Project:Fair use policy

In general, we require that all images on MediaWiki.org are released under a free-content license (GFDL, Creative Commons, etc.). However, in some situations it may be appropriate for non-free images to be uploaded for use within the site.

As this site is hosted by the Wikimedia Foundation we must follow their licensing policy, which requires that all images must be under a free-content license, unless explicitly allowed via an exemption policy. This page proposes a fair-use exemption policy for the MediaWiki.org website.

This policy was proposed by User:VasilievVV on 17th May, 2008. If there are no objections, it will become official policy after four months, on the 17th September 2008. If any objections are raised before this time then the discussion should be allowed to resolve before the policy comes into force.

Proposed Policy
To be classed as fair use, an image must be:
 * 1) Non-free
 * 2) Irreplaceable – the image must be necessary to illustrate the subject and there must be no way to create a free equivalent
 * 3) Used somewhere on the site
 * 4) Approved by an administrator

Discussion
I see no problem with the above, but I'm not sure what the purpose of fair-use images would be on this site? I think we probably need a policy to handle screenshots, which may include non-free content (website content, browser chrome, etc.) but I'm not sure if 'fair use' is quite the right word for this. What kind of images are you expecting to be uploaded under this fair use policy? --HappyDog 19:51, 31 July 2008 (UTC)
 * Which may not be used under GFDL/CC-BY-SA/other free license. Also, I see no point in some bureaucratic procedures. Why not just accept policy, especially taking in account that according to Project:Requests header, this wiki is controlled by developers and there is a real need in such policy right now? — VasilievVV 20:09, 31 July 2008 (UTC)
 * As I said, I don't really have a problem with the spirit of the policy. My point, I guess, is that I don't quite see how the policy in its current wording applies here.  It seems like it was copy/pasted from somewhere else without real thought about how it would apply at MediaWiki.org.  For example, what does irreplaceable mean in this context?
 * It is important to realise that there is a big difference between the kind of images we accept here compared with, for example, commons or WP. We are a lot more restrictive about what we allow. In fact, we only allow uploads that are directly related to MediaWiki or its extensions, and if you browse through the gallery of uploaded files (there's only about 500) you will see that the massive, massive majority of them are screenshots of MW, and most of the rest are icons/logos used by extensions.
 * Really, I can only think of two non-free elements that might require a fair-use rationale:
 * Content of web pages/wikis visible in a screenshot.
 * 3rd-party UI widgets (browser chrome, OS icons, etc.) that may be included as part of a screenshot.
 * In general, both of the above should be avoided by choosing a free-content site to make your example, or by cropping your image to show only the web-page, however this is not always possible or desirable (e.g. 1 2 3), so I agree we probably need a fair-use clause that explicitly allows these.
 * I'm just not sure that the above is a suitable wording for this, that's all. --HappyDog 04:57, 4 August 2008 (UTC)


 * The wording seems fine to me: Irreplaceability is that there's no other way to illustrate the subject without using a non-free image; exactly the sorts of cases you referenced. Maybe "irreplaceable" could use a little explanation.  I'll be bold and apply a friendly amendment. —Emufarmers(T 06:26, 4 August 2008 (UTC)