Wikipédia:Prise de décision/Utilisation raisonnée d'images sous copyright/en

Une page de Wikipédia, l'encyclopédie libre.

Cette page est une traduction des propositions formulées, afin que la Fondation Wikimedia donne son avis sur cette page, puisqu'elle est concernée. La version originale (en français) de cette page se trouve ici.

Ceci n'est pas l'endroit pour discuter des propositions entre Wikipédiens ou avec la Fondation.

This is a translation of the original french proposal. If you don't understand some points (my translation isn't perfect :)), don't hesitate to contact me, Eskimo, on my talk page.

Introduction : The french Wikipedians community is organising a poll to define which image licences are allowed on the french Wikipédia. A previous vote failled since no option managed to get 60 % of the votes. The results were :

  • Fair use is always forbidden : 48.8 %
  • Fair use is always allowed : 4.2 %
  • Fair use is accepted under some conditions, to be defined by an other vote : 47,0 %

In the following page "free" has to be understood "as in freedom". The new proposals are :

Only free images[modifier le code]

Only free images, according to GNU are allowed.

To be accepted on Wikipedia, an image has to meet the following criteria :

  • The image can be distributed, including commercially, and modified with no restrictions except :
    • Attribution to the author
    • Having to use the same licence for derivative works
  • The subject of the picture has to be "free" (for instance, the architect of the Musée du Louvre pyramid can claim some rights on it).

If this proposal is approuved, a new vote can decide if all the images have to be uploaded on Commons (disabling the upload feature on fr.Wikipedia).

The Wikimedia logos can still be used as they are now, even if they are © & ™ Wikimedia Foundation.

Fair use allowed[modifier le code]

Images that qualify as fair use under US law are allowed.

Controlled fair use[modifier le code]

Images that qualify as fair use under US law are allowed, elected community representants are asked to check if the use of the image qualifies as fair-use.

Fair use allowed under some conditions ("Aoineko's proposal")[modifier le code]

An image can be used in Wikipedia without authorization of the author (basicaly, a copyrighted image) only if it respects the following points :

  • No free image can be used instead, and no free image will be produced
Exemple: a coat-of-arm can be used (the heraldric descriptions seem to be copyrighted), a common landscape or animal can't
  • It is used, for illustration (educational) purposes, in an article directly linked to the subject it represents
Exemple: a screenshot of a program for this program article can be used; a screenshot used for decoration in a portal can't
  • If it is a visual work, it has to be small and in a low resolution, not to disturb the original work diffusion
Exemple: A thumbnail to illustrate an article can be used; a high quality version can't
  • The image has to be conform to the original. Only minor alterations are allowed
Exemple: Reducing to size of the picture, modifing the framing is allowed, changing an element or the colors or reducing the quality too much isn't.
  • The copyright holder is cited directly in the legend of the photo in the articles (and in the description page of the image, too). The images have to be easily noticable and can be hidden through the stylesheet (customized monobook.css)
Mock-up:
Fichier:Firefox-logo-design.png
Firefox Logo © Mozilla Foundation.
(the design is just an exemple, not part of the proposal)
  • The description page has to contain a specific template explaining our educative goals, giving the source, the copyright owners and warning that any re-use of this image is the responsibility of the one who does it. If 2 days after the upload, the description isn't complete, it is removed from the articles in which it was used and a uploader is warned on his talk page. If 2 weeks later, noone has completed the description, the image is deleted.

Only free or with permission to Wikipedia images allowed ("David Berardan's proposal")[modifier le code]

Can be used only:

  • Images under a free licence
  • Non free images with written permission (email, mail...) of the copyright holders, at least to Wikipedia, who have to appear in the image legend (in the articles) and in the image description page.

The Wikimedia logos can still be used as they are now, even if they are © & ™ Wikimedia Foundation.

ske's proposal[modifier le code]

This is actually a summary of a 10-pages long proposal, in French, made by ske. Wikipedians are supposed to vote on the complete proposal.

An image can be used if :

  • By nature, the document can't be replaced by a free image
  • The use of the image can be legally defendable in the United States (fair use)
  • The use has to be defendable in the country of the person who uploads the image. The uploader has to give his identity and his nationality to allow the copyright holders to contest this use
  • The image can only be used in articles
  • A template (tag ?), common to all the non-free images has to be used, in the article source text, to allow an easy extraction of these images
  • Each use of an image has to be justified
  • The image without sources are tolerated if there is no other alternative. If the image has an identified source, the copyright holder has to be asked if the image can be used first ( a positive answer is not required)
  • Avoiding case-by-case gestion of the contestations of the copyright holders: if we remove an image because a copyright holder asked for it, we should start a new decision to check if we need do the same with all the similar images.

No fair-use[modifier le code]

Any use of fair-use images is prohibited.

No reasoned use of copyrighted images[modifier le code]

Any reasoned use of copyrighted images is forbiden, including :

  • Fair-use
  • Trademark logos (french L-713-3 article of the Code de la propriété intellectuelle allows the use of these logos)

"Fair use allowed" and "fair use forbidden" on specific categories[modifier le code]

Categories are defined (with an other vote), answering the question "Is it possible to find free images to illustrate this category of articles ?"

  • If it is, fair use is forbidden in this category of articles
  • If it isn't, fair use is allowed