File talk:Tarana burke on democracy now-20171017.png

Democracy Now is *not* CC-BY-SA 3.0

According to the website where this interview was posted, "The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org." -- Owlsmcgee (talk) 21:57, 22 October 2017 (UTC)

Whoops, sorry, my hed is not appropriate. Basically, an NC license is not the right one for Wikipedia, which should use a CC-BY-SA license, rather than an NC license. We can't guarantee the image won't be used for commercial purposes, so I think it's best not used. Willing to have someone else weight in on fair use, though. -- Owlsmcgee (talk) 22:02, 22 October 2017 (UTC)

@Owlsmcgee: Images of living people do not qualify for fair use unless extreme extenuating circumstances exist as it would always be possible for someone to walk up to them, take a photo, and release it under a free license. So it fails WP:NFCCP #1 and I have marked it as such. --Majora (talk) 23:28, 22 October 2017 (UTC)

Not fair use

I got the bot message inviting me to weigh in further. I am perfectly prepared to accept that this file cannot be used under fair use (apparently) or under its CC license. However, on the other point, about its being nonreplaceable, I would be willing to argue that it cannot be replaced because the fact itself of Burke being called in for the interview (and her attire) are what makes the picture notable, the event worth illustrating. Does anyone know if there is any precedent of Wikipedia being granted permission to use content from this news outlet (Democaracy Now)? I could request permission. If granted, would that make it possible to use the file? Anyway, this is not a top-priority issue, simply a potentially important part of the #Me_Too article (which could take other directions, though it needs to document Burke's newfound celebrity in the wake of the hashtag campaign). - phi (talk) 12:59, 23 October 2017 (UTC)

@Ph7five: There are a few news agencies that license their material under a free license we can use. None of them are in the United States that I am aware of. In order to be acceptable it would need to be licensed under a copyright license that allows anyone to use or modify the image at any time and for any reason (including commercial use). You can certainly ask if they are willing to do this. They would have to fill out a WP:CONSENT form and send it into our OTRS team for verification. There is no harm in asking but at this moment it looks like we can't keep the image as it doesn't qualify for fair use. --Majora (talk) 23:06, 23 October 2017 (UTC)

Thank you, @Majora:. I understand. We should proceed to delete. - phi (talk) 07:37, 24 October 2017 (UTC)