User:Quadell/nfcc
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This is an essay; it contains the advice and/or opinions of one or more Wikipedia contributors. It is not a policy or guideline, and editors are not obliged to follow it. |
On Wikipedia, we can only use non-free images[1] if they pass all of our non-free content criteria (WP:NFCC). Many new users do not understand these criteria, and may upload images in good faith that are not usable according to our guidelines. When these images are deleted, this can be a source of frustration for new users. This guide is an attempt to explain our non-free content criteria using examples and helpful rules of thumb. If you have questions, please ask me or another experienced user before uploading non-free images.
- Note, however: this essay is not policy, but is merely an attempt to explain policy. My views are not binding, and I can at times be wrong. Still, I have a good deal of experience in this area on Wikipedia, and I believe this guideline accurately describes our policy and explains how consensus usually interprets it.
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[edit] NFCC #1
Wikipedia:Non-free content criteria #1 states:
- 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. If non-free content can be transformed into free material, this is done instead of using a fair-use defense. Non-free content is always replaced with a freer alternative if one of acceptable quality is available. "Acceptable quality" means a quality sufficient to serve the encyclopedic purpose. As examples, pictures of people who are still alive and buildings are almost always replaceable because anybody could just take a camera to them and take a picture. (As a quick test, ask yourself: "Can this image be replaced by a different one, while still having the same effect?" If the answer is yes, then the image probably does not meet this criterion.)
Explanation: More non-free images are deletion because they fail to meet this criterion than any other.[2] If a free image could be created that would replace a non-free image, then we can't keep the non-free image. It's not enough to show that no free replacement exists at this time. You have to show that none could be created in order to use the image. It's also not enough to say that no identical free image could be created. If a free image could be created that would give the same encyclopedic information in the article, we can't use the non-free one. The way the image is used in the article must be taken into account; some images may pass this criterion in one article, but not in another.
Some users have asked why this criterion exists. One of Wikipedia's founding principles is "free content". By not allowing non-free content except where unavoidable, Wikipedia encourages the creation and licensing of new free content. When non-free content is allowed, there is no incentive to create free content, but Wikipedia's policy has had the effect of bringing about innumerable free images that would otherwise not exist.[3]
Examples: The following kinds of images are generally held to pass this criterion. (Note that an image must pass all our criterion to be usable.)
- An image that depicts a unique historic event, such as Image:JFKmotorcade.jpg (in John F. Kennedy assassination), or Image:The Falling Man.jpg (in The Falling Man)
- An image of a deceased person, where non-free images are not known to exist, such as Image:Matthew Shepard head shot.jpg (in Matthew Shepard)
- An image of a music band that has broken up, where there is no indication that they will play together again, such as Image:Jackson5.jpg (in The Jackson 5)
- An image of an item that no longer exists, such as Image:LMTPolecat.jpg (in Lockheed Martin Polecat)
- An image depicting a copyrighted fictional character, such as Image:Worf2379.jpg (in Worf) or Image:Pikachu.png (in Pikachu)
Counter-examples: The following kinds of images are routinely deleted for failing to pass this criterion.
- An image used to depict living person, where there is no evidence that the person is a recluse or otherwise unavailable for photography
- An image of a music band that still exists and tours
- An image of a product that exists, even if it is rare or very expensive
- An image that depicts a repeating event, such as an annual fair
- Any map or diagram that could be recreated
Gray area: The following examples show gray area, where experienced users may genuinely disagree on how policy is to be interpreted. Consensus is used to decide how to deal with each particular case.
- An image of a person in a unique historical event, where the image is arguably only being used in the article to show what the person looks like
- An image of a musical band that is on hiatus or not touring
- An image of a living person who seems to avoid publicity
- An image of a subject that no longer exists (so that new images cannot be created), where free photographs of the subject exist, but where those photographs are of very low quality or limited usefulness
[edit] NFCC #2
Wikipedia:Non-free content criteria #2 states:
- 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.
Explanation: If NFCC #2 is violated, then the image is probably used illegally, and that puts the Wikimedia Foundation at legal risk. Since Wikipedia is the ninth most popular website in the U.S., many publishers validly see Wikipedia as successfully competing with them. For this reason, we must be extremely careful to avoid situations where we may be reducing the value of a copyright to its holder by using the image here. If an image is sold directly, then we certainly can't use it; but in addition, if other publishers must pay to display an image on their web sites, we can't use the image for free. Many users are not familiar with the way copyright is enforced, and assume that if an image is frequently displayed on the web, then it must be free to do so. This is not the case. The Associated Press, for example, charges news services money to display their images.
Examples: The following kinds of images are generally held to pass this criterion. (Note that an image must pass all our criterion to be usable.)
- An image whose copyright holder has explicitly granted Wikipedia permission to use the image, as in Image:Shoghi Effendi2.jpg (This permission does not mean that we can automatically use the image; but it does mean that NFCC #2 is probably not a problem.)
- A photograph known to have come from a press kit, such as Image:Adolph rupp.jpg
- Cover art for films, music albums, games, or related products
- An iconic image where the image itself is notable and is discussed, not just the subject of the image, as in Image:Kent State massacre.jpg (in Kent State shootings)
Counter-examples: The following kinds of images are routinely deleted for failing to pass this criterion.
- Any image from a news service, such as the AP, AFP, or Reuters, cannot be used unless it is used in an article about the image itself, not in an article about the subject of the image.[4]
- Any image sold by the copyright holder
- Any magazine cover, unless in an article about the magazine, or unless it is the cover itself that is notable and discussed
Gray area: The following examples show gray area, where experienced users may genuinely disagree on how policy is to be interpreted. Consensus is used to decide how to deal with each particular case.
- An image that otherwise passes our criteria, but where the copyright holder explicitly prohibits reproduction
- An AP image or magazine cover that is iconic and discussed, but that is arguably not necessary in the article it is in
[edit] NFCC #3
Wikipedia:Non-free content criteria #3 states:
- (a) Minimal use. As little non-free content as possible is used in an article. Short rather than long video and audio excerpts are used. Multiple items are not used if one will suffice; one is used only if necessary.
(b) Resolution/fidelity. Low- rather than high-resolution/fidelity is used (especially where the original is of such high resolution/fidelity that it could be used for piracy). This rule includes the copy in the Image: namespace.
Explanation: This criterion also protects the Wikimedia Foundation from legal liability. Never use a large, hi-res image when a small, lo-res image would work as well in the article. Never use more non-free images than necessary, even when more would make the article look better. Even if either image would be acceptable on its own, that does not mean that both are acceptable when used together.
Examples: The following kinds of images are generally held to pass this criterion. (Note that an image must pass all our criterion to be usable.)
- An low-resolution screenshot from a film or television show, as in Image:Neo SmithPic.jpg
- Multiple images of a fictional character, where each image shows a significantly different aspect of the character, and each image's specific content is notable and mentioned in the article's text, as in Image:Detective27.JPG, Image:Batman keaton 89.jpg, and Image:Batmananimated32.png, in Batman
Counter-examples: The following kinds of images are routinely deleted for failing to pass this criterion.
- An image whose size and resolution is larger than what is appropriately used in an article[5]
- A non-free image whose necessary encyclopedic content is already shown with other images in the article
Gray area: The following examples show gray area, where experienced users may genuinely disagree on how policy is to be interpreted. Consensus is used to decide how to deal with each particular case.
- Two images that show different aspects of the same subject, where the necessity of each image is questioned
- Multiple non-free image each showing a separate subject in an article about many subjects
[edit] NFCC #4
Wikipedia:Non-free content criteria #4 states:
- Previous publication. Non-free content has been published outside Wikipedia.
Explanation: For an image to be first published on Wikipedia, it must be released under a free license. If an image is non-free, it must be previously published so that a valid source can be given. This criterion is rarely violated, and is largely self-explanatory.
[edit] NFCC #5
Wikipedia:Non-free content criteria #5 states:
- Content. Non-free content meets general Wikipedia content requirements and is encyclopedic.
Explanation: Wikipedia is an encyclopedia, not a generic image hoster. If an image is not encyclopedic, it isn't needed on Wikipedia. The fact that a piece of content is an image does not exempt it from adhering to any other Wikipedia policy, such as Wikipedia:Neutral point of view, Wikipedia:Reliable sources, Wikipedia:No legal threats, or Wikipedia:No personal attacks.
Examples: The following kinds of images are generally held to pass this criterion. (Note that an image must pass all our criterion to be usable.)
- Any image that displays content which would otherwise be acceptable on Wikipedia. Since Wikipedia is not censored, this includes explicit or disturbing images, so long as they are encyclopedic.
Counter-examples: The following kinds of images are routinely deleted for failing to pass this criterion.
- A summary of data which has been effectively discredited or is unsourced
- An image which is libellous, or violates our policy on material suitable for biographies of living persons
Gray area: The following examples show gray area, where experienced users may genuinely disagree on how policy is to be interpreted. Consensus is used to decide how to deal with each particular case.
- An image whose content is claimed to be inherently biased, or used only to advocate a specific point of view
- An image which is claimed to not be encyclopedic, or that allegedly violates another Wikipedia policy.
[edit] NFCC #6
Wikipedia:Non-free content criteria #6 states:
- Media-specific policy. The material meets Wikipedia's media-specific policy.
Explanation: Wikipedia:Image use policy must be followed for non-free images, just as for free ones. For instance, a clear, detailed title should be given, and the file format should be appropriate to the type of image. These sorts of problems are generally handled by conversion and replacement.
[edit] NFCC #7
Wikipedia:Non-free content criteria #7 states:
- One-article minimum. Non-free content is used in at least one article.
Explanation: The doctrine of fair use only applies when there is a valid use. No non-free image is acceptable by itself; it requires the context of an article to determine if it passes our criteria. Orphan images (not used in any article) are routinely deleted.
Examples: The following kinds of images are generally held to pass this criterion. (Note that an image must pass all our criterion to be usable.)
- An image that is directly linked to from an article, but is not directly included for content reasons
Counter-examples: The following kinds of images are routinely deleted for failing to pass this criterion.
- Any non-free orphan[6]
[edit] NFCC #8
Wikipedia:Non-free content criteria #8 states:
- Significance. Non-free media is not used unless its presence significantly increases readers' understanding of the topic in a way that words alone cannot, and its omission would be detrimental to the reader.
Explanation: Wikipedia strives to avoid using non-free images accept where it is necessary to further our purpose as an encyclopedia. Images which are merely decorative, increasing the visual appeal of the article without substantially adding to the readers' understanding, are not accepted.
This criterion is often combined with other criteria to determine whether the image is acceptable. For instance, if an image contains some information which is replaceable under NFCC #1, it is important to determine whether the non-replaceable content of the image fulfills NFCC #8.
Examples: The following kinds of images are generally held to pass this criterion. (Note that an image must pass all our criterion to be usable.)
- A photograph of a person, character, item, or event, in an article about that same subject, as in Image:Hoffman abbie4 med.jpg, Image:Tv the muppet show bein green.jpg, or Image:Ruby-shooting-oswald2.gif
- Cover art for a book, film, music album, game, etc., used in an article about that specific subject
- A logo used in an article about the brand or company represented by the logo
Counter-examples: The following kinds of images are routinely deleted for failing to pass this criterion.
- A picture of a fictional character used in an image about an actor or another related subject
- A picture which is almost entirely text
- Any non-free image of an event or situation, where a textual description would inform the reader just as well
- Any non-free picture used in an article where a discussion of the subject is not central to the article
Gray area: The following examples show gray area, where experienced users may genuinely disagree on how policy is to be interpreted. Consensus is used to decide how to deal with each particular case.
- An image whose necessity in an article is debated
- An image of an event that could be described in text, but where there is uncertainty as to whether text alone would be adequate
[edit] NFCC #9
Wikipedia:Non-free content criteria #9 states:
- Restrictions on location. Non-free content is used only in the article namespace; it is never used on templates (including stub templates and navigation boxes) or on user pages. (To prevent an image category from displaying thumbnails, add __NOGALLERY__ to it; images are linked, not inlined, from talk pages when they are a topic of discussion.)
Explanation: Non-free images may only be used in articles. They may be removed from anywhere else by anyone without notice.
[edit] NFCC #10
Wikipedia:Non-free content criteria #10 states:
- Image description page. The image or media description page contains the following.
- (a) Proper attribution of the source of the material, and attribution of the copyright holder if different from the source.
- (b) An appropriate fair-use tag indicating which Wikipedia policy provision permitting the use is claimed. A list of image tags is at Wikipedia:Image copyright tags/Non-free content.
- (c) The name of each article in which fair use is claimed for the item, and a separate fair use rationale for each use of the item, as explained at Wikipedia:Fair use rationale guideline. The rationale is presented in clear, plain language, and is relevant to each use.
Explanation: The source and copyright-holder for a non-free image must be present on the image talk page.[7] The copyright-holder is almost always the creator of the image, unless the creator consented in writing to give up the rights to the image. For photographs, the subject is generally not the copyright-holder, unless the subject legally obtained the copyright; it is usually the photographer. A website or book which publishes an image, but did not create it, is not the source of the image. It is the original source we care about. In addition, an accurate fair use tag must be applied, in order to specify how the image can be used.[8]
An adequate fair use rationale must also be provided.[9] Helpful examples and guidelines for this can be found at User:ESkog/Rationales and User:Ilse@/fairuse.
Examples: The following kinds of images are generally held to pass this criterion. (Note that an image must pass all our criterion to be usable.)
- An image that credits the original source, contains an accurate image copyright tag, and includes a complete fair use rationale, as in Image:Action Comics -1 June 1938.jpg, Image:Cnn.svg, and Image:PalestinianChildren.jpg
Counter-examples: The following kinds of images are routinely deleted for failing to pass this criterion.
- Any non-free image where the source is not known
- Any non-free image without a valid copyright tag
- Any non-free image with no rationale, or with a rationale that does not adequately cover each use
Gray area: The following examples show gray area, where experienced users may genuinely disagree on how policy is to be interpreted. Consensus is used to decide how to deal with each particular case.
- An image where the validity of the source or tag is in doubt
- An image whose rationale may be inadequate
[edit] Notes
- ^ An image is considered "non-free" if it is copyrighted and is not explicitly released under a free license. Public domain image, or images released under the GFDL, for instance, are free. If an image is copyrighted and has not been released under a free license, it is non-free. Even if it is a promotional image widely distributed, it's non-free. Even if the copyright-holder has specifically given Wikipedia permission to use the image, it's non-free. See Wikipedia:Image use policy for more.
- ^ See Category:Replaceable fair use images
- ^ For examples, see User:Videmus Omnia/Free Images and Wikipedia:Successful requests for permission.
- ^ For example, this log shows that an image was originally deleted because it was an AP photograph used to depict the event shown. A different administrator restored it, incorrectly believing that it was usable. It was then re-deleted by Jimbo Wales, founder of Wikipedia, as a copyright violation, putting the matter to rest.
- ^ See Template:Non-free reduced
- ^ See Category:Orphaned fairuse images
- ^ See Category:Images with unknown source
- ^ See Category:Images with unknown copyright status and Category:Images with no copyright tag
- ^ See Category:Images with no fair use rationale and Category:Disputed non-free images
