User:Chris Key/Sandbox/Fair Use

There is no automatic entitlement to use non-free content in an article or elsewhere on Citizendium. Articles and other Citizendium pages may, in accordance with the guideline, use brief verbatim textual excerpts from copyrighted media, properly attributed or cited to its original source or author, and specifically indicated as direct quotations via quotation marks,, or a similar method. Other non-free content—including all copyrighted images, audio and video clips, and other media files that lack a free content license—may be used on Citizendium only where all 9 of the following criteria are met.


 * 1) No free equivalent. Non-free content is used only where no free equivalent is available, or could be created, that would serve the same encyclopedic purpose. Where possible, non-free content is transformed into free material instead of using a fair-use defense, or replaced with a freer alternative if one of acceptable quality is available; "acceptable quality" means a quality sufficient to serve the encyclopedic purpose. (As a quick test, before adding non-free content requiring a rationale, 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.)
 * 2) Respect for commercial opportunities. Non-free content is not used in a manner that is likely to replace the original market role of the original copyrighted media.
 * 3) Minimal usage. Multiple items of non-free content are not used if one item can convey equivalent significant information.Minimal extent of use. An entire work is not used if a portion will suffice. Low- rather than high-resolution/fidelity/bit rate is used (especially where the original could be used for deliberate copyright infringement). This rule also applies to the copy in the Image: namespace.
 * 4) Previous publication. Non-free content must have been published or publicly displayed outside Citizendium.
 * 5) Content. Non-free content meets general Citizendium content standards and is encyclopedic.
 * 6) One-article minimum. Non-free content is used in at least one article.
 * 7) Contextual significance. Non-free content is used only if its presence would significantly increase readers' understanding of the topic, and its omission would be detrimental to that understanding.
 * 8) Restrictions on location. Non-free content is allowed only in articles (not disambiguation pages or subpages), and only in mainspace.
 * 9) Image description page. The image or media description page contains the following: Identification of the source of the material, supplemented, where possible, with information about the artist, publisher and copyright holder. A copyright tag from this page that indicates which fair use provision claimed to permit the use. (Thats currently a link to WP but if this idea goes forward it can be copied over and modified as necessary as well as all the templates). 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 below. The rationale is presented in clear, plain language and is relevant to each use.

Fair use rationale
Criteria 9c requires that a fair use rationale be provided for each article that an image is used on. A well-written use rationale must explain how the use of these media meets the 9 criteria above and should state:
 * What proportion of the copyrighted work is used and to what degree does it compete with the copyright holder's usage? For example, if the image is a photograph or logo, the entire work is likely being used.  A screenshot that reveals the most important discovery of a documentary or the ending of a movie, for example, though a very small portion of the work, may disproportionately compete with the copyright holder's use. In the case of a music sample, the length should be no longer than 10 percent of the song's original length or 30 seconds, whichever is shorter.
 * If applicable, has the resolution been reduced from the original? In the case of music samples, has the quality been reduced from the original?
 * What purpose does the image serve in the article? If applicable:
 * Is the image a logo, photograph, or box art for the main subject of the article?
 * Is the image being used as the primary means of visual identification of the subject or topic? (e.g., a corporate logo or the box art of a DVD)
 * Does it illustrate the topic of the article? (e.g., a screen shot from a movie)
 * Is it used for commentary on a particular topic? How?
 * To what degree is the image replaceable by a free content image?
 * If the image is a screenshot of a movie that is used for an article about the movie, or a corporate logo, there is obviously no such thing as a "free" version of it - all of the resources in the world could not produce one. If, on the other hand, the image is a photograph, the image is more easily replaced, even if Citizens may lack the resources to create a replacement.
 * Any other information necessary to assist others in determining whether the use of this image qualifies for fair use.

Enforcement

 * A file with a valid fair use rationale for some (but not all) articles it is used in will not be deleted. Instead, the file should be removed from the articles for which it lacks a fair use rationale, or a suitable rationale added.
 * A file on which fair use is claimed that is not used in any article will be deleted 48 hours after notifying the uploader. Any Citizen may request this using the speedy delete template.
 * A file in use in an article that does not comply with this policy should be reported to the Constabulary, who will contact the uploader and place a message on the talk page of any article the image is used in. To avoid deletion, the uploading editor or another Citizen will need to provide a convincing fair use defense that satisfies all 9 criteria.