Image:Tyre Mass Graves (PBS NewsHour).png

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[edit] Summary

Mass graves for civilians following Israeli airstrikes in Tyre, Lebanon, 21 July 2006. The half-length coffins are for children.

It is believed that the copyrighted television screenshot from the PBS NewsHour, 21 July 2006 [1] meets the criteria at Wikipedia:Fair use#Policy because:

  • It illustrates the object in question (civilian casualties in Tyre during of the 2006 Israel-Lebanon conflict)
  • No free equivalent is available or could be created that would adequately give the same information—there are no Wikipedians in the war zone
  • It only is used on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation

and because it adheres to Wikipedia:Fair use policy for the following reasons (rational in italics, following quoted stated policy in regular):

1. No free equivalent is available or could be created that would adequately give the same information. If unfree material can be transformed into free material, it should be done instead of using a "fair use" defense. For example, the information in a newspaper article can easily be used as a basis of an original article and then cited as a reference. Maps and diagrams can often be redrawn from original sources, though simply "tracing" copyrighted material does not make it free. Neither photographs nor sound clips, however, can usually be "transformed" in this way. However, if the subject of the photograph still exists, a free photograph could be taken.

  • Always use a more free alternative if one is available. Such images can often be used more readily outside the U.S. If you see a fair use image and know of an alternative more free equivalent, please replace it, so the Wikipedia can become as free as possible. Eventually we may have a way to identify images as more restricted than GFDL on the article pages, to make the desire for a more free image more obvious.
There are no free equivalents available from this mass burial in a war zone under bombardment.

2. The material should not be used in a manner that would likely replace the original market role of the original copyrighted media; our use of copyrighted material should not make it so that one no longer needs to purchase the actual product. Large copyrighted photographs from agencies that make their income selling photographs, for example, would likely not be "fair use" as it would be undermining the ability of the copyright holder to make money from their work.

This is a low resolution screenshot from the nonprofit television news program, PBS NewsHour. The business model of the nonprofit Public Broadcasting System is to provide news and content financed by donations by the public and by corporations, and by United States government grants. PBS sells copies and transcripts of entire programs, but not low resolution stills of these programs. Therefore, the use of a low resolution screenshot of one of their televised news programs on 21 July 2006 cannot be expected in any way to negatively impact the commercial value of their products.

3. The amount of copyrighted work used should be as little as possible. Low-resolution images should be used instead of high-resolution images (especially images that are so high-resolution that they could be used for piracy). Do not use multiple images or media clips if one will serve the purpose adequately.

Low resolution versions have been used, and the amount of copyrighted work used is as little as possible.

4. The material must have previously been published.

The material was televised on the PBS NewsHour.

5. The material must be encyclopedic and otherwise meet general Wikipedia content requirements.

The material illustrates mass graves at Tyre, Lebanon immediately following the Israeli bombardment pf Tyre, and therefore has encyclopedic value.

6. The material meets the media-specific policy requirements.

This image is believed to satisfy the Wikipedia:Fair Use policy for images in the articles 2006 Israel-Lebanon conflict and Targeting of civilian areas in the 2006 Israel-Lebanon conflict because:
  • It illustrates the object in question (civilian casualties in Tyre, Lebanon during the 2006 Israel-Lebanon conflict)
  • No free equivalent is available or could be created that would adequately give the same information—there are no Wikipedians in the war zone at Tyre during this burial
  • It only is used on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation

7. The material must be used in at least one article.

The material is used in at least one article.

8. The material must contribute significantly to the article (e.g. identify the subject of an article, or specifically illustrate relevant points or sections within the text) and must not serve a purely decorative purpose.

The material contributes significantly to the article by illustrating civilian casualties, including children, during the 2006 Israel-Lebanon conflict.

9. Fair use images should be used only in the article namespace. Used outside article space, they are often enough not covered under the fair use doctrine. They should never be used on templates (including stub templates and navigation boxes) or on user pages. They should be linked, not inlined, from talk pages when they are the topic of discussion. This is because it is the policy of the Wikimedia Foundation to allow an unfree image only if no free alternative exists and only if it significantly improves the article it is included on. All other uses, even if legal under the fair use clauses of copyright law, should be avoided to keep the use of unfree images to a minimum. Exceptions can be made on a case-by-case basis if there is a broad consensus that doing so is necessary to the goal of creating a free encyclopedia (like the templates used as part of the Main Page).

The images are used only in the article namespace.

10. The image or media description page must contain:

  • Proper attribution of the source of the material, and attribution of the copyright holder (if it is different) where possible.
  • An appropriate fair use tag indicating which Wikipedia policy provision permitting the use is claimed. A list of image tags can be found on the Wikipedia:Image copyright tags#Fair_use page.
  • For each article for which fair use is claimed, the name of the article and a "fair use rationale" as explained in Wikipedia:Image description page. The rationale must be presented in a manner that can be clearly understood and which is relevant to the article in question.
This images is a screenshot from the PBS NewsHour, 21 July 2006.

As a quick test, ask yourself: "Can this image be replaced by any other image, while still having the same effect?" If the answer is yes, then the image probably doesn't meet the criteria above.

This image cannot be replaced by other images while still having the same effect.

[edit] Licensing

Copyrighted

This work is copyrighted and unlicensed. It does not fall into one of the blanket fair use categories listed at Wikipedia:Fair use#Images or Wikipedia:Fair use#Audio_clips. However, it is believed that the use of this work in the article "2006 Israel-Lebanon conflict":

  • To illustrate the object in question
  • Where no free equivalent is available or could be created that would adequately give the same information
  • On the English-language Wikipedia ([2]), hosted on servers in the United States by the non-profit Wikimedia Foundation ([3]),

qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Fair use and Wikipedia:Copyrights.

To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed fair use rationale.

File history

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The following pages on the English Wikipedia link to this file (pages on other projects are not listed):