User:Tony1/Draft of revised non-free content criteria

Policy
The primary goal of Wikipedia's policy for non-free content is to protect our mission to produce content that is perpetually free for unlimited distribution, modification and application by all users in all media ("non-free content" means copyrighted material lacking a free content license). This goal could best be met by completely disallowing all material that is not free; many Wikipedias in other languages allow no non-free content at all. However, to meet another central goal of our mission—the production of a quality encyclopedia—the English Wikipedia permits a limited amount of non-free content under strictly defined circumstances. This policy embodies a compromise between these two goals.

Non-free content may be used on the English Wikipedia under fair use only where all 10 of the following criteria are met. These criteria are based on the four fair-use factors, the goal of creating a free encyclopedia, and the need to minimize legal exposure.


 * 1)  No free equivalent. Non-free content is used only where no free equivalent is available or could be created that would generally serve the same educational purpose. If non-free content can be transformed into free material, this is done instead of using a fair-use defense. Non-free content is always replaced with a freer alternative if one of acceptable quality is available. "Acceptable quality" means a quality sufficient to serve the encyclopedic purpose. (As a quick test, ask yourself: "Can this image be replaced by a different one, while still having the same effect?" If the answer is yes, then the image probably does not meet this criterion.)
 * 2)  Respect for commercial interests. Non-free content is not used in a manner that is likely to replace the original in the marketplace.
 * 3)  Minimal use. As little non-free content as possible is used in an article.  Short rather than long video and audio excerpts are used. Multiple items are not used if one will suffice.
 * 4)  Resolution/fidelity. Low- rather than high-resolution/fidelity is used (especially where the original is of such high resolution/fidelity that it could be used for piracy). This rule includes the copy in the Image: namespace.
 * 5)  Significance. Non-free content contributes significantly to an article (e.g., it identifies the subject of an article, or illustrates specific, relevant points or sections in the text); it does not serve a purely decorative purpose.
 * 6)  Content. Non-free content meets general Wikipedia content requirements, and specifically, the media-specific policy.
 * 7)  One-article minimum. Non-free content is used in at least one article.
 * 8)  Restrictions on location. Non-free content is used only in article namespaces; it is never used on templates (including stub templates and navigation boxes) or on user pages. (To prevent an image category from displaying thumbnails, add __NOGALLERY__ to it; images are linked, not inlined, from talk pages when they are a topic of discussion.)
 * 9)   Previous publication. Non-free content has been published outside Wikipedia.
 * 10)  Image description page. The image or media description page contains the following.
 * 11) * (a) Proper attribution of the source of the material, and attribution of the copyright holder if different from the source.
 * 12) *(b) An appropriate fair-use tag indicating which Wikipedia policy provision permitting the use is claimed. A list of image tags is at Image copyright tags/Non-free content.
 * 13) * (c) The name of each article in which fair use is claimed for the item, and a fair use rationale for the item, as explained at Fair use rationale guideline. The rationale is presented in clear, plain language, and is relevant to the article.

Non-compliance
Images that do not comply with this policy 48 hours after notification to the uploading editor will be deleted. To avoid deletion, the uploading editor, or another Wikipedian, will need to provide a convincing fair-use defence that satisfies all 10 criteria. If an image on which fair use is claimed is not used in any article (Criterion 7), it may be deleted immediately. For images that were uploaded before 13 July 2006, the 48-hour period is extended to seven days.

Exemptions
Exemptions from the Non-free content criteria are occasionally granted on a case-by-case basis if there is broad consensus that doing so is necessary to the goal of creating a free encyclopedia. (An example is the gallery of Category:Replaceable fair use images, which is needed to help people find images to replace).