Image talk:Heather higgins.gif

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[edit] Fair use rationale

This image is not "replaceable" because it isn't used solely to show a picture of the living person in question, but rather the living person in her appearance on Real Time with Bill Maher. The image caption reads "Heather R. Higgins appeared on the 21 April 2006 episode of Real Time with Bill Maher." The article specifically discusses that particular show in the third section. The article quotes Bill Maher in reference to Higgins' appearances on his shows (including Real Time). The image is irreplaceable because there is no other way to bring the portrayal of Higgins-as-political-personality-who-appears-on-shows-like-Real-Time to the Wikipedia reader. I think it would be bad for the encyclopdia to lose this content, which is clearly within the acceptable boundaries of the fair use doctrine, and which so clearly adds to the value of the article. DickClarkMises 23:49, 17 October 2007 (UTC)

This image is unquestionably being used to illustrate the person. If we got a good free image of this person, this image wouldnt be necessary. I can't understand that there is any need to have an image of her on the show. You can just say it in the text. Yes it adds to the article, but not so much more than a free image would do that you it qualify as fair use. Rettetast 18:00, 19 October 2007 (UTC)

The image is uniquely useful because it represents the subject in a particular way (on a television show doing what the article describes her as doing) that a free image, if available, would not accomplish. This would unquestionably qualify as fair use. Higgins contributed it herself, so you'll get no action from her. Do you think that HBO is going to claim that this image amounts to harm? No way. And even if they did bring action, they would lose. This is fair use. I'm interested in hearing what a 3rd party would say, though. DickClarkMises 23:38, 19 October 2007 (UTC)

[edit] WP:NFCC test

Here's how this image stacks up according to an application of that policy:

1) Can this image be replaced by a different one that has the same effect? No. No other image would have the same effect of bringing home Higgins qua political commentator and media personality as a single frame from RTwBM.

2) Is the image used in a manner that is likely to replace the original market role of the original copyrighted media? No way. RTwBM is a television show that communicates snarky commentary/discussion of political topics. This image simply shows that someone was on that show, and does not replace the original media.

3) Is the non-free image used a minimal number of times/to the minimal extent necessary to accomplish the encyclopedic goal? Yes. It is used twice, in both cases serving to a)illustrate the subject, Heather Higgins, b)illustrate Higgins' involvement in political commentary, and c)reinforce the fact that RTwBM appearances by the subject are significant for the purposes and thrust of the article.

4) Has the image been published outside Wikipedia previously? Yes. HBO aired this very image on more than one occasion. The publication of this still frame from an old episode does not pre-empt any possible profit-making by HBO.

5) Is the image encyclopedic? Yes. The image adds a number of things to the encyclopedic quality of the article. See point 3.

6) Does image use meet image use requirements? Yes, the image is in compliance with the various elements of WP:IUP.

7) Is the image used in at least one article? Yes, it is used in Heather Higgins and Independent Women's Forum.

8) Does significance of image mean that removal/omission would be a detriment to the encyclopedia? Yes, because image allows reader to identify Higgins visually, see her in a context referenced in the article (thus reinforcing the article's other content in a unique way), and see a reference to the particular show that is referenced in the article.

9) Is image used in article namespace only? Yes, the only use of the image is in the mainspace Heather Higgins and Independent Women's Forum articles.

10) Does image page description contain the required elements? Yes, as of today it does. DickClarkMises 15:48, 20 October 2007 (UTC)