Image talk:Xi Jinping.gif
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[edit] Arguments regarding mainland China political images
User:Rettetast has just added notice of a fair use review of this image. Since I may not have Internet access during the period of the review, I would like to contribute three arguments that the reviewers should consider, particularly if this sets a precedent for similar images.
1. One of the non-free content criteria is No free equivalent. Current efforts to reduce WP's use of fair use images seem to be based around Jimbo's comment on [Wikipedia:Publicity photos]:
"In general, ordinary publicity photos of celebrities should not be used in Wikipedia unless they are released under a free license. We are powerful enough now that we can insist on this, and get it, from just about any celebrity, or we can get a free photo in a number of different ways. Using fair use in such cases discourages us from creatively looking for a way to enlarge the commons... We are much better off to have no photo than to have a fair use or even "wikipedia only" photo." (Highlighting added).
This argument does not apply in the case of PRC politicians. We have absolutely no power over them (hence the Blocking of Wikipedia in mainland China). There is also zero chance of the PRC government moving to free licensing because
- (a) this is largely unnecessary under domestic copyright law (see PRC Copyright Law articles 4, 5.2 and 22).
- (b) they do have a certain track record of not worrying about the finer points of the law.
Chinese politicians do make public appearances, but these are rarely open-access events or advertised in advance. They do not need to kiss babies to win election. Official sources will struggle with the idea that we may be limited by copyright restrictions. So there are very few ways to obtain photos.
2. Another criterion is Respect for commercial opportunities. Photos from the official biographies are not published for commercial purposes and are intended for widespread dissemination. The discussion on Crown copyright may be relevant.
3. Finally, significance is a criterion. Chinese politicians' images are not well known in the English-speaking world, yet they are important if this encyclopaedia is to fulfil its educational aim. Appearance is a basic part of a person's identity.
I do not pretend to any special knowledge of copyright law, but I think that these are points of fact rather than opinion, and should be factored into the decision. Seektruthfromfacts 17:31, 27 September 2007 (UTC)
