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January 28

File:Ancient-tin-sources.svg

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The result of the discussion was: Delete; deleted as G7 by Athaenara (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 05:03, 29 January 2010 (UTC)[reply]

File:Ancient-tin-sources.svg (delete | talk | history | logs) – uploaded by Lboscher (notify | contribs | uploads).

Please go ahead and delete it, the legend is broken and I will re-create the image before uploading it for use in the tin sources and trade in ancient times article. Lboscher (talk) 00:22, 28 January 2010 (UTC)[reply]

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File:Christmas Puppet Show.jpg

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The result of the discussion was: Delete; deleted by Fastily (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:03, 29 January 2010 (UTC)[reply]

File:Christmas Puppet Show.jpg (delete | talk | history | logs) – uploaded by Eugeneacurry (notify | contribs | uploads).

Blast you, Fastily sock! This is the second picture I've uploaded you want to delete. Okay, I'll include the image on Persecution_of_Christians_in_the_Soviet_Union so it will no longer be an orphan. The images quality hardly seems relevant since the picture isn't grainy. Please don't delete. Eugeneacurry (talk) 04:31, 28 January 2010 (UTC)[reply]

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File:Carbon cycle-flux diagram.jpeg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 22:13, 1 February 2010 (UTC)[reply]

File:Carbon cycle-flux diagram.jpeg (delete | talk | history | logs) – uploaded by Kevin Saff (notify | contribs | uploads).
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File:Coriolis effect01.png

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 22:13, 1 February 2010 (UTC)[reply]

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File:Komnenos mosaic.JPG

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The result of the discussion was: Delete; deleted by Fastily (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 10:07, 31 January 2010 (UTC)[reply]

File:Komnenos mosaic.JPG (delete | talk | history | logs) – uploaded by Bigdaddy1204 (notify | contribs | uploads).
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File:Lawn1.JPG

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 22:13, 1 February 2010 (UTC)[reply]

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File:M.Butterfly 04-05 .jpg

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The result of the discussion was: delete, copyright violation. - Tbsdy (formerly Ta bu shi da yu) talk 03:17, 5 February 2010 (UTC)[reply]

File:M.Butterfly 04-05 .jpg (delete | talk | history | logs) – uploaded by Saranitup (notify | contribs | uploads).
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File:Oa idea.jpg

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The result of the discussion was: Delete; deleted by Fastily (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 09:07, 31 January 2010 (UTC)[reply]

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File:PickledLotusRootlet.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:RichlandWaIndustry 3.jpg

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The result of the discussion was: Delete; deleted by Melesse (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:04, 2 February 2010 (UTC)[reply]

File:RichlandWaIndustry 3.jpg (delete | talk | history | logs) – uploaded by Umptanum (notify | contribs | uploads).
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File:Vn-dotmap-danang.jpg

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The result of the discussion was: Delete; deleted by Melesse (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:04, 2 February 2010 (UTC)[reply]

File:Vn-dotmap-danang.jpg (delete | talk | history | logs) – uploaded by Bwmoll3 (notify | contribs | uploads).
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File:Volkswagon 2010 GTI MKVI.jpg

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The result of the discussion was: Delete; deleted by Melesse (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:04, 2 February 2010 (UTC)[reply]

File:Volkswagon 2010 GTI MKVI.jpg (delete | talk | history | logs) – uploaded by Cujosoccer (notify | contribs | uploads).
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File:Zócalo2.jpg

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The result of the discussion was: Delete; deleted by Melesse (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:04, 2 February 2010 (UTC)[reply]

File:Zócalo2.jpg (delete | talk | history | logs) – uploaded by Gib l (notify | contribs | uploads).
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File:İlber Ortaylı.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 22:13, 1 February 2010 (UTC)[reply]

File:İlber Ortaylı.jpg (delete | talk | history | logs) – uploaded by Legalis (notify | contribs | uploads).
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File:006.JPG

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The result of the discussion was: Delete; deleted by Materialscientist (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 13:07, 28 January 2010 (UTC)[reply]

File:006.JPG (delete | talk | history | logs) – uploaded by Wehwalt (notify | contribs | uploads).
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File:1977.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:1977.jpg (delete | talk | history | logs) – uploaded by Royal1608 (notify | contribs | uploads).
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File:2002123000650202-1-.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:2002123000650202-1-.jpg (delete | talk | history | logs) – uploaded by Kashif.h (notify | contribs | uploads).
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File:2006122021123058410.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:2006122021123058410.jpg (delete | talk | history | logs) – uploaded by Georgs69 (notify | contribs | uploads).
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File:2007-03-04-2213-13.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:2007-03-04-2213-13.jpg (delete | talk | history | logs) – uploaded by M2D1 (notify | contribs | uploads).
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File:2007-04-10 027.JPG

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:2007-04-10 027.JPG (delete | talk | history | logs) – uploaded by Lost in the cinema (notify | contribs | uploads).
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File:2007031620450634426.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:20070404 0621 Glacier.JPG

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The result of the discussion was: Delete; deleted by Tbsdy lives (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 05:02, 5 February 2010 (UTC) ((subst:ffd top|delete, not enough source information. - Tbsdy (formerly Ta bu shi da yu) talk 03:20, 5 February 2010 (UTC)[reply]

File:20070404 0621 Glacier.JPG (delete | talk | history | logs) – uploaded by Lepidlizard (notify | contribs | uploads).
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File:20070404 0733 Glacier.JPG

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The result of the discussion was: delete, not enough information about the subject to be useful. - Tbsdy (formerly Ta bu shi da yu) talk 03:21, 5 February 2010 (UTC)[reply]

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File:20070405 0807 Thistle.JPG

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The result of the discussion was: delete, not enough information about the subject to be useful. - Tbsdy (formerly Ta bu shi da yu) talk 03:21, 5 February 2010 (UTC)[reply]

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File:20070725 4471.JPG

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The result of the discussion was: Kept - It is a male Cairns Birdwing butterfly, A crop of this image is used (see File:Male Cairns Birdwing.JPG). Tagged for commons and description updated - Peripitus (Talk) 02:23, 5 February 2010 (UTC)[reply]

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File:20070725 4493.JPG

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The result of the discussion was: Kept - clear mistake here. The file is not orphaned and the use of a Papilio ulysses at Kuranda Butterfly Sanctuary is clearly stated - Peripitus (Talk) 02:19, 5 February 2010 (UTC)[reply]

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File:20080818090252!Central Europe (proposal 2).PNG

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The result of the discussion was: keep, move to Commons eventually. Angus McLellan (Talk) 12:17, 9 February 2010 (UTC)[reply]

File:20080818090252!Central Europe (proposal 2).PNG (delete | talk | history | logs) – uploaded by Guy Peters (notify | contribs | uploads).
Wikipedia is not an orphanage. If the file isn't used, and if it's unlikely someone will, there's no reason to retain it. -FASTILYsock(TALK) 09:00, 1 February 2010 (UTC)[reply]
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File:20081014 1945 goes12 x vis1km high 99LINVEST 30kts-1005mb-154N-828W 100pc.jpg

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The result of the discussion was: delete per user request. Jafeluv (talk) 11:33, 28 January 2010 (UTC)[reply]

File:20081014 1945 goes12 x vis1km high 99LINVEST 30kts-1005mb-154N-828W 100pc.jpg (delete | talk | history | logs) – uploaded by Kyle1278 (notify | contribs | uploads).
As the unloader of the image i agree with the nomination to Delete the image. Kyle1278 04:14, 28 January 2010 (UTC)[reply]
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File:20232788 464c67535d.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:20232788 464c67535d.jpg (delete | talk | history | logs) – uploaded by Ghostkamera (notify | contribs | uploads).
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File:Dome of the Rock by Jujujuned.jpg

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The result of the discussion was: Routine cleanup - file was moved. - Tbsdy (formerly Ta bu shi da yu) talk 03:24, 5 February 2010 (UTC)[reply]

File:2070209124 182150f46e o.jpg (delete | talk | history | logs) – uploaded by Jujujuned (notify | contribs | uploads).
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File:207353554Fyoykk ph.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

File:207353554Fyoykk ph.jpg (delete | talk | history | logs) – uploaded by Wintersurfer (notify | contribs | uploads).
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File:21-04-07 1633.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:21-04-07 1633.jpg (delete | talk | history | logs) – uploaded by Knucklespwns (notify | contribs | uploads).
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File:21012006Mt erica.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:21012006Mt erica.jpg (delete | talk | history | logs) – uploaded by Spgoo1 (notify | contribs | uploads).
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File:21032007(004).jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

File:21032007(004).jpg (delete | talk | history | logs) – uploaded by Prashant1189 (notify | contribs | uploads).
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File:21072006(003).jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:2450644223 e5ce00ccaf b.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:2455237 2.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:245.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:2419517589 9aecb36fe6.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:24621918 b0237d34ee b.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:246462726a2168807762b137796634l.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:25-03-06 1335.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:2514715502 ba59097180 o.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:2514718752 fa5649b875 o.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:2534448400085262902bBiQkA p.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:259.JPG

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:2596912583 78da7e5139 b.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:26-03-07 1900.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:26-09-2006 22-02-13 0036.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:269851.JPG

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:25, 5 February 2010 (UTC)[reply]

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File:27112007053.jpg

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:25, 5 February 2010 (UTC)[reply]

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File:2714257513 68b70c96c1 b.jpg

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:25, 5 February 2010 (UTC)[reply]

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File:27213.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:Boabdilsword.JPG

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:276574172 ee645c1781 o.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:KN RBL YMB at RBL Brentwood Drill Silent Foot Drill Contest.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:266145133133 0 BG.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:531097053133 0 BG.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:476012633133 0 BG.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:275870423133 0 BG.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:GaogiersCrabSpider.jpg

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The result of the discussion was: Delete; deleted by Melesse (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:04, 2 February 2010 (UTC)[reply]

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File:GaogiersCricket1.jpg

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The result of the discussion was: Delete; deleted by Melesse (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:04, 2 February 2010 (UTC)[reply]

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File:GaogiersCricket2.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

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File:Behind Scenes Available.png

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:GaogiersSecondCricket1.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:GaogiersSecondCricket2.jpg

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The result of the discussion was: Delete; deleted by Melesse (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:04, 2 February 2010 (UTC)[reply]

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File:GaogiersSegwayAllTheWay.png

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The result of the discussion was: Delete; deleted by Melesse (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) A file with this name on Commons is now visible. AnomieBOT 06:04, 2 February 2010 (UTC)[reply]

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File:GrandTheftAuto.png

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

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File:NashThisBagelBrother.JPG

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:27, 5 February 2010 (UTC)[reply]

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File:BegalBagelMegalMagal.JPG

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:29, 5 February 2010 (UTC)[reply]

File:BegalBagelMegalMagal.JPG (delete | talk | history | logs) – uploaded by Gaogier (notify | contribs | uploads).
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File:BegalNash.JPG

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:27, 5 February 2010 (UTC)[reply]

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File:BagismForFreedom.JPG

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:29, 5 February 2010 (UTC)[reply]

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File:BagelNashHuddersfield.JPG

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:30, 5 February 2010 (UTC)[reply]

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File:BAGEL NASH ST PAULS ST.JPG

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:27, 5 February 2010 (UTC)[reply]

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File:28-02-07 1201 2.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:30, 5 February 2010 (UTC)[reply]

File:28-02-07 1201 2.jpg (delete | talk | history | logs) – uploaded by ACBest (notify | contribs | uploads).
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File:28085500 VistaBr.jpg

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:28, 5 February 2010 (UTC)[reply]

File:28085500 VistaBr.jpg (delete | talk | history | logs) – uploaded by D1yTerho (notify | contribs | uploads).
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File:28042007409.jpg

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The result of the discussion was: This file is already deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:27, 5 February 2010 (UTC)[reply]

File:28042007409.jpg (delete | talk | history | logs) – uploaded by Parradudes (notify | contribs | uploads).
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File:28540708-L.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:31, 5 February 2010 (UTC)[reply]

File:28540708-L.jpg (delete | talk | history | logs) – uploaded by TheDaan (notify | contribs | uploads).
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File:285600882 e69719a4aa b.jpg

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The result of the discussion was: Delete; deleted by Materialscientist (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 00:01, 4 February 2010 (UTC)[reply]

File:285600882 e69719a4aa b.jpg (delete | talk | history | logs) – uploaded by Mind meal (notify | contribs | uploads).
File is now on Commons as File:Enkyo Pat O'Hara sitting.jpg. A crop of this file is used so I think it would be nice to have this as source file. --MGA73 (talk) 18:35, 3 February 2010 (UTC)[reply]
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File:286471232 35f304513b.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:286471232 35f304513b.jpg (delete | talk | history | logs) – uploaded by Tonyregret (notify | contribs | uploads).
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File:287201509 5a0eb8440b.jpg

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The result of the discussion was: Delete; deleted by Explicit (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:01, 5 February 2010 (UTC)[reply]

File:287201509 5a0eb8440b.jpg (delete | talk | history | logs) – uploaded by Spellmanloves67 (notify | contribs | uploads).
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File:Shiv-parvati.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:31, 5 February 2010 (UTC)[reply]

File:Shiv-parvati.jpg (delete | talk | history | logs) – uploaded by Balajiviswanathan (notify | contribs | uploads).
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File:Capt.sge.ohh05.120407150602.photo02.photo.default-512x278.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:31, 5 February 2010 (UTC)[reply]

File:Capt.sge.ohh05.120407150602.photo02.photo.default-512x278.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:An Iraqi Army soldier during a sandstorm in central Baghdad, April 27, 2008.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:32, 5 February 2010 (UTC)[reply]

File:An Iraqi Army soldier during a sandstorm in central Baghdad, April 27, 2008.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:U.S. soldiers during street fighting in Sadr City in April 2008.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:32, 5 February 2010 (UTC)[reply]

File:U.S. soldiers during street fighting in Sadr City in April 2008.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:Mahdi Army fighters take up positions during the street fighting in Basra.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:32, 5 February 2010 (UTC)[reply]

File:Mahdi Army fighters take up positions during the street fighting in Basra.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:French armored vehicle in N'Djamena.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:33, 5 February 2010 (UTC)[reply]

File:French armored vehicle in N'Djamena.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:Smoke rises from the Green Zone after a mortar strike March 25, 2008.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:33, 5 February 2010 (UTC)[reply]

File:Smoke rises from the Green Zone after a mortar strike March 25, 2008.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:Pawan23.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:33, 5 February 2010 (UTC)[reply]

File:Pawan23.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:A soldier with a Stryker unit aims a rocket launcher at a possible bomb during an offensive in the Diyala River Valley.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:34, 5 February 2010 (UTC)[reply]

File:A soldier with a Stryker unit aims a rocket launcher at a possible bomb during an offensive in the Diyala River Valley.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:American Stryker vehicle near Muqdadiya.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:34, 5 February 2010 (UTC)[reply]

File:American Stryker vehicle near Muqdadiya.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:Polish Hind in Iraq.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:34, 5 February 2010 (UTC)[reply]

File:Polish Hind in Iraq.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:Army.mil-2007-03-19-132820.jpg

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The result of the discussion was: This file has already been deleted. - Tbsdy (formerly Ta bu shi da yu) talk 03:34, 5 February 2010 (UTC)[reply]

File:Army.mil-2007-03-19-132820.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
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File:Battle-2t.jpg

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The result of the discussion was: Delete; deleted by Peripitus (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 03:01, 5 February 2010 (UTC)[reply]

File:Battle-2t.jpg (delete | talk | history | logs) – uploaded by Top Gun (notify | contribs | uploads).
Yes, but ... this is an iconic photograph from Hué. It shouldn't be too hard to find a source, rather than taking it to FfD. You could have done that first, you know. Daniel Case (talk) 21:58, 28 January 2010 (UTC)[reply]
What makes you so sure I haven't tried? --Damiens.rf 03:24, 29 January 2010 (UTC)[reply]
Because it's such a widely reproduced photo (although, to be fair, I'm not sure if it's Army or press, in which case it's improperly licensed and would need a fair use rationale). Daniel Case (talk) 04:20, 29 January 2010 (UTC)[reply]
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File:JD Salinger.jpg

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The result of the discussion was: keep. This has been an extremely complex and controversial deletion discussion, so I need to give a detailed explanation for why the decision is to keep the image.

Firstly, I am unable to base my decision on the OTRS ticket that has been lodged as I am necessarily not privy to the contents of this confidential information. This will be assessed by the volunteers, possibly with input from WMF legal counsel. If it is decided that this really cannot be considered to fall under fair use provisions, then I bow to legal opinion.

However, the crux of this matter is whether this image can be used on Wikipedia under U.S. fair use doctrine. After reading the debate, I believe that it can. My reasoning why this is valid under fair use is that it satisfies all fair use criteria, as set out in the Copyright Act of 1976, 17 U.S.C. § 107:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes:
    • The purpose of this image is to show what J. D. Salinger looked like, before he stopped allowing public images taken of him.
    • The character of this is to educate and inform, as this is Wikipedia's primary purpose. This is in no way being used for commercial purposes - mirrors will need to consider whether they exclude the image as this will colour their usage of the image under fair use.
  2. The nature of the copyrighted work:
    This image has been used on a number of book covers. It has been reported that though Salinger gave permission for the photo shoot and publication of the image on the back of book covers, he later was so sick of public images of himself that he demanded that the publisher remove the image from all books sold. The important aspect here is that the work has already been published, and was not strictly for private use. I should note that had this been only for private use, then we would be on much shakier ground, but it would not necessarily restrict the fair use of the image; this is but one factor to consider when determining whether the image can be on the grounds of fair use.
  3. Amount and substantiality:
    Here I believe that we need to make some modifications to the image. For a start, it has been (correctly) resized and resampled to lower the amount and substantiality of the work. Unfortunately, the higher quality images were still in the image history, so I have taken the liberty of deleting these copies. I would prefer it if the final image was cropped or resampled to be at our normal thumbnail size however, as this would certainly assist with a claim of fair use. Once the final image is decided on, we should delete all other copies. However, all of this can be achieved fairly easily. I do note that the existing quality is not substantial as it appears to be a scan of a book cover, and in fact I can see some half-toning effects that come about from a less than expert scan of printed material.
  4. Effect upon work's value:
    The effect on the work's value is in doubt here. There is an argument that the estate will have their commercial rights impinged if we publish even a lower quality image of this photo. However, it is worth considering that J. D. Salinger's wishes were that his photos were to never be published, and he took great pains to ensure that this did not occur. One would presume that his estate would need to take this into account before using the photo for commercial interests; if they do so then they would not be honouring the wishes of the deceased man that the estate represents. However, should the estate wish to publish the photo, then I do not believe that this image in particular will cause them any great loss. A number of press organisations, such as Associated Press and The Washington Post, have published J. D. Salinger's photo under fair use, and it appears that they have not caused any economic loss or degradation to the work. Indeed, if anything there is more interest than ever about J. D. Salinger so I think that it less than likely we would be impinging on the estate's ability to use the image commercially.

So this is the fair use criteria I have taken into account. However, the English Wikipedia also has a stricter set of criteria for non-free images, which are detailed under Wikipedia:Non-free content criteria. Therefore, I have taken into consideration each of the criteria. These are:

  1. No free equivalent.
    This criteria boils down to the replaceability of the image. The litmus test for satisfying this criteria is as follows:
    ...ask yourself: "Can this non-free content be replaced by a free version that has the same effect?" and "Could the subject be adequately conveyed by text without using the non-free content at all?" If the answer to either is yes, the non-free content probably does not meet this criterion.
    The answer to these questions is no. There is no way of replacing this image with a free equivalent — all of the known images of J.D. Salinger are also under copyright. There is also no easy way of adequately depicting the image through text — as the old adage goes, "a picture is worth a thousand words". Therefore, this file is clearly not replaceable with a free equivalent.
  2. Respect for commercial opportunities.
    This is covered above, but it seems extremely unlikely that this image will affect using the image in commerce. The two aspects that we are asked to examine are that we do not have multiple images of the one person, and that we do not overuse the image on Wikipedia. With both of these aspects we do not: we have only one image of J.D. Salinger (it appears that is wrong as we have File:Jd salinger.jpg, however this is used as a book cover and thus I believe we do not have excessive numbers of pictures of the subject), and we only use this image on J.D. Salinger as this is really the only appropriate place for the image.
  3. Previous publication.
    This image came from a cover of his book, and it is also the image of J.D. Salinger that is commonly published by the press.
  4. Content.
    The criteria for content is that "Non-free content meets general Wikipedia content standards and is encyclopedic". This meets both these requirements - it is not of such bad quality that it cannot be used, and it is most definitely significant to the J.D. Salinger article.
  5. Media-specific policy.
    As this is at the crux of this discussion, I don't feel much need to elaborate, suffice to say that it satisfies the criteria specified under U.S. fair use law.
  6. One-article minimum.
    It is used in the article of J.D. Salinger.
  7. Contextual significance.
    It does lead the reader to better understand the character of J.D. Salinger. I feel that this point would be strengthened even further if the caption explained that this was the last known image of Salinger, and his extreme measures to prevent himself being photographed. In fact, I think that on this count the article doesn't really do justice to this somewhat remarkable aspect of Salinger's life - however, I will not editorialise too much as I am only really pointing this out because it does affect my decision whether to keep or delete the image. I believe that while this aspect of NFCC is particularly weak, it should be easy to correct should that be what editors decide to undertake when updating the article.
  8. Restrictions on location.
    This is something we will have to be diligent about to ensure that the image doesn't appear on disambiguation pages and lists. But that is something that should be pursued as a matter of policy, and it cannot have any baring on this decision as I have already established that it will be used on the article J.D. Salinger.
  9. Image description page.
    I have reviewed the image description page, and I am satisfied that the correct fair use template is being used properly. The description page gives a concise and accurate summation of why this image falls under fair use on Wikipedia.

I do understand that this will be controversial to some of you, but as you can see I have given this some considerable thought and I have provided a full justification that should satisfy whether this can be justifiably used as a non-free image under fair use. - Tbsdy (formerly Ta bu shi da yu) talk 04:42, 5 February 2010 (UTC)[reply]

File:JD Salinger.jpg (delete | talk | history | logs) – uploaded by Daniel Case (notify | contribs | uploads).
Lotte Jacobi Collection, University of New Hampshire.©Geni 21:37, 28 January 2010 (UTC)[reply]
Well he just died, which makes it even more irreplaceable. Daniel Case (talk) 21:53, 28 January 2010 (UTC)[reply]
That doesn't really adress the fact the there is a kinda lack of a fair use case on the image page.©Geni 21:58, 28 January 2010 (UTC)[reply]
When this policy was introduced and I went and found this photo, it was assumed even by the people who had been clamoring to exclude all fair use images that pictures like these, of known recluses, especially iconic ones (as I write this every major website is using one of the shots from the Jacobi sessions), needed what I wrote as the justification. He was reclusive and those photos were the most commonly used ones. What more do we need? It's moments like these when I don't regret those lower boxes on my userpage AT ALL. Daniel Case (talk) 22:03, 28 January 2010 (UTC)[reply]
It needs a detailed non-free use rationaleGeni 22:07, 28 January 2010 (UTC)[reply]
I have extended it and added a link to the New York Times obit which quotes an old interview of Salinger's where he expresses his hatred of being photographed after that time in his life, to the point that he asked his publisher to take his picture off the back cover of future prints. Daniel Case (talk) 22:25, 28 January 2010 (UTC)[reply]
Irreplaceabity is one of the reasons for allowing such images. Daniel Case (talk) 04:12, 29 January 2010 (UTC)[reply]
Irreplaceabity is never a reason for allowing any image. You are confused. Replaceabity is a reason for not allowing non-free images, but from "A implies B" you can't take "NOT-A implies NOT-B". --Damiens.rf 17:40, 29 January 2010 (UTC)[reply]
Nonsense. Kafziel Complaint Department 17:59, 29 January 2010 (UTC)[reply]
Tip: A = "Non-free image is replaceable", B = "Non-free image is deleted". Also, consider educating yourself in Logic. --Damiens.rf 18:24, 29 January 2010 (UTC)[reply]
Mind the personal attack there, Damiens. he said irreplaceability is one of the reasons for allowing such images ... after all, even an arguably iconic image that significantly enhances the reader's appreciation of a historic event has to be shown at a low resolution with the copyright holder as clearly identified as we can get it. Irreplaceability is a strong reason for allowing a fair-use image, but it will not sustain that allowance all by itself. Daniel Case (talk) 18:36, 29 January 2010 (UTC)[reply]
"he said irreplaceability is one of the reasons for allowing such images" - And I said irreplaceability is never a reason for allowing any images. --Damiens.rf 19:02, 29 January 2010 (UTC)[reply]
Yes, Damiens, I took that class my freshman year of college just like everyone else. Just because you can't take "NOT-A implies NOT-B" from "A implies B" , it does not logically follow that "NOT-A implies NOT-B" can never be a valid statement. If you want to prove that with logic, you're going to need a lot more propositions.
If you're resorting to arguing logical semantics here, not to mention questioning editors' educations, I'd say it's a bad sign for your case. Kafziel Complaint Department 19:12, 29 January 2010 (UTC)[reply]
We know what the real issue is. We know this is one of the Lotte Jacobi photos. The only lingering issue is that we're not sure whether her estate, or UNH, owns the copyright.
  • I know what you questioned: No information on copyright holder. Well isn't it just on the image description page? I'm merely showing how it satisfies another component of NFCC. -- King of ♠ 07:08, 29 January 2010 (UTC)[reply]
Well, at least this way we'll know who it is. Daniel Case (talk) 04:12, 29 January 2010 (UTC)[reply]
I would like to see this OTRS complaint. First, I would like to know if it's even still copyrighted. At the time the image was created, copyright terms lasted 28 years with the chance to extend them another 28 if the rights holder applied for an extension. If they did, they get that life-plus thing. If not, this image is PD as the original copyright would have expired in 1980 or so. Daniel Case (talk) 04:12, 29 January 2010 (UTC)[reply]
We have published this image at a low resolution, in accordance with our policies and legal precedents. It is within fair use and our own narrower reading. Daniel Case (talk) 04:12, 29 January 2010 (UTC)[reply]
The email is from a representative of the copyright holder, asking that we remove the image until permission has been saught. Again, if this image so clearly does not damage the rights of the copyright holder, why are they so eager to have it removed? I think it highly likely that the copyright holder has either given permission for every other use, or is in the process of contacting various webmasters, and so the fact it is used elsewhere (and our own resolution) appear irrelevent. Also, why has the copyright holder not been contacted anyway? We claim that this image is irreplaceable, but we haven't even tried requesting a free image? J Milburn (talk) 12:11, 29 January 2010 (UTC)[reply]
A complaint from the copyright holder merely establishes that we aren't complying with his/her wishes (which can be as extreme as not wanting anyone to ever see an image). It's reasonable to consider said wishes, but we are under no legal or policy-based obligation to abide by them (beyond those that correspond with the laws and policies discussed above and below).
Wikipedia policy does not allow by-permission use of non-free images, so unless the copyright holder releases the image under a free license or into the public domain, fair use is our only option. —David Levy 15:18, 29 January 2010 (UTC)[reply]
So you're effectively saying we should ignore the wishes of the copyright holder, and not even ask permission, despite the fact they have specifically asked us to remove the image until we have done so? Recognising that "Wikipedia has permission to use this" is non-free and ignoring the wishes of the copyright holder are two entirely different things. J Milburn (talk) 16:19, 29 January 2010 (UTC)[reply]
I don't know why you've interpreted "it's reasonable to consider [the copyright holder's] wishes" as "we should ignore the wishes of the copyright holder."
There's no harm in attempting to appease him/her, provided that this doesn't entail removing a beneficial image that we're entitled to use. If we can obtain the copyright holder's blessing, that's fine, but understand that this would have absolutely no bearing on our ability to use the image (unless he/she also releases it under a free license or into the public domain). —David Levy 16:50, 29 January 2010 (UTC)[reply]
And have you tried to get this released under a free license? Or tried to get any other images of the subject released? J Milburn (talk) 17:17, 29 January 2010 (UTC)[reply]
I've done nothing but comment here. (I've never even edited the article.) I'm sorry that I don't have time to take an active role in every underlying issue on which I express an opinion. —David Levy 17:29, 29 January 2010 (UTC)[reply]
There is nothing, repeat nothing, in the FUC that gives copyright holders an absolute veto over our use of an image. J Milburn, has it ever occurred to you that the copyright holder might be on a power trip? Copyright holders do not get define fair use to their liking; it's in statute.

This brings to mind one of the less-frequent complaints about our image-use policy ... that by pretty much surrendering most of the middle ground of fair use to copyright holders, it actually promotes the interests of the copyright industry (Imagine, if you dare, a future IP regime in which our FUC are written into US law. Big Media, the same big media that want to keep extending copyright into eternity because they want to eventually make enough money so that they won't have to do anything except cash checks, would love it and no one could complain because we, Wikipedia, the free-content encyclopedia, came up with it first)

There is a principle to defend here. I assume we don't remove information from BLPs that is reliably and multiply sourced because the subject complains the article is insufficiently hagiographic? Daniel Case (talk) 18:12, 29 January 2010 (UTC)[reply]

<dedent>
</dedent> Some copyright owners have more money for lawyers than the Foundation has. First, assume a copyright owner's e-mail to info-en-c results in a determination of Keep. Then the copyright owner sends a takedown notice to the Foundation's designated agent, and the Office gets involved. Two weeks later, it goes up after a contributor's counter-notice: "under penalty of perjury I stand behind the use rationale." This leads to the copyright owner's loss of desire to edit Wikipedia, which opens the door to a court order. Whether a use qualifies under NFCC #2 is something that can only be determined at trial, and I doubt that the Foundation has the cash for that. --Damian Yerrick (talk | stalk) 14:43, 31 January 2010 (UTC)[reply]
Uh, FUC #2 is Wikipedia policy, not U.S. law. No court would take it upon itself to interpret a private organization's policy for it, especially where said policy is more restrictive than U.S. law on the subject. And see copyright misuse as a defense here. As a matter of principle, we don't just give in to every legal threat someone makes. We don't take a couple of German ex-cons' names out of an article on the English Wikipedia because German law says to suppress it. Daniel Case (talk) 16:54, 31 January 2010 (UTC)[reply]
I read NFCC #2 ("Non-free content is not used in a manner that is likely to replace the original market role of the original copyrighted media") as equivalent to 17 USC 107(4) ("the factors to be considered shall include [...] the effect of the use upon the potential market for or value of the copyrighted work"). So please allow me to rephrase: Whether a use qualifies under 17 USC 107(4) is something that can only be determined at trial. --Damian Yerrick (talk | stalk) 16:59, 31 January 2010 (UTC)[reply]
If that were the only fair-use criterion we had, you'd be right. But I read many of the other criteria as designed to ensure that without us having to make that judgement call all the time. Daniel Case (talk) 20:47, 31 January 2010 (UTC)[reply]
Oh my God! You really believe that WP:NFCC is multiple choice. --Damiens.rf 21:05, 31 January 2010 (UTC)[reply]
A non-free image doesn't have to satisfy only one of the criteria under Wikipedia policy. It has to satisfy them all, plus the law. --Damian Yerrick (talk | stalk) 21:07, 31 January 2010 (UTC)[reply]
No, Damiens, the point of having seven other criteria was to give us a procedure for justifying use under the law and FUC 2. We are far more scrupulous in this, as a result, than most other users on the Internet. I do not object to a deletion of a fair use image where the original copyright holder is not identified despite requests for him to do so, where it is not reduced in resolution and where it cannot be argued that it is contextually significant (FUC 8, the usual turning point of this sort of discussion). A couple of weeks ago someone removed a parody magazine cover image from Anna Wintour that I had put in a long time ago, on the grounds that it wasn't specifically discussed in the accompanying text. I thought it nicely illustrated the depth of the anger anti-fur activists have at the article's subject, but I agreed that the connection to the text wasn't strong enough and that a free image of some PETA type tossing blood at her or pieing her in the face (behavior that is discussed in the text) would be more pertinent as illustration goes.

What I am objecting to, or finding difficult to understand, is your claim that despite meeting all these other criteria we should nevertheless still delete it under a (as lawyers would say) notional violation of FUC 2 (That criterion is most often violated by photos of recent breaking news events, which is what some of us always perceived it as being meant for, not half-century old iconic photos of recently deceased legends of American literature that may well not be copyrighted anymore anyway). Daniel Case (talk) 04:21, 1 February 2010 (UTC)[reply]

  • This is immaterial to the discussion. --Damiens.rf 03:17, 29 January 2010 (UTC)[reply]
  • The irreplacability has to do with our content criteria on when we use images under Fair use. The second part refers to that we clearly can legally use this copyrighted photo under Fair use. How is my comment immaterial? Prodego talk 03:20, 29 January 2010 (UTC)[reply]
  • Irreplacability was never questioned in the nomination. Why did you bring it up? You do understand it's just one of 10 criteria the image must pass, don't you? --Damiens.rf 03:26, 29 January 2010 (UTC)[reply]
  • I quote from WP:NFCC: "Identification of the source of the material, supplemented, where possible, with information about the artist, publisher and copyright holder." (bolding mine) It is not a requirement, and is something that I suspect could easily be obtained. The image should definitely be kept, dotting the i's and crossing the t's can be done later. Prodego talk 03:32, 29 January 2010 (UTC)[reply]
Thank you. Daniel Case (talk) 04:12, 29 January 2010 (UTC)[reply]
  1. No free equivalent - check.
  2. Respect for commercial opportunities - low-res, check.
  3. Minimal usage - check.
  4. Previous publication - check.
  5. Content - check.
  6. Media-specific policy - as far as I can tell, check.
  7. One-article minimum - check.
  8. Contextual significance - check.
  9. Restrictions on location - check.
  10. Image description page.
    1. Identification of the source of the material, supplemented, where possible, with information about the artist, publisher and copyright holder - check.
    2. A copyright tag that indicates which Wikipedia policy provision is claimed to permit the use - check.
    3. The name of each article (a link to each article is also recommended) 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 - check.

Why are we having this discussion again? --SarekOfVulcan (talk) 04:54, 29 January 2010 (UTC)[reply]

Because situations have changed. Read up. J Milburn (talk) 12:14, 29 January 2010 (UTC)[reply]
This user seems to have listed a great number of irreplaceable historical photographs that meet all of WP's criterion for fair use usage. APL (talk) 07:35, 29 January 2010 (UTC)[reply]
That has nothing to do with this issue. J Milburn (talk) 12:14, 29 January 2010 (UTC)[reply]
Again, I would like more detail on the OTRS complaint, as only those with OTRS access (which is to say, not me) can review it. Just because a copyright complaint is received does not automatically mean the image fails our FUC; this use is within both it and the legal standard of fair use. Does the rights holder have proof that the image is still covered by copyright, for one thing (see my post above on this)? It is eminently possible that the details of the complaint are not with the image as a whole but some way in which it is used, which we might well be able to rectify (as we were a few weeks ago when someone pointed out this needed to be reduced). Daniel Case (talk) 17:59, 29 January 2010 (UTC)[reply]
If the copyright holder is UNH, we ought to talk with them about releasing more of the Jacobi photos. In any rate I can't imagine what concern they could have (assuming, as I have noted, that the copyright term on the images was extended at the right time and that they have proof of this). A fair amount of those GLAM sector people know less about copyright than they (or even their lawyers) think they do.
Using the image as a means of visual identification is within the legal bounds of fair use, which is far broader than the policy we adopted four years ago to artificically encourage the use of free content. See "Common misunderstandings of fair use":" Fair use is a right granted to the public on all copyrighted work. Fair use rights take precedence over the author's interest. And yes, that has a source.

As for the scarcity of the image being a source of future profit, again I would want the copyright holder to demonstrate that the copyright on the image was renewed in a timely fashion. The picture was one of several taken almost sixty years ago and has been in wide circulation ever since. While the rights holder may think it is still profitable to license it out, and indeed they are within their rights, it would be unrealistic to assume they could successfully suppress this image enough to restore it to profitability at this point. (The picture of Salinger that someone snapped of him leaving the local supermarket in the mid-'80s ... now, that's a money maker even today). Daniel Case (talk) 18:32, 29 January 2010 (UTC)[reply]

If the image can be proved to be PD (due to copyright not-renewed), than this conversation is moot. Assuming it is copyrighted, I have not seen a case for our use of this image being fair use (as in law). Fair use is not a blanket permission for using copyrighted works when it's convenient to do so. We can't ignore the fact that to the copyrighted holder is reserved the right to license this image to Britannica only (for instance) for a fee. It's not ethical to ignore this just because many others have already ignored this before.
We're not using a copyrighted work for commentary on the copyrighted work itself (as would be a transformative use). We are using a copyrighted picture of a man because we want to show a picture of that man. I any serious publication, free or not-free, commercial or non-commercial, online or dead-tree, a use permission would have to be acquired first (probably after paying some licensed fee). --Damiens.rf 18:56, 29 January 2010 (UTC)[reply]
First of all, we need to know what the OTRS complaint is actually about. Either the copyright holder legitimately wishes it removed and we comply with the request, or they failed to renew it and it's PD. Without such verification, that argument is groundless, and it will be kept as valid fair use. -- King of ♠ 22:19, 29 January 2010 (UTC)[reply]
Images are used for visual identification all the time with no complaint from rights holders, not here, not anywhere. I'm pretty sure it falls under the legal definition of fair use to do so, not in the least because it's never been tested in court and without a court decision saying otherwise, we can consider it permitted under common-law construction. I note also that WP:NFC#UUI does not say anything about depicting the appearance of a subject being an unacceptable use. It's not on the fair-use whitelist, to be sure, either, but that's because the idea was that it was better for the community to work this out on a case-by-case basis. Daniel Case (talk) 05:34, 30 January 2010 (UTC)[reply]
The copyright holder, or someone purporting to be them or purporting to hold a valid copyright to the image (I can't tell because we peons are not allowed to review the OTRS complaint ... yes, even this peon who has more powers than the average admin) has made some sort of complaint, again the specifics of which we do not know and therefore, cannot consider in this FfD IMO.

Anyhow, to the specifics of your comment — you are somewhat confused, as many people not involved in discussing issues that arise from it are (because it's a confusing policy, but that's neither here nor there at this particular juncture). We never use commercial photos of living people, at any resolution, because, usually, they are public people who make appearances where they permit people to photograph them and, even if no such image has been created as a free one, one could be. That's called replaceable fair use and is a reason for not using a fair-use image on Wikipedia. The idea is that by limiting ourselves to free images of celebrities, say, we encourage the creation of free content. I must admit that, as far as contemporary pics of celebrities go, this has been more successful than some of us were afraid it would be at the time.

However, when the specifics of the policy were being hammered (and I do mean hammered) out, we discussed the question of notable people such as, specifically, Salinger, who had been a notorious recluse for years. It was generally agreed that, in those cases, photos that were widely used to depict them, no matter how old, were OK (This was a descendant of what Jimbo called the "North Korea exception" to the tighter image policy, whereby fair use images of notable buildings or whatever in areas which most people on the planet cannot have access would probably be OK since it wasn't very possible that someone would be able to visit them and take free pictures (Granted, we do have some free pictures of Pyongyang subway stops and such). There are a few other such articles (ironically, even though there are less extant photos of Thomas Pynchon, one of them is his US Navy ID photo, which meant we could use a free image) where a person where we have reliable sources indicating they avoid being photographed is visually idenitified with a fair-use image (I'm not going to list them because then Damiens will try to delete them because they're not "transformative", and I don't need the extra work defending the perfectly defensible).

Since I brought up Pynchon, I must point to a crucial difference between his career and Salinger's (assuming they weren't the same person, as one theory has it :-)) is that while Pynchon has been reclusive for his entire public career, with no public appearances whatsoever and thus no photos of him since his early 20s when he wasn't a published author, Salinger only became one in the mid-1950s, after the Jacobi portraits were taken. They were widely used on book jackets and in newspaper and magazine articles for years. The New York Times used one to illustrate his obituary, as did many other publications online and off. I doubt any serious commercial value could be obtained from them anymore.

On the other hand, there are maybe two pictures that I know of taken since then, this one shows him fending off someone who shot his image from a car, probably the last good one, and an earlier picture used on the cover of his daughter's memoir. Those, IMO, have value that we would have to respect and could not be used in articles without a good reason (as, indeed, the book cover is in the main Salinger article, although frankly we should have a separate article about the book and use it only there). I would argue that, as a Google search shows heavy reuse of the Jacobi images, the one we used in particular (which was why I picked it out), that has become sort of iconic in the half-century since. For a couple of generations, it was Salinger (and if I were him, yeah, I'd prefer everyone to think I always looked that good). Daniel Case (talk) 19:12, 30 January 2010 (UTC)[reply]

Short answer: Nobody is arguing this image is replaceable. --Damiens.rf 19:58, 30 January 2010 (UTC)[reply]
No, and no one said you were. At least not me. But you have been arguing that replaceability means jack squat, as if FUC #2 trumped FUC #1 (which uses the word "replace" twice). Daniel Case (talk) 06:18, 31 January 2010 (UTC)[reply]
Sorry but I think you're the one confused. I understand fairly well the issues when it comes to living people and replacability and have been a strong proponent of them but they aren't what I'm talking about. I thought I made it clear in my originall comment, and let me make it clear now that is not what I'm talking about. I'm talking about commercial media images, not necessarily of living or dead people but for example commercial media images of past events, say an air crash. In such cases replacability may come in to it, but realisticly if the air crash was in 1990, and someone has actively sought out and asked people if they would release images under a free license and been denied, the issue of replacibility doesn't come into to (except as related to whether we actually need the image to illustrate the even in question i.e. whether it is essential to the encylopaedic purpose and adds information the text can't convey).
The big issue that comes in to it is that such images clearly have a strong commercial interest, as even the single image could easily be highly valuable and likely actively licensed to those producing articles on the even, and even a low resolution version could easily compete with the market role of the image. This compares with say the a screenshot from a movie or the cover page of a book or the coverart of a CD where it's unlikely our use will compete with any commercial interest. It also compares to a photo released by some organisation for the purpose of redistribution, say the image of a missing person released by the family where there's clearly little competition with any commercial interest. I apologise for the bold text, but I get frustrated when people completely ignore my point and go off on a very long and very wild tangent.
P.S. To use an example of what I'm talking about, File:TrangBang.jpg is the common example here of an image we would not normally allow (okay we have permission but let's ignore that) as we could be easily seen as competing with the market role except that the image itself is so famous as to be worth of commentary. I see we even have Template:Non-free historic image which seems to further illustrate my point.
P.P.S. I thought there was something in NFCC which made the point I tried to make above. I found it now. Wikipedia:NFC#UUI "A photo from a press agency (e.g., AP), unless the photo itself is the subject of sourced commentary in the article." This concurs with my earlier believe that we rarely allow commercial media photos (by which I basically meant the same thing) unless they are iconic (okay slightly wrong here since it only requires source commentary which arguably doesn't necessarily make the photo iconic). While a reason is not given, it remains my belief that the reason is because such photos have a strong commercial interest and we are likely to be competing with the market role no matter what the resolution
Nil Einne (talk) 18:55, 31 January 2010 (UTC)[reply]
First, it isn't a press agency photo, it was one commissioned by the publisher for the back of the book. OK, distinction without a difference, perhaps. Still, note that you said rarely, not never. One of the exceptions that we agreed on several years ago was in the case of notably camera-shy individuals ... with Salinger often cited as the most obvious example. Daniel Case (talk) 20:44, 31 January 2010 (UTC)[reply]
Recluses are an exception to the Wikipedia policy of replaceability, not an exception to the law. Wikimedia Foundation is subject to the laws of the United States of America. Even if our exemption doctrine policy were "all fair use all the time, as long as it's legal and it's not text" as it effectively was in WP's early years, that still wouldn't give us the right to use images beyond what 17 USC 107 allows, and others have expressed concern that the fourth factor does not act in our favor. --Damian Yerrick (talk | stalk) 21:07, 31 January 2010 (UTC)[reply]
As I have said many times, the FUC are intentionally drawn more narrowly than the legal scope of fair use so that we may "promote" free content. Daniel Case (talk) 04:21, 1 February 2010 (UTC)[reply]
Tentative summary by Blargh29[edit]
My disagreement is with an exceedingly narrow interpretation of policy, not (in this case) the policy itself (although, to be fair, one of my original complaints was that it the policy was so vague, almost deliberately so, as to invite this sort of attempt to define it haphazardly through deletion noms, rather than a prior consensus as I tried to do. Either that, or the framers of the free-image policy were incredibly naïve as to not suspect this would happen. Actually, IMO, it was a combination of both). Daniel Case (talk) 20:44, 31 January 2010 (UTC)[reply]
In other words, you couldn't even if you had access to the queue. I'm sorry, I'm not assenting to a deletion of an image based on secret evidence that I can't evaluate. Haven't people staged revolutions over the years against that sort of thing? Daniel Case (talk) 19:16, 30 January 2010 (UTC)[reply]
WP:NFCC#2 is not "secret evidence". --Damiens.rf 19:58, 30 January 2010 (UTC)[reply]
Uh, you're not understanding here. FUC #2 is the policy basis on which you are calling for the image to be deleted. After a solid run of keep votes, suddenly, deus ex machina, there was this OTRS complaint. But it is entirely possible that the complaint could be addressed without deleting the image. It's "secret evidence" in that no one can assess this without seeing the substance of the complaint, and I don't think that a communication from outside Wikipedia that is kept confidential from the community (which I don't disagree with, in general) should be the basis for a community decision on its own. Daniel Case (talk) 00:23, 31 January 2010 (UTC)[reply]
I don't understand your argument. Why do your think our use of this photo qualifies as fair use? Because it's rare? --Damiens.rf 00:09, 31 January 2010 (UTC)[reply]
Because 1. The famous man was reclusive. I don't know where you are from but here in New Hampshire the name Salinger is synonymous with recluse. 2. And now he is dead. 3. it is apparent that that there is no free alternative. "Fair use" was designed to allow the public access to publication/images etc. that would otherwise be kept private by those seeking a profit. —Preceding unsigned comment added by Dorothybrousseau (talkcontribs) 00:21, 31 January 2010 (UTC) --DorothyBrousseau (talk) 00:38, 31 January 2010 (UTC)[reply]
No, that was not what fair use was designed to. Now I understand your misguiding. --Damiens.rf 03:41, 31 January 2010 (UTC)[reply]
Again, you are confusing the legal extent of fair use with the Wikipedia definition. Daniel Case (talk) 06:18, 31 January 2010 (UTC)[reply]
Are you serious? —David Levy 02:07, 31 January 2010 (UTC)[reply]
If we can create original text by taking the ideas from reliable sources and putting them in our own words, and we create original diagrams by taking the ideas from reliable sources and putting them into Inkscape, we can create original facial composites of novelists by taking the facial features from photos and sketching them in our own hand. --Damian Yerrick (talk | stalk) 02:25, 31 January 2010 (UTC)[reply]
Again, are you serious? If you don't provide a straightforward response, I'll assume that you aren't. —David Levy 02:44, 31 January 2010 (UTC)[reply]
I guess he wants the image to be kept and used a deliberately week keep argument. The point is that "keepers" will point the shortcomings of his argument and this will created a false impression of "keepers" having a better point in the overall discussion. --Damiens.rf 03:41, 31 January 2010 (UTC)[reply]
To me, it seems more likely that he's simply being sarcastic and doesn't expect to be taken seriously.
Regardless, this has no bearing on the other "delete" arguments, and I (one of the "keepers") am questioning Damian Yerrick's sincerity specifically because I have no interest in attacking a straw man. —David Levy 04:00, 31 January 2010 (UTC)[reply]
So now Damiens is having problems assuming good faith on his opponents' part too. It's a clever conspiracy! Daniel Case (talk) 06:18, 31 January 2010 (UTC)[reply]
Yes, I'm serious. Non-free text is generally deemed replaceable with free text unless it is a short quotation whose exact wording is the subject of comment in the article. In fact, I've seen images deleted because the images are replaceable with text. Every image is supposed to have an accessible description that conveys the same information to a person whose user agent or disability doesn't support images, and these descriptions need to be free. Case in point: screenshots of video game emulators that don't show unique user interface only serve to show that "X game runs perfectly or near perfectly in Y emulator." (See TFD discussion from March 2009.) And non-free maps are deemed replaceable with free maps created by a Commonist. So why isn't a non-free portrait in an infobox replaceable with a free sketch in the same sense that a non-free map is replaceable? Sure, using non-free promo photos to show what a deceased person looks like is common practice on Wikipedia, but playing fast and loose with fair use also was once common practice a few years ago before we started using explicit rationales. --Damian Yerrick (talk | stalk) 14:43, 31 January 2010 (UTC)[reply]
Text is never a valid criteria when determining replaceability of an image. This is by far the most ridiculous assertion ever seen in an XfD. Tarc (talk) 15:20, 31 January 2010 (UTC)[reply]
Please allow me to quote NFCC #1: "As a quick test, before adding non-free content requiring a rationale, ask yourself: [...] 'Could the subject be adequately conveyed by text without using the non-free content at all?'" If an article contains a description in sufficient detail to allow a police sketch artist to draw an accurate composite, the person's appearance has "be[en] adequately conveyed by text". --Damian Yerrick (talk | stalk) 17:07, 31 January 2010 (UTC)[reply]
A game argument, but ... we tried this back when this policy was first instituted and the best that happened was that someone managed to make Jean-Paul Sartre look like a drunk. The problem is that most sketches, especially of someone like Salinger for whom photos were rare after a certain point in his life, would necessarily be based on the photographs, and I don't see how you could do it without the sketches being a derivative work and thus not free images. IIRC we deleted a bunch of other attempts because they looked too much like the copyrighted images they were based on. (However, while it wouldn't work in the instant case, it seems to me there are enough instances where someone has multiple images of themselves out there where aspects of those images could be cleverly combined and new elements introduced by someone skillful enough with image-editing software that the resulting photo illustration would clearly cross the threshold of originality and be licensable as a free image. Just an idea ...). Daniel Case (talk) 16:29, 31 January 2010 (UTC)[reply]
Copying a work requires access to that work. If one person makes the description and someone else makes the sketch without reference to the original photo, that's called clean-room reverse engineering. --Damian Yerrick (talk | stalk) 17:07, 31 January 2010 (UTC)[reply]

(outdent) Human faces aren't computer code. The efforts of police sketch artists notwithstanding (and there are many instances where the sketch proved wildly off when the suspect was finally apprehended — Ted Kaczynski, David Berkowitz, to name a few — Wikipedia deserves better. And can you be sure you'd find someone who can honestly say they'd have no idea what Salinger looks like, and can sketch decently? I think, at least, almost every American of a certain age has seen his picture, even if they don't remember doing so. Daniel Case (talk) 20:44, 31 January 2010 (UTC)[reply]

If human faces aren't representable as computer code, please explain how a facial recognition system works. And if almost every American has seen his picture, get a Brit or an Irish or a South African or an Australian or a New Zealander, or even an Old Zeelander or someone else whose native language isn't English, to do the sketch. --Damian Yerrick (talk | stalk) 21:07, 31 January 2010 (UTC)[reply]
"Face recognition is not perfect and struggles to perform under certain conditions ... Critics of the technology complain that the London Borough of Newham scheme has, as of 2004, never recognized a single criminal, despite several criminals in the system's database living in the Borough and the system having been running for several years." You were saying? Something about "works"?

Look, I write a lot of articles about buildings. Almost every one includes as detailed a sourced description of the building as I could get. But they have photos too; I would trust neither a computer nor a person to depict the building accurately based only on an even more detailed written description than I currently write. Daniel Case (talk) 04:01, 1 February 2010 (UTC)[reply]

Buildings are subject to freedom of panorama, even in the United States where sculptures aren't. --Damian Yerrick (talk | stalk) 19:51, 1 February 2010 (UTC)[reply]
Huh? Freedom of panorama has nothing to do with this. You missed my point, which was serious doubt that existing or even potential technology could do any better than humans do (or don't) at replicating human or even architectural appearance based on a textual description, which would be why we rejected the idea of subbing our own free sketches for fair-use photos a long time ago and why I doubt your Chinese-wall idea would ever work. Which makes a greater case for the irreplaceability of the image, which is what that argument you were attempting to make goes to.

I'd like to see you write a description of Salinger, right here, right now, that you think could produce an equivalent sketch from someone who'd never seen an image of him. Daniel Case (talk) 04:55, 2 February 2010 (UTC)[reply]

Question: Damiens, In your opinion has there ever been a case in which a copyrighted photo of a person did qualify to be included on wikipedia under the fair use doctrine? If so, can you tell me what it is? Because,like I said, I cannot see how anything ever would if this picture does not.--DorothyBrousseau (talk) 07:10, 31 January 2010 (UTC)[reply]

"[T]he subject himself had used [them] for promotional purposes during their life". Hmm ... Salinger, or his publisher, had those pictures taken for book covers, and they were used for years in newspaper and magazine articles, even after he went into seclusion, to illustrate articles about him, as his books continued to be published and he continued to cash the royalty checks. Seems like there's a strong argument to be made that they were used promotionally. Daniel Case (talk) 16:54, 31 January 2010 (UTC)[reply]
That cat went out of the bag a long time ago. Digital versions of this image, scanned off book covers or scraped from online news stories, have been all over the Internet since before Wikipedia existed. If the rights holder really thinks they can make money off it, they're living in cloudcuckooland. Just because someone makes a complaint (especially one we can't review) does not mean that its valid we have to bend over backward to please them. If Wikipedia was run the way the delete voters seem to think it should be, all our articles on Chinese subjects in any language would simply regurgitate the party line. Daniel Case (talk) 16:54, 31 January 2010 (UTC)[reply]
I thought we already did this? Daniel Case (talk) 16:54, 31 January 2010 (UTC)[reply]
I did reduce it to 100x140, but I got reverted. --Damian Yerrick (talk | stalk) 17:13, 31 January 2010 (UTC)[reply]
That resize was a bit excessive; The (rarely used, and hopefully soon-to-be former) default thumbnail size is after-all 180px. Rami R 17:32, 31 January 2010 (UTC)[reply]
I have used that to cast doubt on whether the image has (assuming it's still copyrighted, which Ruhrfisch's research has suggested otherwise) any realistic commercial potential. Yes, I'm certainly aware that other websites use of the image does not legitimize it for us. But part of the reason for using fair use images at a reduced resolution (which makes it unattractive for print usage) is that there is some legal precedent for using resolution in this manner. We, at one point in time I think, had some contributors who uploaded lo-res free versions of their work while keeping high-res versions on their hard drives under full copyright for licensing. That is perfectly OK. Daniel Case (talk) 20:44, 31 January 2010 (UTC)[reply]
Use of an image of a person for visual identification of anyone is within legal fair use. Daniel Case (talk) 20:44, 31 January 2010 (UTC)[reply]
Post-factum tentative arbitrary section break[edit]
But I think the justification for fair use on other images of Salinger, such as the one I linked above, would be harder (unless, á la Pynchon, someone found a photo of him taken in an official capacity while he was in the Army, which would of course be PD). I also can't imagine what case the rights holder (if indeed there are any rights to hold, which we have strong doubt based on the lack of evidence that they were renewed after 1978 as noted by Ruhrfisch above) would have that this detracts from commercial reuse based on current case law: it is at a reduced resolution that makes it more or less unusable for effective reuse in print, there are no ads on the page nor are there ever likely to be, and it is published with the copyright holder properly credited and an explicit fair use rationale. That's more than you get out of any other republisher.

As others, even those supporting deletion, have noted regarding any legal issues, if those require deletion then it will be done at the Office level regardless of the outcome of this FfD, so we should not consider it relevant that there is an OTRS complaint on this, especially as we cannot review it (and those who could cannot discuss the specifics) and do not know what the substance of it is. This discussion should stick to the FUC as its controlling authority.

I would argue that the image is historically important, precisely because Salinger had no more photographs taken with his permission for public circulation for the rest of his life and, concomitant with his apparent decision not to publish any more work after 1965 nor give interviews after 1980, became him for practical purposes. This issue of AB Bookman's weekly makes a similar point ... Jacobi's photos (there were several) are the only ones publicly circulating. Consider that before I found the first version of this image and uploaded it, Salinger's appearance in the infobox was depicted by the cover of Dream Catcher, with his young daughter in the foreground, a use which I consider less justifiable, not least because the FUC have been interpreted as saying that cover art can't be used for identification purposes save for a case (currently, purely hypothetical) where the cover art would be the only known image of a person. That's not even true here.

There is one circumstance under which I would agree we should delete this, though: if it turned out that the image was still copyrighted and that the request was being made by Salinger's family or at their behest to the copyright holder per some expressed wish of Salinger's to suppress all images of him. I know moral rights don't exist in American copyright law to the degree they do in Europe, but precisely for that reason if they are expressed informally in regards to a copyrighted work, some consideration should be given. In the case of Tomoko Uemura in Her Bath, I agreed we should not publish it due to the apparent desire of the Uemura family, who inherited the copyright from the photographer's wife at her express intent, to suppress it to the extent possible. But only under similar circumstances here, which I don't think exist, would I follow that same reasoning. Daniel Case (talk) 18:24, 1 February 2010 (UTC)[reply]

Apples and oranges. A pair of jeans does have commercial value in and of itself. Can't you just address the issue on its own merits, without resorting to hyperbole? Kafziel Complaint Department 00:55, 2 February 2010 (UTC)[reply]
First, Damiens, we don't do "with-permission" images anymore; haven't since 2005-05-19. Second, the way I read the Jacobi page, the "you have to negotiate" clause applies only to her Einstein photos, which it explicitly says are for viewing only. If it applied to the Salinger photos, then the AP, which used one of them as a file photo for years, would have had to facilitate its use every time one of its member media organizations used it. Third, even if it is under that restriction, it cannot override fair use, which legally all our fair-use images fall under whether they meet our internal criteria or not. Fourth, you have opened the door to that counterargument by simply asserting FUC 2 with little in the way of support for its application in a situation where all the other criteria are doubtless met (so you have effectively stipulated).

Imagine this were an AfD in which it was alleged that, despite the use of two cited instances of non-trivial coverage in reliable independent published sources, you were nevertheless beating the drums for deletion on the grounds that the subject of the article was nevertheless not notable (This is, of course, an entirely plausible argument to make although I have not yet seen it in practice). I think you'd agree that if we were to override the satisfaction of our own objectively-defined criteria in favor of a judgement that a subjectively-defined one had not been met, you'd need some pretty strong arguments to make to convince keep voters otherwise. You are in the same situation here.

The only argument I have seen to support FUC 2 is that the image is "rare". However, that conflates the fact that while images of Salinger are "rare" due to his reclusivity for most of his adult life, the series of images from which this was taken is not rare and indeed circulated widely, with no apparent objection raised by Jacobi, Salinger or UNH that we know of during his lifetime. An image of Salinger from later in his life which had not previously been published, or circulated widely, would be rare enough that at this point we could plausibly protect its market value by deleting our copy. But it does not follow that because Salinger declined to have any other official portraits taken that any images of him are "rare".

Your post did provide a useful link to the UNH page, and I have written to the contact there to see if she can shed any light on whether the copyright on the Salinger pictures was renewed at some point prior to UNH taking possession of them in 1981. Thank you, at least, for that. Daniel Case (talk) 16:53, 3 February 2010 (UTC)[reply]

This has been explained above. Has it? The only "explanation" I found is the highly dubious hyperbole about the Lotte Jacobi Collection selling rights for the use of thumbnails (or not much larger images) on web pages. The only official commercial use of this image in 60 years has been illustrating the subject on a book sleeve (AFAIK). So no, my analogy is far from nonsense. Book and album cover artwork has been published and sold separately in numerous publications. — Yerpo Eh? 07:16, 4 February 2010 (UTC)[reply]
In addition to its (actually rather limited, at Salinger's request) use on the book sleeve, the Jacobi images were used as media file photos, reprinted almost routinely to illustrate any story about Salinger. Daniel Case (talk) 14:53, 4 February 2010 (UTC)[reply]
The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

File:Elaine May on location during Ishtar.jpg

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: Delete; deleted by Fastily (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) AnomieBOT 02:02, 6 February 2010 (UTC)[reply]

File:Elaine May on location during Ishtar.jpg (delete | talk | history | logs) – uploaded by Daniel Case (notify | contribs | uploads).
Again, read the text next to the image: "She suffered from toothaches which she refused to have treated locally, and took extensive measures to shelter herself from the harsh sun, not only spending much of her time under a large parasol but wearing large sunglasses and wrapping her face in a white gauze veil, to the point that her appearance was compared to a Star Wars stormtrooper". That last bit is sourced. If I read that in an article, I want to actually see that. Daniel Case (talk) 21:55, 28 January 2010 (UTC)[reply]
I don't think this is enough reason to use non-free content on Wikipedia, let alone a defensible reason to ignore the author's rights on this photo. --Damiens.rf 03:22, 29 January 2010 (UTC)[reply]
It enhances the reader's understanding of the accompanying text. May was physically uncomfortable during the shoot in Morocco; this contributed to her general unease and adversely affected her relationship with Beatty, and the film. This is sourced and documented in the article. As for the author's rights, this is a small crop in on May's face from a much larger photo that showed her, Beatty, Hoffman and someone else. If I were as negligent in that department as you have seem to have suggested by targeting several of my recent uploads for borderline claims of FUC failure, I would have used the whole photo. Daniel Case (talk) 04:17, 29 January 2010 (UTC)[reply]
That argument would be more convincing if the caption actually tied the image to the text, rather than just saying "May in Morocco" or whatever it does. J Milburn (talk) 12:20, 29 January 2010 (UTC)[reply]
 Done. Thanks for pointing that out. I also took the time to write an alt-text as well. (Oh, damiens, I can't help but point out that the copyright holder in this instance (assuming it's the photographer) is a she, as the image description makes clear). Daniel Case (talk) 18:16, 29 January 2010 (UTC)[reply]
You're creating a Frankenstein's Monster article, by giving too much coverage for a barely relevant fact, just to justify the use of a non-free image. In any case, your text just make us "want" the image. And contrary to your believe, "wanting" is not a valid fair use defense. Vanity fair produced this image to show how the actress needed to use sunglasses and a veil on that occasion. There's nothing transformative when we use their image to how the actress needed to use sunglasses and a veil. That the image is helpful for us, it doesn't follows it's fair use to use it. --Damiens.rf 19:00, 29 January 2010 (UTC)[reply]
Vanity Fair didn't "produce" that image ... they reprinted one already taken during the original production. May wasn't an actress; she was the film's director. If you want me to take your arguments seriously, at least get the underlying facts straight. And stop using "transformative" all the time ... the word doesn't appear once in WP:FUC. Daniel Case (talk) 05:39, 30 January 2010 (UTC)[reply]
Methinks you need to read fair use. This is a very relevant aspect of U.S. fair use law. - Tbsdy (formerly Ta bu shi da yu) talk 05:31, 5 February 2010 (UTC)[reply]
They paid photographer Brigitte_Lacombe for use of the image. Oh, and being a movie director instead of an actress is of the utmost relevance for the argument. Right. --Damiens.rf 00:13, 31 January 2010 (UTC)[reply]
Do we necessarily know that they paid her? They could have just asked, you know. And please lay off the sarcasm, it ill becomes you. Daniel Case (talk) 00:25, 31 January 2010 (UTC)[reply]
What is with this sudden focus on FUC 2? As I noted above, that provision was mainly intended to be used to eliminate photos scraped from news websites during breaking news events that might otherwise be edited and presented in conformity with the requirements of FUC. A great deal of the licensing revenue from an image usually comes within a few years of its creation. I can't, under this reading, imagine a single fair-use image here that would not potentially be a source of revenue. Why don't we get rid of "Raising the Flag on Iwo Jima" then? I'm sure the AP and/or Joe Rosenthal's estate still make a little coin from it. We ought not to stand in their way.

And what about all those photos that were CC from Flickr when someone here found them but have since been restored by their uploaders to full copyright (as they can under CC), like another photo I found (and improved) of another recently-deceased celebrity? Surely the original authors restored full copyright because they were just waiting for the bucks/quid/euros to roll in? Whoa, get out of the way ... Daniel Case (talk) 04:39, 1 February 2010 (UTC)[reply]

It may have been intended to address a proximate issue such as you note (I have not read much of the history behind the NFC debates). An argument that when a story is no longer in the current news, the image has no value so we can use it would astound the photographers I know. Many here are aware why we have the Iwo Jima picture - the article is about the picture itself and it has been deemed that this particular (and some similar) uses are acceptable. I cannot see that this image increases reader's understanding significantly enough for us to ignore the commercial considerations. The article is about the film, not her, and this image is being used to illustrate a (sourced) aside. The text alone is sufficient to convey the information - Peripitus (Talk) 05:06, 1 February 2010 (UTC)[reply]
Indeed the issue of the "Raising the Flag on Iwo Jima" is specifically raised at Wikipedia:Non-free content and an explanation offered on why it's allowed. The rationale for allowing that doesn't seem particularly relevant here.
And I don't particularly understand the CC issue that was raised. The CC doesn't allow you to 'restore full copyright' anymore then nearly every other license. Provided you retained full copyright in the first place, which you usually do unless you release the image into the public domain or release all rights then there's nothing to restore (and you can't generally restore copyright anyway) since you never gave up your original copyright. However if you have given a perpetual license for people to use your copyright under a specific license, then people are entilted to use your content under that license (i.e. as long as they obey it) and you cannot deny them that right, not with the CC or any other free license. Flickr does allow people to stop licensing their content under the CC on Flickr, but that has nothing to do with the CC license and you could do it with the GFDL or nearly every single other license and is the choice of Flickr made for commercial/popularity reasons (it's generally accepted they legally don't have to honour such requests coming from the copyright holder who consciously released the content under a free license). Even we including on the commons do occasionally allow deletion of images released under a free license for a variety of reasons.
However none of this is relevant to the discussion here. It doesn't matter how much people may want to profit from their content, anyone including commercials entities are legally allowed to use the image under the license the copyright holder released it under and the copyright holder can't do didly squat since they choose to released the content under a free license in the past and have therefore granted irrevocable permission to use their copyrighted content under that license. However fair use is an exception which allows us to use copyrighted content without the permission of the copyright holder under certain certain circumstances (and we limit those circumstances further with NFCC#2) but we are legally limited in our ability to do so when are competing with the market role of the content (whether or not you agree that applies here is irrelevant to the point)
Nil Einne (talk) 11:19, 1 February 2010 (UTC)[reply]
I'm just saying that I think simply shouting "FUC 2! FUC 2!" in a sort of IAR-ish way is dogmatic and contemptuous. If other people think this image doesn't satsify FUC 8, fine, I'll consider that a legitimate claim to make, will argue about it, and will accept community consensus in favor of deletion. But until this I have never seen old images, i.e. those more than a decade or so, claimed to detract from commercial opportunities for the original license holder when they have otherwise been published in compliance with the fair-use criteria. I repeat that this is an overbroad interpretation of FUC 2 in my opinion.

And as for CC, I believe section 7 does delimit the terms under which a downstream user can have the license revoked, and state that the original work can be withdrawn and republished under different licensing terms later (which is why we have Flickr reviewers on Commons verifying the work's availability on Flickr at the original date of upload). It is entirely possible that a decision to withdraw and republish under more restrictive terms could be seen as a desire to make money off the image, and only the CC license terms allow us to ignore FUC 2 if that were the copyright holder's explicitly stated intent. Daniel Case (talk) 17:48, 1 February 2010 (UTC)[reply]

The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

File:November 1988 Vogue cover.jpg

The following discussion is an archived debate of the proposed deletion of the media below. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.

The result of the discussion was: keep, consensus is that it meets fair use criteria. - Tbsdy (formerly Ta bu shi da yu) talk 07:25, 5 February 2010 (UTC)[reply]

File:November 1988 Vogue cover.jpg (delete | talk | history | logs) – uploaded by Daniel Case (notify | contribs | uploads).
True, but in the past I have found that a fair amount of fair-use images sometimes just need a more tightly written rationale. In this case I had wanted the photo in the article for a long time, making its inclusion one of my not-yet-finished must-dos before an FA nom, and was ecstatic when I found it was indeed online last fall. I thought the text I had written already more than justified it, since I have written a number of fair use rationales and I am especially aware that you need a lot to justify the use of a magazine cover in an article other than one about the magazine. So, you can imagine, I was not happy when I found that someone who, having decided to nominate one image of mine for deletion, then seeming to go through my recent history of image uploads here (i.e., those requiring fair use rationales) looking for other targets of opportunity and then nominating this one for deletion on what seemed like a deliberate minimization of the text I'd carefully written with an eye toward eventually including the image. I apologize. Daniel Case (talk) 04:29, 1 February 2010 (UTC)[reply]
Thanks for appreciating what I was trying to do. (For another good example of a cover used within the FUC outside of the article about the magazine, see Larry Csonka). Daniel Case (talk) 17:50, 1 February 2010 (UTC)[reply]
The slipperly slope is roughened with the application of some shop bought NFCC#3a grit - Peripitus (Talk) 21:10, 1 February 2010 (UTC)[reply]
  • No, it isn't. If we allow this image, why not all the other covers? There's no reason not to. Have at it! Add all of them. --Hammersoft (talk) 03:28, 2 February 2010 (UTC)[reply]
If this is really your argument, try to have the FUC changed. I doubt you'll get very far with that though. As for sources, read the article, I reprinted the graf in question on the assumption that people would also read the article and check the sources there. It doesn't use the word "iconic"; does every such usage have to have a sourced reference using that word? It is discussed as an important change in Vogue's cover shot philosophy. As for the other covers, this one has received more critical attention (it was, after all, Wintour's first) and therefore it was the most encylopedic of all of them and the one with the most supporting commentary available. I sort of thought people would understand this. Some did, not all apparently. Daniel Case (talk) 04:20, 2 February 2010 (UTC)[reply]
  • No, it's not really my argument. I just pulled something out of the air just for fun and giggles and thought I'd waste everybody's time posting here. <shaking head in disbelief> --Hammersoft (talk) 13:57, 2 February 2010 (UTC)[reply]
The above discussion is preserved as an archive of the debate. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the media's talk page or in a deletion review). No further edits should be made to this section.