File:Henry Kulka working, St Heliers, Auckland, 1970.jpg

Summary
Author: Maru Bing-Kulka

Copyright Permission: Copyright of the Kulka Estate 2020 extended to Wikipedia article only under ‘non-free content’ status.

Non-free content rationale:

i)              No free equivalent image available: the architect died in 1970, there are no other known images available that show his face or him working as an architect relevant to the article into which the image is uploaded. This single image is permitted by the architect's estate solely for the encyclopaedic purpose of non-free-content insertion into the single wiki article on him.

ii)            Respect for commercial opportunity: The image is uploaded at a modest file size to inhibit proliferation.

iii)           Minimal number and extent of use: this is the only use of a portrait of the architect in the subject article, there are no others known. The image has also been cropped down from its original to reduce the extent of its use to a minimum necessary for encyclopedic purpose in the article under not-free-content.

iv)           Previous exhibition: This portrait has been displayed outside Wiki by the copyright holder in exhibitions but not made available on the internet. Therefore, its minimal and limited ( not-free-content) use for encyclopaedic purpose has been allowed by the copyright holder to enable researchers to visualize the architect which would not be possible at all where it not for the careful and limited encyclopaedic placement of the image in the biographic article on wiki.

v)             Content: the image does meet general wiki non-free-content ‘doctrine and criteria’ as an exception that justifies its scrupulous and singular encyclopaedic placement and use within the context of a scholarly and carefully cited article on the subject.

vi)           Use in an article: the not free content image (portrait) is used only once in the portrait section of an extensive article with citations and editing to illustrate what would otherwise be impossible.

vii)          Contextual significance: this is the only image of the architect available and the only image used in the article on wiki on the subject and therefore its absence would deprive researchers of the opportunity to visualize the creator of the architecture being discussed in the article and this would significantly lessen the quality of the article and its quality and pedagogical value to researchers.

viii)        Restrictions on location: the image is used only once, directly inserted into the article on the subject, to illustrate a unique point about the subject to the right of the text on the subject to support the specific encyclopaedic points made in the article at that point in the text.

ix)           Image description page:

a)Source of Copyright; permission has been appended to the image with complete data about the subject of the photo, who took the image, when and where, who holds the copyright and who provided not-free-content permission for limited encyclopaedic use in this singular article.

b) Copyright Tag: the correct Wikipedia copyright tag of Not Free Content is appended to the image data.

c) A full and clear ‘rationale for non-free use’ permitted by Wikipedia policy and doctrine is attached to the image explaining that this image is ‘of substitutable encyclopaedic value and has been given specific limited not free use permission by the copyright holder to appear, only in illustrative context, alongside relevant text in the body of the biographic Wikipedia article on the subject and that it is not free for any other replication elsewhere beyond the Wikipedia article itself without the express written permission of the copyright holder’.