Wikipedia:Files for deletion/Replaceable fair use/File:Ninmarch06.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.

Fair Use Rationale
I would be curious to know the rationale that this image isn't protected under fair use. The Fair use rationale already on the page pretty much covers all criteria of WP:FUC, but to reiterate:
 * 1) This image is being used for informational purposes only.
 * 2) Being a promotional photograph, the image is released by the copyright holder for non-commercial use such as this.
 * 3) As of January 3, 2007, this image is the only known easily-scalable photo of all five current members in the Nine Inch Nails live band.
 * 4) No free or public domain images have been located to represent all five subjects in sufficient detail, as live photography is limited given the frenetic nature of the band's performances.

Additionally, adequate credit and sourcing information is given: Copyright 2006 Interscope Records Photo credit: Rob Sheridan

I see no reason why this image should be deleted, but would be curious to hear an opposing viewpoint in favor of its deletion. Drewcifer3000 21:31, 15 May 2007 (UTC)
 * I agree this image is fair use. However, we can only use fair use images if a free image cannot be created. I believe that a free image can be created of Nine Inch Nails, as they are a currently-active band. Therefore, we cannot use this fair use image. &mdash; Chowbok  ☠  21:59, 15 May 2007 (UTC)


 * WP:FUC criteria #1 states that "Non-free content is used only where no free equivalent is available or could be created that would serve the same encyclopedic purpose." And later, it states that " "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?") " I would argue that although a free equivalent could be created, it would be insufficient for the needs of an encyclopedic article. The reasons are nicely explained below ("Uploader's Argument"), so I won't restate it, but I agree with TonySt. Drewcifer3000 03:17, 16 May 2007 (UTC)


 * I disagree; we have plenty of free pictures of bands, I don't see what's so special about this one. But we'll let an admin make a ruling. &mdash; Chowbok  ☠  03:20, 16 May 2007 (UTC)


 * Fair enough. I think we've said our parts.  Now, I have no idea how to go about getting an administrator to do such a thing.... Drewcifer3000 08:56, 16 May 2007 (UTC)

Uploader's Argument
I have not seen a free-use image which shows the detail of this photograph. Facial features, build, stature, etc., cannot be represented as well in live images (the only free-use NIN images you'll find) as well as it is in this photo.

If someone can find a free-use photo which does show the five subjects in a quality in equality (or near-equality) to this photo, I would not dispute it replacing this image. However, as is said on the image page, live photography is very limited given the frenetic nature of the band's performances. Indeed, I have found no other photo which shows the detail of this one - free-image or otherwise. --TonySt 02:34, 16 May 2007 (UTC)
 * Whether a free image currently exists is irrelevant. The question is whether one could be created at some point. I believe it could. Concert photos are not the only way to create free photos. &mdash; Chowbok  ☠  03:16, 16 May 2007 (UTC)
 * This isn't a band that goes out to bars and has a good time with a bunch of fans. There is simply no free-use photograph that exists or will exist that shows the band in such detail. Here, check out the Flickr search for nc-nd licensed photos with "nine inch nails". There are none that exist of the band in a candid state. They're all live, because that is the only possible way to get Nine Inch Nails in a photograph unless you're a pro in a studio. Trent doesn't even hang out with the band unless they are rehersing, etc. --TonySt 23:58, 22 May 2007 (UTC)
 * The search shows the band performing live as the very first link and this is sufficient to depict the band. Remember, we do not have to have an image which depicts "the five subjects in a quality in quality (or near-equality) to this photo", please see WP:FU.  You also have not established that Reznor et al will never release a freely-licensed promotional image.  Given these, the image is clearly replaceable.  --Yamla 00:12, 23 May 2007 (UTC)
 * ''The above discussion is preserved as an archive of the debate. Please do not modify it.