Wikipedia:Files for deletion/Replaceable fair use/File:Yoko ueno.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
We've been over this before, Chowbok. The likelihood of being able to obtain a free picture of Yasui is extremely low or completely unlikely due to the laws in Japan. Unless you can provide a free replacement, or prove that one is actually obtainable, then please stop marking these images. ··· 日本穣 ? · Talk to Nihonjo e  06:49, 23 November 2006 (UTC)
 * This falls right into fair use as a promotional photo. And please, Chowbok, if you are reading this, I can't honestly see how trying to tear down all fair use images as a constructive "project". How is it helping Wikipedia? Please remeber to avoid copyright paranoia. Calicore 14:33, 24 November 2006 (UTC)
 * There's no dispute that it's fair use. The question is it replaceable fair use. I believe it is. I'm not trying to get rid of "all" fair use images, just the ones we have a reasonable chance of replacing. It's not really copyright paranoia; the copyrights aren't my chief concern. One of the core values of Wikipedia is that the encyclopedia be, as much as possible, freely-redistributable. If you view this goal as trivial, or a distraction, then I can see why going around nominating images for deletion would be mystifying and/or annoying. But for those of us who view the "Free" part of "The Free Encyclopedia" as absolutely crucial, removing unnecessary fair use images is just as constructive and important as editing any article. &mdash; Chowbok  ☠  16:52, 24 November 2006 (UTC)
 * You don't get what we keep telling you, however: the laws in Japan specifically make doing this against the law. That makes them irreplaceable. Please stop marking the Japanese pics as replaceable because they are not. ··· 日本穣 ? · Talk to Nihonjo e  10:30, 25 November 2006 (UTC)
 * I have never heard of such a law. Can you provide a source for such an assertion? – Quadell (talk) (random) 18:07, 28 November 2006 (UTC)
 * As searching through Japanese law references is not my forte, please be patient while I find it. Searching through legalese in a second language is not an easy task. ··· 日本穣 ? · Talk to Nihonjo e  18:29, 29 November 2006 (UTC)

The image only serves to illustrate what the person looks like, therefore it could be replaced by any other image depicting the person. Also the Japanese version (ja:上野洋子) does not have any image at all. A final note: the Wikimedia is a non-profit corporation organized under the laws of Florida, USA. --Oden 13:22, 29 November 2006 (UTC)
 * That's because Japan doesn't allow fair use in the same way as the United States. And regardless of where the Wikipedia servers or registered address is, asking someone to break the laws of another country just because it's not against the law in the States, just to obtain a free image, is just plain absurd. ··· 日本穣 ? · Talk to Nihonjo e  18:32, 29 November 2006 (UTC)
 * Well, that depends on Japanese law. American law differentiates between taking photos and publishing them (although there really aren't too many restrictions on either). If the law in Japan is that it's okay to photograph a celebrity, just not to publish it, I don't think it's unreasonable to say, "well, you're not publishing it in Japan". But if you're not allowed even to take the photo without permission, then I agree that photos of Japanese celebrities are not replaceable. Looking forward to the results of your research. &mdash; Chowbok  ☠  18:53, 29 November 2006 (UTC)

As concerns Wikipedia, what matters is US law (imagine having to censor Wikipedia in order to conform to the laws of every country in the world). However, it is advisable to respect the laws of the country where the image was obtained.

If Japanese law does not allow for certain persons to be photographed without their express consent which in turn is denied by that person, and they are not likely to travel to another country in the world for the rest of their lives, then the image would not be possible to replace. --Oden 19:08, 29 November 2006 (UTC)
 * ''The above discussion is preserved as an archive of the debate. Please do not modify it.