Wikipedia:Files for deletion/Replaceable fair use/File:SethPubPhoto.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 22:13, 17 February 2007 (UTC)

The fair-use rationale consists of an unverified claim that the artist and his management company have released the image for promotional purposes and for use on Wikipedia. Without evidence that the image has been released by the copyright holder under a license at least as free as the GFDL or CC-BY-SA, then this image must be considered to be unlicensed. As a recent photo of a living person, it falls under the replaceable fair use provision of the policy. -- Donald Albury 03:10, 7 February 2007 (UTC)

This image is available at: http://www.myspace.com/9691056. As Seth Swirsky is using it as a promotional picture on his Myspace profile, it should be considered fair use. Jheditorials 13:25, 7 February 2007 (UTC) jheditorials 8:25, 7 February 2007


 * Please read Fair use, which defines 'promotional' as "an image freely provided to promote an item, as in a promotional photo in a press packet", and further states, "Fair use on Wikipedia only applies if it is not possible to replace such promotional image with a free image." As it is possible to take a photo of Seth Swirsky, 'fair use' images of him are excluded form Wikipedia. -- Donald Albury 21:47, 8 February 2007 (UTC)

I have asked for help on how to label the above picture on the Media Copyright Questions page. I am currently waiting for an answer. http://en.wikipedia.org/wiki/Wikipedia:Media_copyright_questions#Seth_Swirsky Jheditorials 14:29, 9 February 2007 (UTC)jheditorials
 * I'm responding based on the request at WP:MCQ. The image is correctly tagged with promotional; it is also correctly tagged with replaceable fair use since, as Dalbury stated, we'd rather not use fair use images if there is a free image available or if it would be possible to create a free image.  ShadowHalo 14:39, 9 February 2007 (UTC)


 * I have responded on ShadowHalo's talk page with more questions. In addition, I have updated the fair use dispute with the following reasoning: This is a photo taken directly from Seth Swirsky's myspace page. It is unreasonable to assume that I can find and take a picture of this individual as he is a songwriter and musician in Hollywood. He is using this photo for publicity purposes on Myspace and, therefore, I think it should fall under the promotional fair use category. In addition this photo was released as part of a package of promotional materials used to promote his last book. Jheditorials


 * It is not unreasonable to expect that someone in California will be able to take a picture of Seth. As an alternative, you can write to him and/or his management agency, requesting that a publicity shot be released under the GFDL, CC-BY-SA or another license that is at least as free of those. -- Donald Albury 11:26, 11 February 2007 (UTC)

I have sent Mr. Swirsky a copyright request form that I got from the page that you suggested. He has sent it back in agreement and I have reuploaded these two files With-George-martin-with-copyright.jpg and SethPubPhotowithcopyrightinfo.jpg with the copyright request form information. I have also sent this permission to "permissions-en AT wikimedia DOT org" so that it can be permanently archived.Jheditorials 19:13, 11 February 2007 (UTC)jheditorials


 * That should do it. Good work! -- Donald Albury 13:28, 13 February 2007 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it.