Image talk:Photo smith.jpg

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[edit] No genuine debate

One admin is digging through my every contribution and challenging them as "replaceable fair use." I have answered him on this point before, but he seems to wish to make a WP:POINT.

We are here to build an encyclopedia that is freely constructed and available. We are not here to make a point about open source licenses except as a means of facilitating the writing of an encyclopedia. The article is a better article with the \image. The image is legal to use under fair use provisions. Please do something to build the encyclopedia rather than tear it down. For further information, please refer to Wikipedia:Fair use#Policy. It is my opinion that this image meets all requirements laid out therein.

No free equivalent is available or could be created that would adequately give the same information. Yakuman (数え役満) 06:40, 2 April 2007 (UTC)

Living, working notable figure. "Replaceable" per foundation policy. ed g2s • talk 16:24, 3 April 2007 (UTC)

This is non-responsive. No free equivalent is available or could be created that would adequately give the same information. Multiple reasons are given for why this picture is not replaceable in rationale:

Though this image is subject to copyright, I feel its use is covered by the U.S. fair use laws because:

1. It is a low resolution copy of a WBAL-AM publicity photo. 2. It does not limit the copyright owner's rights to sell radio programs or said image. 3. The image is significant for the article as it shows visual of host. 4. No free or public domain images have been located of this person. 5. Image is a promotional photograph, intended for wide distribution as publicity for the radio station. 6. Such photos are distributed for reuse by the media with implicit license for their use in discussing the subject that is being promoted. 7. Image is of considerably lower resolution than the original, and is used for informational purposes only. Its use does not detract from either the original photograph, or from the station itself. 8. This image is used on various websites, so its use on Wikipedia does not make it significantly more accessible or visible than it already is. 9. Image is used solely for the identification of the subject. 10. The further use of this image on Wikipedia is not believed to disadvantage the copyright holder in any way. 11. Subject is a limited purpose public figure who rarely makes public appearances, which makes acquisition of a free image difficult or impossible.

This was specifically created to promote a radio station. Industry standard is that such images may be used for commercial purposes in illustration. This is an image that is useful and has no available free substitute. Fair use images can be distributed freely.

This photograph is properly used in accordance with current Wikipedia poliicies and guidelines. Some users, citing poorly worded and contradictory policies, believe all promotional photographs should be deleted, whether or not they can be replaced with equivalent "free" photographs. I do not. I do not believe in doing original work for Wikipedia (as stated in the five pillars). I believe promotional photos are properly used under our strict fair use guidelines, and when "free" photographs become available --however unlikely, given the publicity rights isues involved -- they then can be uploaded as replacements. Yakuman (????) 08:38, 3 April 2007 (UTC)