User:Ddcc/Portalfairuse

Wikipedia fair use does not allow the use of fair use images in portals. However, it is believed that this restriction prevents the addition of valuable content to portals, a resource designed for the reader.

Restrictions
Restrictions will need to be in place to prevent blatant overuse of fair use images, and to limit the scope of fair use abuses:
 * No free alternatives available, and a free alternative cannot be created without considerable effort.
 * The portal page that the image is used on must be relevant to the image, with at least a detailed one paragraph summary.
 * The copyright information of the fair use image must be correct to the best of your knowledge, with the source, copyright/license tag, and copyright holder.
 * The fair use image must be used in at least one article that relates to the image in the article namespace.
 * In addition, there must be no free images used on the related article or else the free image must be used.

Supporting
Portals are designed for readers, and so they need content for the reader.


 * A portal is the equivalent of an article in the main namespace. However, the namespace is the only difference.
 * Portals need to include content and media in order to attract the reader to explore the portal, and then providing links to articles where they can find even more information.
 * Fair use images are allowed on the Main Page, a page in the article namespace similar to Portals in both format and purpose.
 * There are no legal issues, as Brad Patrick has stated. In addition, the use of fair use images in portals is protected by the following case law:
 * A search engine’s practice of creating small reproductions (“thumbnails”) of images and placing them on its own website (known as “inlining”) did not undermine the potential market for the sale or licensing of those images. Important Factors. The thumbnails were much smaller and of much poorer quality than the original photos and served to index the images and help the public access them. (Kelly v. Arriba-Soft, 03 C.D.O.S. 5888 (9th Cir. 2003).)
 * Images can be used to describe a subject in ways which words cannot. After all, a picture is worth a thousand words.
 * Although Wikipedia's goal is to build a free encyclopedia, free content cannot always fit the bill.
 * Portals serve as Main Pages for specific subjects, so why can't portals have fair use when the Main Page does?
 * Portals are not distributed from one Wikipedia to another Wikipedia, thus the argument that "Other countries have more strict fair use laws" don't apply.

Against

 * Portals are considered navigational pages and not actual articles, thus Wikipedia's fair use criterias may not apply.
 * The Main Page technically falls under the article namespace, and two wrongs don't make a right.
 * Portals are not an essential part of the encyclopedia, unlike articles and the main page.
 * Portals can still achieve their purpose of helping readers navigate through articles under a related topic without the need of images.
 * Increases the scope for fair use abuses.
 * By allowing fair use images in portals, we begin to slide on a slippery slope.
 * May serve as a pretext for allowing fair use images in templates, user pages, etc.