User talk:Hellscapespectacular

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Happy editing! Taking Out The Trash (talk) 00:08, 26 April 2023 (UTC)

Replaceable non-free use File:Laster.jpg

Thanks for uploading File:Laster.jpg. I noticed that this file is being used under a claim of non-free use. However, I think that the way it is being used fails the first non-free content criterion. This criterion states that files used under claims of non-free use may have no free equivalent; in other words, if the file could be adequately covered by a freely-licensed file or by text alone, then it may not be used on Wikipedia. If you believe this file is not replaceable, please:

1. Go to the file description page and add the text {{Di-replaceable non-free use disputed|<your reason>}} below the original replaceable non-free use template, replacing <your reason> with a short explanation of why the file is not replaceable.
2. On the file discussion page, write a full explanation of why you believe the file is not replaceable.

Alternatively, you can also choose to replace this non-free media item by finding freely licensed media of the same subject, requesting that the copyright holder release this (or similar) media under a free license, or by creating new media yourself (for example, by taking your own photograph of the subject).

If you have uploaded other non-free media, consider checking that you have specified how these media fully satisfy our non-free content criteria. You can find a list of description pages you have edited by clicking on this link. Note that even if you follow steps 1 and 2 above, non-free media which could be replaced by freely licensed alternatives will be deleted 2 days after this notification, per the non-free content policy. If you have any questions, please ask them at the Media copyright questions page. Thank you. Whpq (talk) 21:03, 1 May 2023 (UTC)

Thanks, Whpq. I will follow the steps you outlined above. As a relatively new editor, I hope that this interaction will be a beneficial learning opportunity for me. Would you mind advising me on how to phrase what you described as “a short explanation of why the file is not replaceable”? The “long” version is this:

The first criterion is met when (i) no free alternative image is available and (ii) the use of text instead of an image will not fulfill the same encyclopedic purpose. The use of Laster.jpg meets both requirements.

i. There is no free alternative image available. A diligent search across both the Internet and the Wikimedia Foundation’s free images did not reveal any free photos of the subject. Respectfully, I do not interpret the first criterion to require an editor to do more before concluding that no free alternative image is available. If you could point me to binding Wikipedia policies or arbitral decisions to the contrary, that would be a great help to me.

Photographing the subject also is not an option. You may have noticed that the subject is a judge. In America, it is not advisable to try to photograph someone like that without their permission. Respectfully, I do not believe that an interpretation of the first criterion that requires a Wikipedia editor to photograph a famous judge is a reasonable one, particularly when a suitable photo such as this one (which numerous other nonprofit and media organizations have used) is available and clearly subject to fair use protection.

ii. The use of text instead of an image will not fulfill the same encyclopedic purpose. While the non-free content criteria do not define the phrase “encyclopedic purpose,” I believe the purpose of using an image in a BLP—or of any person—is apparent: It shows what they look like. This is consistent with the Manual of Style’s use of the same phrase in its instructions governing the use of icons: Icons serve an encyclopedic purpose when they “provide additional useful information on the article subject” or “serve as visual cues that aid the reader's comprehension.” Knowing what someone looks like is additional useful information. I do not believe this is a controversial proposition, but further support for it exists here: https://plato.stanford.edu/entries/qualia-knowledge/.

Anyways, thank you for taking the time to look into my use of this image, and I hope you’ll spare a second to educate me on the best way to summarize these reasons in my short description of why I reject your application of the first criterion to this image. Hellscapespectacular (talk) 00:07, 2 May 2023 (UTC)

WP:NFCC#1 on replaceability is not just a case of there not being a freely licensed image being available, it must also be the case that a freely licensed image cannot be created. For a living person, it is almost always possible for a free image to be created as the person can be photographed. The use of non-free content must meet all of the non-free content criteria, and meeting those criteria can be confusing, especially for somebody new to editing Wikipedia. In the future, if you need some help with non-free media, or copyright, you can post your questions as [[WP:MCQ|Media Copyright Questions. For more general help in editing for new editors, you can ask for assistance at the Teahouse. Cheers. -- Whpq (talk) 01:40, 2 May 2023 (UTC)

Thank you again for educating me, Whpq. I invite you to continue the discussion on the talk page for Laster.jpg, where I've followed your instructions to provide a full explanation of why I believe Laster.jpg is not replaceable. Hellscapespectacular (talk) 17:24, 2 May 2023 (UTC)