Wikipedia:Files for deletion/Replaceable fair use/File:Janet Napolitano.jpg


 * 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.

—Angr 12:13, 28 December 2006 (UTC)

This image came from: http://azgovernor.gov/media/DownloadPics.asp which is reached through the "Media Room" part of The Governor of Arizona's site...

Therefore, I hold that it falls under the doctrine of Fair Use because it is a media photo with high-resolution versions available without a specific disclaimer.

The generic "Copyright" at the bottom of the page applies, but this image is being used under fair use.

Moogle10000 07:28, 17 December 2006 (UTC)

Furthermore, For Good Measure:



Publicity_photos indicates that if a free image of similar value is available, it must be used. While the image on the top is clearly free... It is DEFINITELY not of similar value to the image on the bottom.

Moogle10000 07:36, 17 December 2006 (UTC)


 * Even if there was no free image at all, we couldn't use this, because we can't use fair-use images if a free image could be created. Therefore the quality of the current free image is irrelevant. &mdash; Chowbok  ☠  07:38, 17 December 2006 (UTC)


 * Perhaps. Wikipedia_talk:Publicity_photos page indicates that this is a contested issue. I will contact the Governor's office for permission to use the official photo (in the near future, no guarantees of a date). I *still* hold that since it is of a government official, in a *media* area, its fair use. However, if a public domain photo can be found that actually *shows* the Governor's face... That would be of equivalent value and would therefore be acceptable. Moogle10000 07:42, 17 December 2006 (UTC)


 * Furthermore, again: Wikipedia's fair use guidelines indicate that: 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 doesn't meet the criteria above and should not be used. Those two images have a *very* different effect. Moogle10000 07:44, 17 December 2006 (UTC)


 * Again, the quality of the first image is irrelevant, as this would be up for deletion even if the first image didn't exist. &mdash; Chowbok  ☠  07:49, 17 December 2006 (UTC)

Perhaps some more clarification is required... I will restate my argument again. (Which revolves around the term "equivalence".)

First, let's examine Wikipedia's Fair Use Criteria (Fair_use_criteria)

1.) Met (more on this) 2.) Met 3.) Met 4.) Met 5.) Met 6.) Met 7.) Met 8.) Met 9.) Met 10.) Met

The only criterion in question really is #1. The operative sentences read: "No free equivalent is available or could be created that would adequately give the same information. If unfree material can be transformed into free material, it should be done instead of using a "fair use" defense. "

I just searched the internet... I could not find a free equivalent.

My criteria for equivalence in this case are: full face photo and proper lighting. I think that the quality of the image would matter considering that the other image is one of the Governor looking down at a podium from a nearly 90 degree angle.

Therefore, the quality of the image is severely relevant in this case as it changes the meaning and impact of the image significantly. Quite frankly, no image is better than the "free" image in this case.

If I am wrong about this quality thing, could someone please quantify the difference?

Moogle10000 08:04, 17 December 2006 (UTC)
 * You're ignoring the part that says "or could be created". An equivalent photo could be created. That one does not exist currently is irrelevant. &mdash; Chowbok  ☠  17:52, 17 December 2006 (UTC)


 * This kind of doctrine has problems. I could go do a lot of things... Likewise, an asteroid could strike the Earth at any minute. Perhaps Bill Gates could knock on my door and give me $1,000,000... One should consider whether or not things like this are likely to happen. In the case of this image, I agree that a free image of equivalent value could be created. However, until that occurs, we should use the one of maximum value and impact. Moogle10000 18:04, 17 December 2006 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it.