File:Shelton Ranaraja.jpg ( talk| | history| logs| links| watch) ( article| restore)

This image was speedily deleted under WP:F9 (non-free images that are not claimed by the uploader to be fair use). This was incorrect as I had claimed fair use under WP:NFCI#10 (pictures of deceased persons, in articles about that person, provided that ever obtaining a free close substitute is not reasonably likely). The image was uploaded using File Upload Wizard and as such had all the required information under WP:NFCCP.

I asked the deleting admin RHaworth to review the deletion but he has bluntly refused, stating that I should be able to find a free image as the subject died in 2011. Unfortunately there are no free images of the subject. I could only find four images of the subject ( here and here), none free. I ask that the image be undeleted. If there was doubt as to whether the fair use claim was appropriate it should have been discussed at WP:FFD, not speedily deleted.-- obi2canibe ^{talk contr} 19:35, 18 January 2017 (UTC) obi2canibe ^{talk contr} 19:35, 18 January 2017 (UTC) reply

• We've got an editor who edits in one fairly specialized area and whose claim of there being no free image should be given some weight. But this is also a subject who died in 2011 and thus it seems _likely_ there is a free image out there somewhere. I think the deleting admin was reasonable in their claim that it is likely there is such a picture. However, I think given the uploader's long tenure and contributions it's reasonable to give them the chance to make their case at FfD. overturn speedy with no fault assigned to the deleting admin as it sounds like a better case for a discussion than a speedy though letter-of-the-law the deleting admin is probably in the right. That said, do note that "I can't find a free image with a web search" is unlikely to be enough to get people to believe it's unlikely such a free image exists (which is, sadly IMO, the bar that we use for cases like this). Hobit ( talk) 21:43, 18 January 2017 (UTC) reply
  • Wow, I really thought I just read something that said that F9 was reasonable when the image was clearly replaceable by a free image. Don't know what I read. But yeah, this is a clear overturn and a wrong deletion. Sorry I got that wrong. Hobit ( talk) 01:29, 19 January 2017 (UTC) reply
    • The entry in the deletion log says "Media file copyright violation without credible claim of fair use or permission", implying it applies to non-credible fair use rationales. I'm not sure what generated this but it isn't the default reason and it doesn't agree with the criterion wording. Hut 8.5 07:34, 19 January 2017 (UTC) reply
      • Ah - it's the wording that comes up if you click on the link in the speedy deletion template. I've suggested altering it. Hut 8.5 07:49, 19 January 2017 (UTC) reply
        • Thanks. Nice to know I'm not entirely crazy. Hobit ( talk) 14:46, 19 January 2017 (UTC) reply
• Overturn the wording of F9 is "obviously non-free images (or other media files) that are not claimed by the uploader to be fair use". The uploader did claim this was fair use (by sticking a fair use rationale on it), so F9 doesn't apply. The rationale for compliance under our fair use policy presented above may be wrong but it isn't ridiculous either. While you could make a better case for F7 applying I think FFD would be a better place for it. Hut 8.5 22:36, 18 January 2017 (UTC) reply
• Overturn. The F9 is plainly invalid. T. Canens ( talk) 00:04, 19 January 2017 (UTC) reply
• Overturn There was plenty of time to arrange a free image while the subject was alive. Five years after his death is obviously far too late for this. F9 clearly does not apply. Andrew D. ( talk) 19:15, 19 January 2017 (UTC) reply
• Overturn, noting that this edit is inexcusably rude and unbecoming of a sysop.— S Marshall T/ C 14:19, 21 January 2017 (UTC) reply
• Overturn and send to FfD. Speedies are not for things where longstanding, good-faith editors differ. Jclemens ( talk) 04:54, 22 January 2017 (UTC) reply
• Overturn. WP:F9 says, This applies to [...] images [...] that are not claimed by the uploader to be fair use. The image did indeed have a fair-use claim. I'm not an expert on copyright, but at least on the surface, the explanation looked reasonable. Should be decided by community review at WP:FFD, not by a single admin acting alone. -- RoySmith (talk) 18:48, 22 January 2017 (UTC) reply
• Overturn and send to FFD on the strictly narrow point that there was a fair use claim which deserved to be considered. I don't think the fair use claim has any merit, as our use is likely to conflict substantially with commercial opportunities for the image in question, but there is a claim and it should be discussed. Stifle ( talk) 09:20, 23 January 2017 (UTC) reply