Wikipedia:Files for deletion/Replaceable fair use/File:Shaq Cavs.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 of the debate was to delete the image. — ξ xplicit  00:03, 3 August 2010 (UTC)

Fair-Use Rationale
I believe the image qualifies under fair-use for the following reasons: This image fails WP:NFCC on several criteria.
 * The image was placed by the NBA on their official website, and was not placed in their "photostore" section, indicating that the photo was not intended for sale, but to indentify Shaquille O'Neal
 * It in now way infringes upon the rights of the National Basketball Association, nor Shaquille O'Neal, nor Dwight Howard, (The player on Shq's back) as the image could be obtained by anybody, Wikipedia is just putting it here. The organization made it readily available for viewing freely by the public.
 * Most other in-game photos would either be screenshots of copyrighted telecasts, or poor-quality photos taken by fans on the sidelines.
 * The games played in an NBA season are the league's product, therefore, showing a sample of a player in game on a page promoting him qualifies as promotional material. The image promotes SHaquille O'Neal, and by proxy, any games in which he is played.
 * The image is easily replaced, depending on its purpose, by a free image or prose. If the point is to show what O'Neal looks like, we have plenty of free images on Commons. If the point is to show that Shaq played for the Cavs, who played the Magic, we have wonderful written records of sporting events easily accessible by the internet. Photographs of living, public people are almost always considered replaceable.
 * The photo is copyrighted to Getty Images and NBAE. The use of this image very much infringes on Getty Images' copyright and its ability to commercially exploit the image. This is NOT a promotional image, but a commercial product that Getty and NBAE sell to websites.
 * The obvious copyright issues aside, there is no discussion of the image itself, so it fails WP:NFCC. Mosmof (talk) 04:17, 31 July 2010 (UTC)
 * The above discussion is preserved as an archive of the debate. Please do not modify it.