- File:Enedina-arellano-felix.jpeg (talk||history|logs|links|watch) (article|restore)
This page should not be speedy deleted as an unambiguous copyright infringement, because Enedina Arellano Félix is a high-profile criminal, and the image has been used as a mug shot in the media to identify her. [6] I am not aware that there are any free images of her, let alone another image of her besides this one. In addition, the picture belongs to an international illegal militant organization (Tijuana Cartel), and such pictures are typically not covered by copyright law (as they cannot legally copyright their material) and therefore it may not need fair use. In that case, it may have no copyright.
Anyways, I made sure to add a mugshot template and a fair use rationale plus the copyright template to add the image. I am aware that there was a previous image of Enedina that was uploaded to Commons when it shouldn't have. I don't know who did it but I was unaware that it infringed copyright materials.
Pardon my horrible English. ComputerJA (talk) 01:33, 17 September 2012 (UTC)[reply]
- Is there a speedy criteria in use here? (I'm assuming there was a fair-use rational.) While she is a living person, there are reasonable arguments to be made for fair use and being irreplaceable here. So I'd tend to prefer a "list at FfD" outcome, but I'm willing to be shown it is speediable. Hobit (talk) 10:35, 17 September 2012 (UTC)[reply]
- The speedy criterion used was "unambiguous copyvio" (and RHaworth gave the original file address). I agree that an alternative image is going to be hard to come by in this case, but the nominator's claims are going to be difficult to substantiate as well: I think before the file can be restored it'll be necessary to show either (a) that the file does belong to an illegal militant organisation AND (b) that illegal organisations forfeit their copyright in the US, OR (c) that the file is not copyrighted.—S Marshall T/C 11:19, 17 September 2012 (UTC)[reply]
- I'm fine with not restoring during the discussion, but I think FfD is a better venue than this. Further, I don't think that an image with a fair use statement is speedible in this situation (but I'm no image-policy guy and I can't confirm such a statement was provided). Just seems like the wrong process was used AND there is a real chance this meets our rules for using copyrighted images. Hobit (talk) 14:42, 17 September 2012 (UTC)[reply]
- What copyright permissions can I use to re-add the picture? I've been using the same rationale in other images and did not have any problems (see 50px, for example). The admin said that he/she deleted the image "...because of its pathetic quality." Is this a reasonable move? ComputerJA (talk) 15:41, 17 September 2012 (UTC)[reply]
- Overturn and list at FfD. The claimed justification for the deletion is patently invalid. Neither G12 ("Text pages that contain copyrighted material...", emphasis mine) nor its file counterpart, F9 ("Obviously non-free images ... that are not claimed by the uploader to be fair use", emphasis mine) apply, nor is the fair use rationale so obviously invalid as to justify immediate deletion under F7, the only colorable argument for a speedy. It is debatable, however, whether the file passes NFCC, and that's a question that should have been decided by FfD. T. Canens (talk) 02:01, 18 September 2012 (UTC)[reply]
- Wait a moment—is that correct? There's no speedy deletion criterion for an image that's an unambiguous copyvio, if the uploader makes a claim of fair use? That seems to me to be a lacuna in our rules because it means, technically speaking, that we must restore a known copyright violation for the duration of the discussion (something that DRV's rules say we should never do).—S Marshall T/C 07:36, 18 September 2012 (UTC)[reply]
- By definition fair use images are "copyvios". When a claim of fair use is made, F9 no longer applies and the speedy deletion of such images are instead governed by criteria F5 (orphaned non-free images), F6 (missing FUR) and F7 (invalid FUR). I suspect that most of the problematic fair-use uploads are deleted under F7, either immediately in cases of plainly invalid FURs, or after two days as replaceable. T. Canens (talk) 08:19, 18 September 2012 (UTC)[reply]
- I propose that we update DRV's guidance notes to reflect this.—S Marshall T/C 10:02, 18 September 2012 (UTC)[reply]
- I'm loath to see things speedied where judgement is called for. Speedy deletion is for unambiguous deletions. And by definition if judgement is called for it's not unambiguous. There really is no legal worry unless there is a takedown notice provided (at least under current law, though IMNAL). I don't think 7 days is normally an issue... Hobit (talk) 17:02, 18 September 2012 (UTC)[reply]
- I've temporarily undeleted the description page only. Any deleted fair use image temporarily restored for DRV would likely be orphaned, and thus technically deletable after 7 days. In any event, I don't think being able to view the image itself is essential to informed discussion in this DRV. When and if this is listed at FfD, the image should be restored then. T. Canens (talk) 17:10, 18 September 2012 (UTC)[reply]
- Overturn and list now that Tim has clarified there was a FUR. Hobit (talk) 16:59, 18 September 2012 (UTC)[reply]
- Sorry, but what does that mean in English? xD Do I have to do anything else? ComputerJA (talk) 17:44, 18 September 2012 (UTC)[reply]
- Yeah, good question. What will happen is that we'll have a discussion for about 7 days. At the end of that some admin will read the discussion and figure out what to do. My guess at the moment is that they will restore the file but start another 7 day discussion about if we _should_ have the file. I'm not sure what the outcome of that discussion will be. So it will be a couple of weeks (I'd guess) before this gets settled for good. Wikipedia is a lot of things, but rarely fast! Hobit (talk) 19:03, 18 September 2012 (UTC)[reply]
- Yeah, List this one. This is how I work; anything that's uploaded without a fair-use tag (i.e. "own work") which is obviously copyrighted gets whacked with the F9 stick - unless there's a possibility that the uploader's just confused and there's a chance they may be a valid non-free (rare). Meanwhile, anything uploaded that is obviously and unambiguously always going to fail NFCC (i.e. a copyrighted picture of a living public person) gets whacked with the F7 stick regardless of whether there's a FUR. Everything else - goes to FFD. Black Kite (talk) 20:28, 18 September 2012 (UTC)[reply]
- List because there is ambiguity. By the way, fair use (if it really is fair use) is not an infringement of copyright.[7][8] Also, so far as I know, it is WP policy, and not the law, that requires a fair use rationale.Thincat (talk) 09:43, 19 September 2012 (UTC)[reply]
- De facto, Wikipedia refers to files as "copyright violations" if they are unfree files listed as free images. I know that this isn't the legal definition of a copyright violation, though. --Stefan2 (talk) 08:43, 22 September 2012 (UTC)[reply]
- I nominated this for speedy and in retrospect I can see this nomination was a poor decision although in my defence I should say that I was fixated with the image being removed as a copyvio so I would vote to list this at FFD. That said, I strongly believe that this image will fail to pass NFCC as a free image is potentially possible. I should also say that the sourcing on the FUR was incorrect as the image is clearly derived from the TIME cover [9] and this should be listed as the source, not some other source that is using as a derivative image after it has been flickr washed. [10]. Clearly when we come to consider the FUR under the FCC the true nature of the image will be an issue. Spartaz Humbug! 11:34, 21 September 2012 (UTC)[reply]
- List at WP:FFD The deletion was obviously controversial, so it is better to handle it through a deletion discussion. It is better to do this at WP:FFD than doing it here since more people working with the file namespace will see the discussion if listed there. Also, as Special:PermanentLink/512826030 shows, the file was uploaded with a fair use claim, so the deletion rationale was wrong since neither F9 nor G12 applies to images with fair use claims. Images with fair use claims are handled by F4, F5, F6, F7, WP:FFD or WP:NFCR. --Stefan2 (talk) 08:43, 22 September 2012 (UTC)[reply]
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