Wikipedia:Files for deletion/Replaceable fair use/File:Jiahu-flutes.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.

The decision was not easy. At first I was leaning towards allowing the images to remain, using the same rationale that we use for works of art or significant historical or archaeological finds. However, it would be inappropriate in the case of these flutes. The subject of the article is about the flutes in general, and the article states that the flutes are still in sporadic use, although they are exceptionally rare. If the subject of the article was about a specific historical or archaeological find of historically significant Gudi and that image represented that find, then it would be irreplaceable fair use. Unfortunately, that is not the case with this beautiful image, and it has to go. --Jeffrey O. Gustafson - Shazaam! - &lt;*&gt; 11:16, 4 March 2007 (UTC)

'Original discussion:'

Image from Brookhaven National Laboratory. http://www.bnl.gov/bnlweb/pubaf/pr/photos/1999/FLUTES.jpg Even though this is a US government website, they still claim copyright. http://www.bnl.gov/bnlweb/images_legal.asp Therefore, fair use is claimed.

Fair use rationale: These bone flutes are 9000 years old, so it's obvious the copyright on them has long expired. This image is not replaceable with a free image because this is the only image of them on the Internet (as evidenced by a GIS for "Jiahu"). This image is given away for promotional purposes by the Brookhaven National Laboratory (as evidenced by its use in a "press release" on their site and the fact that every media story in existence on this topic uses this same image.)
 * The flutes may not be copyrighted, but a picture of them certainly is. And simply because something is available for free does not mean it is fair use: see WP:FU for what constitutes fair use on Wikipedia.  And just because you can't find another image of them on the Internet does not mean it's impossible to make a free-license replacement. --Carnildo 00:17, 15 February 2007 (UTC)
 * This image is now listed at Nardman1 02:25, 15 February 2007 (UTC)
 * Another picture of them has been found by a user who can speak Chinese. This image is now at Image:Gudi flute.jpg. It's still not a free image, it's only available under the fair use clause in Chinese law (which is less restrictive than the U.S. clause, for example it's considered fair use under Chinese law to reproduce an image merely to display it, without need for critical commentary). It'd be a shame to lose this image though, it's beautiful. I changed the article it's in as well. Nardman1 04:05, 1 March 2007 (UTC)

Replaceable fair use disputed: There are no other images of these flutes in the world. They are in the possession of scientists analyzing them. This image was released by the scientists for use in the media (and used on bbc.co.uk, the NYT and many others. It is possible there will never be another publicly released image of these flutes.


 * ''The above discussion is preserved as an archive of the debate. Please do not modify it.