File talk:LaVoy Finicum - Truck stopped by Oregon State Patrol during failed arrest attempt's truck at the first traffic stop.png

Contested deletion

This file should not be speedy deleted because....

• (A) It looks public domain to me... it was "released" by the Deshutes County Sheriff's Office, as reported here.

*(B) working on it right now standbyovertaken by events, continued farther down NewsAndEventsGuy (talk) 00:34, 9 September 2016 (UTC)

• Not quite sure what you are working on but that is not how copyright works I'm afraid. I think you are confusing releasing to the media and releasing into the public domain. Completely different things. The police can't release the video into the public domain since the copyright never belonged to them in the first place. It belongs to the person who took the video (Ryan Bundy). Without a release from him the screenshot is still copyrighted to him and we can't use it. News media can use the video as their copyright restrictions are a little different. We can't and it certainly isn't public domain as that is just not how copyright works. --Majora (talk) 00:44, 9 September 2016 (UTC)

Thanks @Majora:, I've never attempted to get into the fineprint in this area. I am looking forward to your comments on fair use thoughts below. NewsAndEventsGuy (talk) 02:11, 9 September 2016 (UTC)

I have to think about it. Fair use is a little tricky but in the meantime can you relicense the image to be fair use with a fair use rationale? That will at least keep others from doing the same thing. Thanks. --Majora (talk) 02:16, 9 September 2016 (UTC)

continued from opening post after edit conflict

• (B) Alternatively, if it is not public domain, then fair use still allows it because it meets the criteria for fair use in this way

1. No free content.... check, there aren't any free images showing what Finicum saw looking back from his truck
2. Mininum use.... check, This is the only frame used from the video
3. Multiple items.... check, no other non-free content is used to tell the story of the traffic stop
4. Minimal extent of use... check, we're not using the whole video, just part of a single frame
5. Previous publication... unsure.... it was filmed by Ryan Bundy (arrested and now on trial) but it was "released" by the DeShutes Sheriff who posted it online
6. Content..... check, the traffic stop subsequent flight were important factors in the shooting minutes later and are the subject of intense public debate
7. Media-specific policy.... check, the frame grab meets Wikipedia:Image use policy.
8. One-article minimum.... check, it's used in LaVoy Finicum
9. Contextual significance... check, it's one thing to say police pulled 'im over. It's something else to show the laser on the rifle coming right at the photographer in the stopped vehicle. And still they fled. That's what the pic tells... guns drawn, aimed, and they still made that choice. Text doesn't convey the depth of the choice to flee in this circumstance like looking down the barrel of the cops gun
10. Restrictions on location... check, its used in an article

Image description page. The image or media description page contains the following:

• CHECK.... 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: Wikipedia:Citing sources § Multimedia.
• NOT YET/DEPENDS ON OUTCOME HERE.... A copyright tag that indicates which Wikipedia policy provision is claimed to permit the use. For a list of image copyright tags, see Wikipedia:Image copyright tags/Non-free content.
• NOT YET/DEPENDS ON OUTCOME HERE.... 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 Wikipedia:Non-free use rationale guideline.[1] The rationale is presented in clear, plain language and is relevant to each use.

All done, thoughts? Helpful advice? NewsAndEventsGuy (talk) 01:02, 9 September 2016 (UTC)

@Majora:, OK, I tried to change the licensing on the image per your suggestion. Not sure what to do next. Advice? NewsAndEventsGuy (talk) 02:52, 9 September 2016 (UTC)

It is probably fine. If someone else wants to bring it to WP:FFD they can do so. I believe it is fine. Thank you for changing the license over. --Majora (talk) 02:58, 9 September 2016 (UTC)

Thanks for the hand holding. There's a lot of complexity in this area. NewsAndEventsGuy (talk) 02:59, 9 September 2016 (UTC)

Thank you for being reasonable and understanding. Copyright is a difficult, convoluted, area. If you ever have questions about something let me know. I'm pretty well versed in the details of it all and I will try to answer your question, or at the very least point you in the right direction. --Majora (talk) 03:01, 9 September 2016 (UTC)