Wikipedia:Files for deletion/Replaceable fair use/File:ElianeElias1.png


 * The following discussion is an archived debate of the proposed deletion of a fair use image as a replaceable image. Please do not modify it. 

The result was to delete the image.

Eliane Elias from www.myspace.com/elianeelias - from official Web site - no free image exists Tvccs 23:14, 28 November 2006 (UTC)
 * The image only serves to illustrate what the person looks like, therefore it could be replaced by any other image depicting the person. See criterion 1 of the Fair use criteria.--Oden 15:16, 29 November 2006 (UTC)

The image in question is used in the context of the article to illustrate the artist Eliane Elias.
 * 1) No free equivalent image is known to exist.
 * 2) The image in question was published by the copyright holder as promotional material, is available freely via the artist's web site, and its use here does not replace any market role for the original copyrighted media.
 * 3) The image as used here presents no potential legal or copyright liability to Wikipedia.
 * 4) It is used to illustrate a biographical article on Wikipedia.
 * 5) The image has been published.
 * 6) The image meets general Wikipedia content requirements (encyclopedic).
 * 7) The image meets the media-specific policy requirements (format).
 * 8) The image is used in at least one article.
 * 9) The image contributes significantly to the article in question.
 * 10) The image is only used in the article namespace.
 * 11) The image contains proper attribution of the source of the material, a fair use tag, and a fair use rationale (this one).


 * Comment:


 * The main problem is that the present image depicts a living person, and could be replaced. A better way to illustrate the article, if this is what is required, is to use a historical photograph depicting an event discussed in the article.


 * Another solution would be to illustrate the article with one or a few album covers. Historical photographs and album covers are non-repeatable and thus qualify under Fair use criteria. Remember to provide a detailed fair use rationale for such images. --Oden 21:22, 3 December 2006 (UTC)


 * Thank you for your comments. I disagree with your interpretation of FUC in this regard.  And yes, in some cases, album covers can be used to sidestep this issue, but the interpretation of policy such that current press kit images will be deleted if a GFDL image could hypothetically be created for a living person, unless one creates an alternate rationale, as was the case in P.P. Arnold and Mike Ratledge, for which the artist's peak was decades ago, is unreasonable. There are also many artists who have not used self-images on album covers, but will gladly allow the use of promotional, not GFDL, images on Wikipedia. The bottom line remains that while I have no problem with quality free images being substituted as they become available, I totally disagree with the interpretation of FUC that deletes fair use images on the premise that a free image might or could at some point be created. Tvccs 16:24, 4 December 2006 (UTC)
 * ''The above discussion is preserved as an archive of the debate. Please do not modify it.