You may remember that the 11 August 2008 Dispatch discussed the reviewing of "free" images. In this sequel, we discuss the reviewing of "non-free" images. As a refresher, the distinction between "free" and "non-free" is as follows:
"Non-free" images often appear in Wikipedia's best articles. The featured article criteria state that " Non-free images or media must satisfy the criteria for inclusion of non-free content and be labeled accordingly". Similarly, the good article criteria require that " valid fair use rationales be provided for non-free content".
The Wikimedia Foundation has adopted two positions, among others, that taken together pose a conundrum:
The conundrum is that freely sharing in the sum of all knowledge and developing content under a free license or in the public domain are inherently at odds. There is a huge body of notable and important works whose copyrights remain fully reserved. How, then, can the English Wikipedia best articulate and convey an understanding of such works while still adhering to its Mission of developing content under a free license? Is one more important than the other?
On 23 March 2007, the Foundation passed a licensing policy resolution that allows individual projects to make their own determinations. With the exception of the Wikimedia Commons, projects were given the option of each developing an Exemption Doctrine Policy (EDP). [1] The English Wikipedia elected to allow the inclusion of "non-free" content. [2] The non-free content criteria (NFCC) serve as its EDP.
Fair use is a provision in US copyright law that, in certain circumstances, limits a copyright holder's exclusive rights to reproduce or to authorize others to reproduce a work. Copyright law sets forth:
"... fair use of a copyrighted work, ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright" ( 17 USC Sec. 107).
The existence of fair use is what allows the use of "non-free" content to even be an option in the first place; while US fair-use law establishes legality in a technical sense, our NFCC are stricter than the requirements of the law so that Wikipedia's Mission can be pursued worldwide. Merely qualifying as fair use under US law may not be enough to allow the use of an image on Wikipedia. For example, US copyright law allows the fair use of a fully copyrighted photo of the Capitol building, but using it, even in our article on that building, would violate Wikipedia's NFC Criterion 1.
"Non-free" images are, in a sense, simpler to review than "free" images. As there is no burden to prove or support a copyleft license or a public domain claim, knowledge of copyright law is not generally necessary to review "non-free" images. Additionally, the NFCC quite literally function as a checklist of considerations relevant to every "non-free" image. If an image passes all of the criteria, its use is supported. "Free" images do not have such a checklist.
As explained above, the NFCC are a significant departure from statutory fair-use considerations. [3] The NFCC are deliberately more restrictive than fair use for, among others, the following reasons:
A "non-free" image must meet all ten criteria and their sub-criteria.
Several non-free content criteria are universally applicable in that they involve considerations not directly pertaining to an image's use or position in a particular article. These criteria are generally self-explanatory and typically not open to interpretation or subject to disagreement.
2. Respect for commercial opportunities. Non-free content is not used in a manner that is likely to replace the original market role of the original copyrighted media.
4. Previous publication. Non-free content must have been published or publicly displayed outside Wikipedia.
5. Content. Non-free content meets general Wikipedia content standards and is encyclopedic.
6. Media-specific policy. The material meets Wikipedia's media-specific policy.
7. One-article minimum. Non-free content is used in at least one article.
9. Restrictions on location. Non-free content is allowed only in articles (not disambiguation pages), and only in article namespace, subject to exemptions.
10. Image description page. The image or media description page contains the following:
A. Attribution of the source of the material and, if different from the source, of the copyright holder. See: Wikipedia:Citing sources#When uploading an image.
B. A copyright tag that indicates which Wikipedia policy provision is claimed to permit the use. For a list of image copyright tags, see Wikipedia:Image copyright tags/Non-free content.
C. The name of each article (a link to the articles is recommended as well) in which fair use is claimed for the item, and a separate, specific fair-use rationale for each use of the item, as explained at Wikipedia:Non-free use rationale guideline. The rationale is presented in clear, plain language and is relevant to each use.
Unlike the preceding criteria, an image's satisfaction of the following criteria involves considerations of the way in which it is utilized in a given article and its relationship with the article's other images.
1. No free equivalent. Non-free content is used only where no free equivalent is available, or could be created, that would serve the same encyclopedic purpose. Where possible, non-free content is transformed into free material instead of using a fair-use defense, or replaced with a freer alternative if one of acceptable quality is available; "acceptable quality" means a quality sufficient to serve the encyclopedic purpose.
3. Minimization:
3A. Minimal usage. Multiple items of non-free content are not used if one item can convey equivalent significant information.
3B. Minimal extent of use. An entire work is not used if a portion will suffice. Low- rather than high-resolution/fidelity/bit rate is used (especially where the original could be used for deliberate copyright infringement). This rule also applies to the copy in the Image: namespace.
8. Significance. Non-free content is used only if its presence would significantly increase readers' understanding of the topic.
The use of a "non-free" image requires a justification for its usage be presented on its image description page. This justification is called a "non-free use rationale" or, alternatively, a "fair use rationale". The purpose of the rationale is to articulate how the image meets the NFCC and to assist others in determining the appropriate application of the image. In so doing, the rationale should allow others to determine whether use of the image is indeed appropriate for Wikipedia.
A separate, specific rationale must be provided each time the image is used in an article. Although seemingly redundant, this is necessary as an image should be fulfilling a unique purpose in each article. Image:WW2 Iwo Jima flag raising.jpg, for example, is itself the topic of the Raising the Flag on Iwo Jima article, while, in the Joe Rosenthal article, it is illustrative of the work for which the topic (Rosenthal) received the Pulitzer Prize - one image, two very different purposes.
The non-free use rationale guideline (WP:FURG), incorporated into the NFCC by reference, requires a rationale to do the following:
Reviewers should check to ensure that the rationale for the relevant article provides statements addressing these components. It is generally advisable to use the {{ Non-free use rationale}} or a topic-specific template, as it provides fields for the necessary components (i.e. a passive prompt to provide the necessary statements) and is more readily accessible than a rationale formatted as a paragraph.
WP:FURG requires a "detailed" and "specific" rationale. NFCC require the rationale to be "presented in clear, plain language and is relevant to each use". Writing a solid rationale, further, is often the best way to demonstrate satisfaction of Criterion 8. A well-written rationale will be explicit and articulate an actual purpose (not just a function, as is too often the case). Consider the following examples:
You may remember that the 11 August 2008 Dispatch discussed the reviewing of "free" images. In this sequel, we discuss the reviewing of "non-free" images. As a refresher, the distinction between "free" and "non-free" is as follows:
"Non-free" images often appear in Wikipedia's best articles. The featured article criteria state that " Non-free images or media must satisfy the criteria for inclusion of non-free content and be labeled accordingly". Similarly, the good article criteria require that " valid fair use rationales be provided for non-free content".
The Wikimedia Foundation has adopted two positions, among others, that taken together pose a conundrum:
The conundrum is that freely sharing in the sum of all knowledge and developing content under a free license or in the public domain are inherently at odds. There is a huge body of notable and important works whose copyrights remain fully reserved. How, then, can the English Wikipedia best articulate and convey an understanding of such works while still adhering to its Mission of developing content under a free license? Is one more important than the other?
On 23 March 2007, the Foundation passed a licensing policy resolution that allows individual projects to make their own determinations. With the exception of the Wikimedia Commons, projects were given the option of each developing an Exemption Doctrine Policy (EDP). [1] The English Wikipedia elected to allow the inclusion of "non-free" content. [2] The non-free content criteria (NFCC) serve as its EDP.
Fair use is a provision in US copyright law that, in certain circumstances, limits a copyright holder's exclusive rights to reproduce or to authorize others to reproduce a work. Copyright law sets forth:
"... fair use of a copyrighted work, ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright" ( 17 USC Sec. 107).
The existence of fair use is what allows the use of "non-free" content to even be an option in the first place; while US fair-use law establishes legality in a technical sense, our NFCC are stricter than the requirements of the law so that Wikipedia's Mission can be pursued worldwide. Merely qualifying as fair use under US law may not be enough to allow the use of an image on Wikipedia. For example, US copyright law allows the fair use of a fully copyrighted photo of the Capitol building, but using it, even in our article on that building, would violate Wikipedia's NFC Criterion 1.
"Non-free" images are, in a sense, simpler to review than "free" images. As there is no burden to prove or support a copyleft license or a public domain claim, knowledge of copyright law is not generally necessary to review "non-free" images. Additionally, the NFCC quite literally function as a checklist of considerations relevant to every "non-free" image. If an image passes all of the criteria, its use is supported. "Free" images do not have such a checklist.
As explained above, the NFCC are a significant departure from statutory fair-use considerations. [3] The NFCC are deliberately more restrictive than fair use for, among others, the following reasons:
A "non-free" image must meet all ten criteria and their sub-criteria.
Several non-free content criteria are universally applicable in that they involve considerations not directly pertaining to an image's use or position in a particular article. These criteria are generally self-explanatory and typically not open to interpretation or subject to disagreement.
2. Respect for commercial opportunities. Non-free content is not used in a manner that is likely to replace the original market role of the original copyrighted media.
4. Previous publication. Non-free content must have been published or publicly displayed outside Wikipedia.
5. Content. Non-free content meets general Wikipedia content standards and is encyclopedic.
6. Media-specific policy. The material meets Wikipedia's media-specific policy.
7. One-article minimum. Non-free content is used in at least one article.
9. Restrictions on location. Non-free content is allowed only in articles (not disambiguation pages), and only in article namespace, subject to exemptions.
10. Image description page. The image or media description page contains the following:
A. Attribution of the source of the material and, if different from the source, of the copyright holder. See: Wikipedia:Citing sources#When uploading an image.
B. A copyright tag that indicates which Wikipedia policy provision is claimed to permit the use. For a list of image copyright tags, see Wikipedia:Image copyright tags/Non-free content.
C. The name of each article (a link to the articles is recommended as well) in which fair use is claimed for the item, and a separate, specific fair-use rationale for each use of the item, as explained at Wikipedia:Non-free use rationale guideline. The rationale is presented in clear, plain language and is relevant to each use.
Unlike the preceding criteria, an image's satisfaction of the following criteria involves considerations of the way in which it is utilized in a given article and its relationship with the article's other images.
1. No free equivalent. Non-free content is used only where no free equivalent is available, or could be created, that would serve the same encyclopedic purpose. Where possible, non-free content is transformed into free material instead of using a fair-use defense, or replaced with a freer alternative if one of acceptable quality is available; "acceptable quality" means a quality sufficient to serve the encyclopedic purpose.
3. Minimization:
3A. Minimal usage. Multiple items of non-free content are not used if one item can convey equivalent significant information.
3B. Minimal extent of use. An entire work is not used if a portion will suffice. Low- rather than high-resolution/fidelity/bit rate is used (especially where the original could be used for deliberate copyright infringement). This rule also applies to the copy in the Image: namespace.
8. Significance. Non-free content is used only if its presence would significantly increase readers' understanding of the topic.
The use of a "non-free" image requires a justification for its usage be presented on its image description page. This justification is called a "non-free use rationale" or, alternatively, a "fair use rationale". The purpose of the rationale is to articulate how the image meets the NFCC and to assist others in determining the appropriate application of the image. In so doing, the rationale should allow others to determine whether use of the image is indeed appropriate for Wikipedia.
A separate, specific rationale must be provided each time the image is used in an article. Although seemingly redundant, this is necessary as an image should be fulfilling a unique purpose in each article. Image:WW2 Iwo Jima flag raising.jpg, for example, is itself the topic of the Raising the Flag on Iwo Jima article, while, in the Joe Rosenthal article, it is illustrative of the work for which the topic (Rosenthal) received the Pulitzer Prize - one image, two very different purposes.
The non-free use rationale guideline (WP:FURG), incorporated into the NFCC by reference, requires a rationale to do the following:
Reviewers should check to ensure that the rationale for the relevant article provides statements addressing these components. It is generally advisable to use the {{ Non-free use rationale}} or a topic-specific template, as it provides fields for the necessary components (i.e. a passive prompt to provide the necessary statements) and is more readily accessible than a rationale formatted as a paragraph.
WP:FURG requires a "detailed" and "specific" rationale. NFCC require the rationale to be "presented in clear, plain language and is relevant to each use". Writing a solid rationale, further, is often the best way to demonstrate satisfaction of Criterion 8. A well-written rationale will be explicit and articulate an actual purpose (not just a function, as is too often the case). Consider the following examples:
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