Wikipedia:Non-free content criteria

For the full fair use policy (including these criteria) see Wikipedia:Fair use.

The primary goal of Wikipedia's fair use policy is to protect our mission of producing and distributing free content which is perpetually free for unlimited distribution, modification, and application for all users and in all mediums. This goal could best be met by completely disallowing all content which is not free content; however, we understand that in order to completely meet the second part of our mission, producing a quality encyclopedia, we must permit some non-free material for critical commentary. Thus the authors of the English Wikipedia have decided to permit a limited compromise which is outlined in this policy. Most popular non-English Wikipedias do not permit unfree images at all.

Copyrighted material lacking a free licence such as GFDL may be used on the English-language Wikipedia under fair use if the following criteria are met. These criteria are based around the four fair use factors, the goal of creating a free encyclopedia, and the desire to avoid unnecessary legal exposure.

Any non-free media used on Wikipedia must meet all of these criteria:

1. No free equivalent is available or could be created that would adequately give the same information. If unfree material can be transformed into free material, it should be done instead of using a "fair use" defense. For example, the information in a newspaper article can easily be used as a basis of an original article and then cited as a reference. Maps and diagrams can often be redrawn from original sources, though simply "tracing" copyrighted material does not make it free. Neither photographs nor sound clips, however, can usually be "transformed" in this way. However, if the subject of the photograph still exists, a free photograph could be taken.
   • Always use a more free equivalent (or near equivalent) if one is available. Such images can often be used more readily outside the U.S. If you see a fair use image and know of an alternative more free equivalent, please replace it, so the Wikipedia can become as free as possible. Eventually we may have a way to identify images as more restricted than GFDL on the article pages, to make the desire for a more free image more obvious.
2. The material must not be used in a manner that would likely replace the original market role of the original copyrighted media; our use of copyrighted material should not make it so that one no longer needs to purchase the actual product. Large copyrighted photographs from agencies that make their income selling photographs, for example, would likely not be "fair use" as it would be undermining the ability of the copyright holder to make money from their work.
3. The amount of copyrighted work used should be as little as possible. Low-resolution images should be used instead of high-resolution images (especially images that are so high-resolution that they could be used for piracy). Do not use multiple images or media clips if one will serve the purpose adequately.
4. The material must have previously been published.
5. The material must be encyclopedic and otherwise meet general Wikipedia content requirements.
6. The material must meet the media-specific policy requirements.
7. The material must be used in at least one article.
8. The material must contribute significantly to the article (e.g. identify the subject of an article, or specifically illustrate relevant points or sections within the text) and must not serve a purely decorative purpose.
9. Fair use images may be used only in the article namespace. Used outside article space, they are not covered under the fair use doctrine. They should never be used on templates (including stub templates and navigation boxes) or on user pages. They should be linked, not inlined, from talk pages when they are the topic of discussion. This is because it is the policy of the Wikimedia Foundation to allow an unfree image only if no free alternative exists and only if it significantly improves the article it is included on. All other uses, even if legal under the fair use clauses of copyright law, should be avoided to keep the use of unfree images to a minimum. Exceptions can be made on a case-by-case basis if there is a broad consensus that doing so is necessary to the goal of creating a free encyclopedia (like the templates used as part of the Main Page).
10. The image or media description page must contain:
    • Proper attribution of the source of the material, and attribution of the copyright holder (if it is different).
    • An appropriate fair use tag indicating which Wikipedia policy provision permitting the use is claimed. A list of image tags can be found on the Wikipedia:Image_copyright_tags#Fair_use page.
    • For each article for which fair use is claimed, the name of the article and a "fair use rationale" as explained in Wikipedia:Image description page. The rationale must be presented in a manner that can be clearly understood and which is relevant to the article in question.

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

Non-compliance

Images which do not comply with this policy within 48 hours of the editor who uploaded the image being notified will be deleted. This is because fair use can be, and has been, applied incorrectly to images. The editor who uploaded the image should explain and provide evidence of how fair use applies to the image (though anyone can provide an explanation) and make every attempt to comply with Wikipedia's fair use policies. In addition, the Special:Upload page is very specific about our image upload conditions. If an image on which fair use is claimed is not in use for an article it may be deleted immediately.

Exceptions

Images which have been uploaded before 13 July 2006 may not be immediately deleted. The editor should be alerted as to the problem with the image and will be given 7 days to comply with this policy. After this date the image will then be deleted without further warning if corrective action is not taken.