rationale. A separate rationale must be provided each time the image is used in an article.

Non-free images that do not include both a copyright tag and a use rationale may be deleted after seven days!

Necessary components

A well-written use rationale must explain how the use of this media meets the Non-free content criteria and should state:

  • What proportion of the copyrighted work is used and to what degree does it compete with the copyright holder's usage? For example, if the image is a photograph or logo, the entire work is likely being used. A screenshot that reveals the most important discovery of a documentary or the ending of a movie, for example, though a very small portion of the work, may disproportionately compete with the copyright holder's use. In the case of a music sample, the length should be no longer than 10 percent of the song's original length or 30 seconds, whichever is shorter.
  • If applicable, has the resolution been reduced from the original? In the case of music samples, has the quality been reduced from the original?
  • What purpose does the image serve in the article?
    • Is the image a logo, photograph, or box art for the main subject of the article?
    • Is the image being used as the primary means of visual identification of the subject or topic? (e.g., a corporate logo or the box art of a DVD)
    • is it being used to illustrate a particular topic? (e.g., a screenshot from a movie)
  • To what degree is the image replaceable by a free content image?
    • If the image is a screenshot of a movie that for an article about the movie, or a corporate logo, there is obviously no such thing as a "free" version of it - all of the resources in the world could not produce one. If, on the other hand, the image is a photograph, the image is more easily replaced, even if Wikipedians may lack the resources to create a replacement.
  • Any other information necessary to assist others in determining whether the use of this image qualifies for fair use.

Template

The template {{Non-free use rationale}} facilitates creating a use rationale with the necessary components.

{{Non-free use rationale
|Description=
|Source=
|Portion=
|Low_resolution=
|Purpose=
|Replaceability=
|other_information=
}}

other_information is optional and can be left out.

There are more specific use rationale templates in Category:Non-free media rationale templates, such as for album covers and logos.

Non-template

Below are some basic examples. Good use rationales might expand on why the non-free item is needed, why a free item cannot be used in its place, and what essential function it performs in each article in which it is to be used. If the image is used in several articles, then you must include a separate use rationale for each article. If the article text comments on the image itself, then write so because that strengthens the fair use claim.

These are examples only: do not simply copy them.

Logo in the article about the topic that the logo represents

=== Fair use in ] ===
Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:
# It illustrates an educational article about the entity that the logo represents.
# The image is used as the primary means of visual identification of the article topic.
# It is a low resolution image, and thus not suitable for production of counterfeit goods.
# The logo is not used in such a way that a reader would be confused into believing that the article is written or authorized by the owner of the logo.
# It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.
  • Other text indicating conformance with the Misplaced Pages:Logos guideline may be added, such as confirmation that the logo has been rendered at a small size and with lower detail if it is a scalable vector image.

Historical photographs

=== Fair use for ] ===
Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:
# It is a historically significant photo of a famous individual. (Add sources to backup this claim, like news articles mentioning this image (and not simply using it))
# It is of much lower resolution than the original (copies made from it will be of very inferior quality).
# The photo is only being used for informational purposes.
# Its inclusion in the article adds significantly to the article because the photo and its historical significance are the object of discussion in the article.

Again, the above are only general examples; for more information on what needs to be included in this entry see Misplaced Pages:Non-free content. The information should be as specific as possible, i.e. why you need to use the image as part of the article. Adding this information is no guarantee that the image will not be later removed, but it will demonstrate a use rationale to others that you may have a valid justification for including fair use materials that can be used under the GFDL.


For more examples see Misplaced Pages:Use rationale examples.

Speedy deletion

WP:CSD#I6: Fair use images that contain no use rationale whatsoever should be speedy deleted 7 days after notification to the editor who uploaded the image is given.

WP:CSD#I7: Fair use images uploaded after July 13, 2006 that fail any part of WP:NFCC, including no use rationale whatsoever, may be speedy deleted 48 hours after notification to the editor who uploaded the image is given.

Please consider, as an alternative to deletion, fixing the description page, if possible.

If disputed or incomplete use rationale exists that cannot be fixed, the image should be nominated for deletion at Misplaced Pages:Images and Media for Deletion. If the image is clearly an abuse, remove the image from the article and mark as orphaned fair use with {{subst:orfud}}, notifying the uploader per that template.

See also

Category: