User:Punctured Bicycle/NFCP

See also: User:Punctured Bicycle/NFCP flaws

The primary goal of Wikipedia's policy for non-free content is to protect our mission to produce an encyclopedia that is perpetually free for unlimited distribution, modification and application by all users in all media ("non-free content" means copyrighted material lacking a free content license). This goal could best be met by completely disallowing all material that is not free; many Wikipedias in other languages allow no non-free content at all. Another goal of our mission, however, is to produce a quality encyclopedia, so the English Wikipedia permits a limited amount of non-free content under strictly defined circumstances. This policy embodies a compromise between these two goals.

Non-free content may be used on the English Wikipedia under fair use only where all 10 of the following criteria are met. These criteria are based on the four fair-use factors, the goal of creating a free encyclopedia, and the need to minimize legal exposure.

1. Legal guidelines are followed. Non-free content is used only if the use is defendable under U.S. fair use guidelines, to be judged as a whole.
   1. Purpose and character of use. The use is for purposes like criticism, comment, news reporting, teaching, scholarship, or research. The use is of a non-commercial character.
   2. Nature of work. The work used is of a nature that is reasonably open to fair use. For example, compare the use of a reference work like a dictionary to the use of a newswire photograph of a recent trivial event.
   3. Extent of use. The amount taken from the original work, relative to its whole and to the article that uses it, is as low as possible. Low- rather than high-resolution content is used; short rather than long excerpts are used. The significance of what is taken, relative to the original and to the article that uses it, is also as low as possible.
   4. Effect of use on value of work. The use does not infringe on the copyright holder's ability to exploit their original work. For instance, by acting as a direct market substitute for the original work. Courts indicate that this is the most important consideration.
2. No free equivalent. Non-free content is used only where no free equivalent is available or could be created that would generally serve the same encyclopedic purpose. If non-free content can be transformed into free material, this is done instead of using a fair-use defense. Non-free content is always 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 content be replaced by free content, while still having the same effect?" If the answer is yes, then the content probably does not meet this criterion.
3. Significance. Non-free content contributes significantly to an article (e.g., it identifies the subject of an article, or illustrates specific, relevant points or sections in the text); it does not serve a purely decorative purpose.
4. Minimal use. As little non-free content as possible is used in an article. Multiple items are not used if one will suffice.
5. Content. Non-free content meets general Wikipedia content requirements, including the image use policy.
6. One-article minimum. Non-free content is used in at least one article.
7. Restrictions on location. Non-free content is used only in article namespaces; it is not used on templates (including stub templates and navigation boxes) or on user pages. (To prevent categories from displaying thumbnails, add __NOGALLERY__ to it; images are linked, not inlined, from talk pages when they are a topic of discussion.)
8. Previous publication. Non-free content has been published outside Wikipedia.
9. Image description page. The image or media description page contains the following.
   • (a) Proper attribution of the source of the material, and attribution of the copyright holder if different from the source.
   • (b) An appropriate fair-use tag indicating which Wikipedia policy provision permitting the use is claimed. A list of image tags is at Wikipedia:Image copyright tags/Non-free content.
   • (c) The name of each article in which fair use is claimed for the item, and a fair use rationale for the item, as explained at Wikipedia:Fair use rationale guideline. The rationale is presented in clear, plain language, and is relevant to the article.