File talk:Jim Goldman and Elian Gonzalez.jpg

This image was nominated at Wikipedia:Files for discussion on 2007 May 17. The result of the discussion was keep.

Rationale Conflict[edit]

One tag says that this is a depiction of an historical event and that it may be used to illustrate "the event in question", given that:

It depicts "a non-reproducible historic event, and no free alternative exists or can be created" (which is inherently true, as the Elian affair is not reproducible, and the picture is copyrighted)
It is "low resolution" (350 × 230 pixels), and its use here will not decrease the value of its copyright (it's a well-known, Pulitzer-winning photo, Wikipedia will not hurt it in any way)

These conditions are met. So why then does the other tag say it may not be used to illustrate the event it depicts? The photo made history (its award category was for "Breaking News") because of the event it depicted—certainly if it can be used, it can be used to illustrate that purpose!—Kbolino 05:47, 30 August 2007 (UTC) wazz up my homie this is a tragic thing, he should of stayed in miami. peace out my homie scilibiscuit. — Preceding unsigned comment added by 131.109.47.67 (talk) 15:32, 31 May 2011 (UTC)[reply]

Purpose of use[edit]

In response to [1], which states, "its not used to illustrate the affair. we would have to pay AP for that":

It is and we don't. Fair use claims are effective on images with substantial commercial worth. If it's a unique historic photograph, notable in its own right, it may be used to illustrate the event (e.g. Tank Man). ˉˉ^anetode╦╩ 06:29, 17 November 2009 (UTC)[reply]