Wikipedia:Non-free content criteria

For the full non-free content use guideline (including this policy and its criteria) see Wikipedia:Non-free content.

As per the March 23rd, 2007 Wikimedia Foundation Licensing policy resolution this document serves as the Exemption Doctrine Policy for the English Wikipedia.

Rationale

• To support Wikipedia's mission to produce perpetually free content for unlimited distribution, modification and application by all users in all media.
• To minimize legal exposure by limiting the amount of non-free content, using more narrowly defined criteria than apply under United States fair use law.
• To facilitate the judicious use of non-free content to support the development of a quality encyclopedia.

Policy

For purposes of this policy "non-free content" means all copyrighted images and other media files that lack a free content license. Such material may be used on the English Wikipedia only where all 10 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, ask yourself: "Can this image be replaced by a different one that has the same effect, or adequately conveyed by text without using a picture at all?" If the answer is yes, the image 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. 1. Minimal usage. As few non-free content uses as possible are included in each article and in Wikipedia as a whole. Multiple items are not used if one will suffice; one is used only if necessary.
   2. Minimal extent of use. An entire work is not used if a portion will suffice. Low- rather than high-resolution/fidelity/sample length is used (especially where the original could be used for piracy). This rule also applies to the copy in the Image: namespace.
4. Previous publication. Non-free content must have been published outside Wikipedia.
5. Content. Non-free content meets general Wikipedia content requirements and is encyclopedic.
6. Media-specific policy. The material meets Wikipedia's media-specific policy. For example, images must meet Wikipedia:Image use policy.
7. One-article minimum. Non-free content is used in at least one article.
8. 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.
9. Restrictions on location. Non-free content is allowed only in articles (not disambiguation pages), and only in article namespace, subject to exemptions. (To prevent an image category from displaying thumbnails, add __NOGALLERY__ to it; images are linked, not inlined, from talk pages when they are a topic of discussion.)
10. Image description page. The image or media description page contains the following:
    1. Attribution of the source of the material and, if different from the source, of the copyright holder. See: Wikipedia:Citing sources#When uploading an image.
    2. A copyright tag that indicates which Wikipedia policy provision is claimed to permit the use. For a list of image copyright tags, see Wikipedia:Image copyright tags/Non-free content.
    3. The name of each article (a link to the articles is recommended as well) in which fair use is claimed for the item, and a separate fair-use rationale for each use of the item, as explained at Wikipedia:Non-free use rationale guideline. The rationale is presented in clear, plain language, and is relevant to each use.

Enforcement

• An image with a valid non-free-use rationale for some (but not all) articles it is used in will not be deleted. Instead, the image should be removed from the articles for which it lacks a non-free-use rationale, or a suitable rationale added.
• An image on which non-free use is claimed that is used in no article (Criterion 7) may be deleted seven days after notification.
• An image in use on an article and uploaded after 2006-07-13 that does not comply with this policy 48 hours after notification to the uploading editor will be deleted. To avoid deletion, the uploading editor or another Wikipedian will need to provide a convincing non-free-use defence that satisfies all 10 criteria. For an image in use on an article that was uploaded before 2006-07-13, the 48-hour period is extended to seven days.

Deletion criteria for non-free content are specified in Wikipedia:Criteria for speedy deletion.