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The deletion nomination raided the concern that this non-free image was copied from Brittanica, what makes it a clear violation of
WP:NFCC#2. The two voters involved in the discussion failed to realize what the problem was all about and just talked about
WP:NFCC#1 and
WP:NFCC#8). The closing admin was led by this mistake and also ignored the original
WP:NFCC#2 concern.
|When asked about it, he even mentioned the "file resolution", something that had never been a concern in the discussion at all.
Damiens.rf —Preceding
undated comment added 17:18, January 24, 2011.
Uphold Keep. Please see
User talk:SchuminWeb/Archive 27#Fair use in copying decorative image from Brittanica, where the closing administrator explained the rationale behind the closure, and makes very clear that the #2 versus #1 and #8 issue was handled correctly at the deletion discussion. There was nothing wrong with the decision, other than that the nominator didn't get the result that he wanted. Please also take a serious look at
Talk:Criticism of religion#Jonestown image, and note that the nominator is edit warring to enforce his personal view of fair-use against consensus. This deletion review is just another attempt at forum shopping to that effect. --
Tryptofish (
talk) 17:32, 24 January 2011 (UTC)
reply
- A further comment, hoping to nip in the bud an issue likely to emerge. At
Criticism of religion, editors have now found a free image that appears likely to get consensus to replace the image discussed here. However, I want to point out that this image is also in use at
Jonestown, where it serves a more specific purpose (illustrating, among other things, the basin that contained the poison), where there is as yet no editorial consensus that alternative images are acceptable. --
Tryptofish (
talk) 19:40, 24 January 2011 (UTC)
reply
- Like we had any justification to rip images from Britannica in order to illustrate "the basin that contained the poison". --
Damiens.rf 19:49, 24 January 2011 (UTC)
reply
- Like we're here to discuss anything other than the previous closure. --
Tryptofish (
talk) 19:59, 24 January 2011 (UTC)
reply
- You mean the one that fail to consider
WP:NFCC#2 as serious as it should be? --
Damiens.rf 20:19, 24 January 2011 (UTC)
reply
- Overturn the discussion pointed to above -
User talk:SchuminWeb/Archive 27#Fair use in copying decorative image from Brittanica - where the response to NFCC#2 is made shows the closing admin chose to put their own opinion as to if NFCC#2 was passed in preference to any other opinion expressed - i.e. they should have taken part in the discussion not apply their own standard. As it stands NFCC#3 is the primary are where resolution of image etc. is discussed NFCC#2 is addressing a different area. As to if there are valid claims to the image for NFCC I haven't examined, but the close here was faulty. --
82.7.40.7 (
talk) 20:23, 24 January 2011 (UTC)
reply
- What I see is the administrator weighing the strengths of arguments, not casting anything remotely like a super-vote.
And it comes as news to me that the closing administrator is expected to have previously taken a "side" in the discussion. --
Tryptofish (
talk) 20:32, 24 January 2011 (UTC)
reply
- No they didn't weigh the argument, since no one responded to the argument it failed NFCC#2, they made the argument post fact that it did meet NFCC#2. You are correct they aren't supposed to, but that appears to be exactly what they've done, they've made there own argument that NFCC#2 is covered for what appear to be quite spurious reasons and then closed the debate at least partly on that argument. My point is that if they should have either (that is one or other but not both) contributed to the debate or closed it based on the argument presented unenhanced by their own opinion. --
82.7.40.7 (
talk) 22:11, 24 January 2011 (UTC)
reply
- Endorse This is an iconic and historically significant photo. The copyright of this image is likely held by either its creator,
David Hume Kennerly,
Time Magazine (his employer at the time), or
Getty Images (the company that represents Kennerly's work) and
Kennerly's website lists the copyright as being "2003 David Hume Kennerly/Kennerly.com". The copyright is definitely not held by Britannica, so there's no competing commercial interest here. The "original market role" as described in NFCC#2 would surely have to do with the photo's publication in Time magazine and I don't see how our publication of the image takes away from Time's financial benefit, since they first published this image years ago.
Them
From
Space 22:16, 24 January 2011 (UTC)
reply
- That publication in Time was apparently in 1978. --
Tryptofish (
talk) 22:40, 24 January 2011 (UTC)
reply
- We have no way of telling if Britannica have obtained a license for use from the rights holder, you interpretation of original market role appears to narrow to me, but this is the problem we aren't supposed to reargue the IfD here, the correct place would have been the deletion discussion where no one addressed the argument it failed NFCC#2. --
82.7.40.7 (
talk) 07:31, 25 January 2011 (UTC)
reply
- Relist. It seems to me that 82.7.40.7 has correctly pointed out a flaw in the deletion process, and I wonder whether NFCC#2 was given sufficient weight in the close. It doesn't seem to me to be relevant who holds the copyright in the image. Whether it's Britannica, the photographer or his employer doesn't matter. What matters is that a commercial entity holds that copyright and we are depriving them of its benefit. And we don't have an article about the image. However, I can't find a "delete" consensus in the discussion and I can't therefore recommend an overturn to delete. On balance, I think we should send it back to FfD so the whole matter can be given more consideration.—
S Marshall
T/
C 22:52, 24 January 2011 (UTC)
reply
- Your comment motivated me to look further. Google Web and Google Image searches for "Jonestown massacre David Hume Kennerly" don't reveal more for-profit sites displaying this image. However, The University of Texas Austin reproduces the Time cover
here, with a statement
here that payment is sought for prints of this image, but not for reproduction on the internet. --
Tryptofish (
talk) 23:26, 24 January 2011 (UTC)
reply
- That's irrelevant, he doesn't have to offer it for sale for any particular media if he doesn't want to, lack of doing so doesn't mean anything about it being freely available. e.g. if he may have sold on the exclusive rights with a proviso he may sell prints, or he may have sold on specific internet rights etc. etc. --
82.7.40.7 (
talk) 07:23, 25 January 2011 (UTC)
reply
- It's moot now, but it seems to me that if the image is being distributed freely except in the form of prints (moot because it turns out not to be the case), then our providing a low-resolution version is not what you are describing. --
Tryptofish (
talk) 22:06, 25 January 2011 (UTC)
reply
- The point was, looking at a small set of information and reaching a conclusion isn't what we should be doing. The fact that it's on Getty potentially for sale actually reinforces my point. You made a assumption based on no explicit information contrary to your view point, rather than information explicitly confirming your viewpoint, that's not the way copyright works. --
82.7.40.7 (
talk) 22:59, 25 January 2011 (UTC)
reply
- That misrepresents my expressed reasoning. I, and others, found positive evidence that the image was last used commercially in a periodical in 1978 and was now freely available, except in the form of high-resolution prints. When I became aware of the Getty site, I immediately changed my mind. --
Tryptofish (
talk) 23:46, 25 January 2011 (UTC)
reply
- If that's your idea of positive evidence, then your standards are well short. Postive evidence would be a release saying "this is free to use", it's not finding an image being used in various places where you have no idea it they are using a fair use claiim, violating copyright or have licensed it in some way. Your positive evidence that the photographer isn't offering a license for web use on his website as him being happy for broad web use is frankly laughable, if that's the defence we had against a copyright infringement case, then we'd have no defence. --
82.7.40.7 (
talk) 07:25, 26 January 2011 (UTC)
reply
- When I became aware of the Getty site, I immediately changed my mind. --
Tryptofish (
talk) 17:45, 26 January 2011 (UTC)
reply
- I guess his point is that we don't need a link to a photo agency page selling the specific images to qualify a non-free journalistic photo as a NFCC#2 violation. --
Damiens.rf 18:05, 26 January 2011 (UTC)
reply
- Obviously that's the point, made very repeatedly, even after I had said my original objection was moot. --
Tryptofish (
talk) 18:22, 26 January 2011 (UTC)
reply
- Not to be picky here, but the point, if you had the patience to understand it, is that you should not have need to become aware of the Getty site to change your mind. What you see as "immediately changed my mind" I see as a slow delayed change. But this is all immaterial now (and ever). --
Damiens.rf 18:32, 26 January 2011 (UTC)
reply
- No way Jose.
The use of this image is still for sale. The only way we could perhaps justify fair use of this image is if the image itself were notable enough for an article and then only in that article. Otherwise, we can't use it no matter how many people say "keep" in the FFD. --
Ron Ritzman (
talk) 12:55, 25 January 2011 (UTC)
reply
- Overturn and delete per Ron Ritzman. Not sufficiently distinctive/unique to overcome the presumption that actively marketed nonfree images can't be used as general illustrations.
Hullaballoo Wolfowitz (
talk) 18:06, 25 January 2011 (UTC)
reply
- Overturn and delete. Fails
WP:NFCC#2 through and through. —
ξ
xplicit 21:25, 25 January 2011 (UTC)
reply
- Relist. I'm changing my mind, per Ron Ritzman. He is right about that, and I wasn't aware of the Getty site, which changes everything in my mind. The reason I'm saying relist instead of overturn outright is that no one in this discussion has established that the closing administrator decided the matter incorrectly, only that the examination during the discussion was not adequate. I also want to point out that this fact in no way justifies the disruptive and, frankly, childish, manner in which the nominator has pursued it. --
Tryptofish (
talk) 22:06, 25 January 2011 (UTC)
reply
- No it was established that the closer inserted their own refutation of NFCC#2 into the debate as part of the close, that is an improper close. --
82.7.40.7 (
talk) 23:00, 25 January 2011 (UTC)
reply
- Oh, honestly, let's just put the admin's head on a spike. No, the nominator's statement at the XfD was simply "
WP:NFCC#2: Copyrighted image copied from Brittanica used "to illustrate the events depicted on the image"." The nominator's subsequent argument was simply that they have been able to learn about the subject without seeing the picture, focusing on the dubious claim that the use of the image was purely for "decorative" purposes. Editors made arguments that the image was appropriate for use under Wikipedia's existing fair use policy, and the administrator found those arguments to have been consensus. In hindsight, it would have been better if the nominator had actually explained the commercial interest of the Getty site, but that will not be a problem if this is relisted. When asked at his user talk, the administrator pointed out, correctly, that a low-resolution image was less likely to infringe on commercial use, and it is subsequently being Wikilawyered that this was "inserted" into the close. Wikipedia does not use courtroom rules to close deletion discussions. --
Tryptofish (
talk) 23:46, 25 January 2011 (UTC)
reply
- And you are over dramatising, no one is calling for blood. Admins are human and make mistakes, when those are uncovered they shouldn't be afraid of acknowledging/correcting the mistake, so your casting this in that way is totally unhelpful. We are a free encyclopedia, the NFCC is quite clear the burden of proof lies with those wishing to use the image. The fact that no one argued about the NFCC#2 image makes it hardly suprising no futher debate happened and as above there is no burden on the nominator to find hard evidence that a current commercial interest is being damaged, the burden lies with those wishing to use the image that there is no impact on the commercial interest. The close subsequent comment about NFCC#2 is the only response, so of course if the closer was closing in line with the NFCC which requires all to be met, it has got to be assumed that's why the believed NFCC#2 was met. Franlky it's a crap argument, I'd be interested to see you point out where low res has been considered a general way of passing NFCC#2 in other debates, that is something the closing admin imposed on their own (further reinforced by minmial use is covered by NFCC#2, the two aren't duplicative). That is inserting their own view point. If you want to talk about wikilawyering take a look at your own comments, you are thrashing about trying to avoid the rather obvious that the close was faulty. --
82.7.40.7 (
talk) 07:25, 26 January 2011 (UTC)
reply
- You want the image deleted, now. Got it. I think everyone reading this discussion understands that. --
Tryptofish (
talk) 17:45, 26 January 2011 (UTC)
reply
- And I'm sure everyone reading the discussion understands yours... However of course you'd be wrong, as I've said repeatedly the close was faulty, that's different to it needs to be deleted now, and indeed as I said in my very first comment, "As to if there are valid claims to the image for NFCC I haven't examined, but the close here was faulty.", perhaps if you stopped trying to put words into other people mouths "Put the admins head on a spike", "you want the image deleted" and tried to understand the issues, we'd move along a lot faster. --
82.7.40.7 (
talk) 10:56, 30 January 2011 (UTC)
reply
- Relist. The closer read the debate correctly, but I fear the debate itself was faulty.
Stifle (
talk) 09:23, 26 January 2011 (UTC)
reply
- Overturn and delete – Notability does not override the non-free content policy. –
MuZemike 03:25, 27 January 2011 (UTC)
reply
- Relist per Stifle. Even accounting for the fact this image can be bought, there could be a case out there that the image is usable here--it's not plain that having the image here would _hurt_ it's commercial application more than help it in fact. Let's discuss it where the discussion belongs, and DrV isn't that place.
Hobit (
talk) 05:50, 28 January 2011 (UTC)
reply
- We have a very clear and well established practice of deleting (and even speeding!) photos belonging to news and photo agencies, unless the photo themselves are notable (notable meaning Wikipedia's Notability, not the usual "Wow! What a notable picture you've taken!"). --
Damiens.rf 12:26, 28 January 2011 (UTC)
reply
- Unfortunately, the "speedy" idea has been
discussed and rejected. --
Ron Ritzman (
talk) 14:33, 28 January 2011 (UTC)
reply
- At this point in the discussion, I think the issue is increasingly settling down to whether we should delete here and now, or whether we should relist with an expectation that deletion will be the outcome there. (Heck, even I intend to argue for deletion if it is relisted!) But I want to make the point that Deletion Review is for the purpose of determining whether or not the previous deletion discussion was closed correctly—not to provide a new venue in which that deletion discussion can be re-argued in hopes of getting a different outcome. It seems to me that, indeed, the first discussion was seriously flawed and needs to be re-argued, but that the closing administrator was well within policy in the way that consensus there was ascertained. As such, it should be re-listed. Otherwise, DRV would become a place where anyone who wants to forum-shop to change a decision they didn't like could come to game the system. Just because editors, in this discussion, agree with deletion as the eventual correct outcome, they shouldn't assume that there won't be cases where DRV would be used to get results that they would not be happy with. --
Tryptofish (
talk) 18:57, 28 January 2011 (UTC)
reply
- Overturn to delete. Though it is true that there has never been a consensus for a CSD covering press agency photos, there is indeed consensus for a very narrow and specific criterion for their use (the photo itself must be historically notable, not just the event covered). That standard is not met here, and thus this is a copyright violation by our standards. By long precedent, we don't allow copyvios to linger in deletion processes for long periods, but delete them when the copyright situation becomes clear.
Chick Bowen 05:07, 29 January 2011 (UTC)
reply
- Relist - The test isn't whether its presence would significantly increase a viewer's understanding of the topic. The test is whether its presence would significantly increase readers' understanding of the topic. Usage of non-free content criteria requires at a minimum a reliable source description of the NFCC image. This image is descriped in the article with an original research caption and none of the text in the artcle accompany it. The FfD failed to address this and needs to. --
Uzma Gamal (
talk) 06:59, 30 January 2011 (UTC)
reply
- Actually I think the test we're most concerned about here is whether the use of the image on Wikipedia interferes with the commercial market for the image (NFCC#2).
Stifle (
talk) 10:07, 31 January 2011 (UTC)
reply
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