Wikipedia:Non-free content review/Archive 15

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Does not meet NFC Criteria 1 (no free equivalent). There is a free image (File:Fleishersuperman.jpg) available. This alternative image could serve the same encyclopaedic purpose of illustrating the likeness of the character Superman for this article. Ajbpearce (talk) 11:50, 2 December 2011 (UTC)

After posting this NFR - I remembered that there is a discussion on commons that I am involved with that has potential implications for our treatment of the Fleisher superman cartoons as "public domain" works. If these images are found not actually to be in the public domain, then this NFR will have been superfluous as- so I apologise for that. Ajbpearce (talk) 12:42, 2 December 2011 (UTC)
  • I think I agree that this is not free but is fair use. The fair use rationale says its a cover from a particular issue. if thats the case, it should only be used on an article for that particular issue, or that magazine (superman or action comics, etc). unfortunately, this doesnt seem to be the cover, but the cover art, stripped of the DC logo or the superman logo. that cover art is presumed copyrighted. so I dont think it can illustrate the article on superman. The commons discussion you referred to doesnt seem to have broadened at this point, so I will suggest here and at the article that File:Superman-billiondollarlimited1942.jpg is also highly appropriate, esp. as it gets the suit color right and has the daily planet featured.(mercurywoodrose)75.61.135.151 (talk) 18:35, 17 December 2011 (UTC)
  • Based on the results of the linked Commons deletion and that the character is still protected under DCs copyright, the Commons Flecher Superman images that contain the character should be removed from Commons. - J Greb (talk) 19:05, 17 December 2011 (UTC)
  • I agree that the Commons image isn't free and should be removed. I vehemently disagree that the current image for Superman should be pulled. It perfectly illustrates the subject of the article. This seems a spurious nom. - Jack Sebastian (talk) 19:58, 17 December 2011 (UTC)
    • I wouldn't say the nom is spurious - at the moment there is a supposedly free to use image on Commons - multiple in fact. That those are now up for deletion - Commons:Deletion requests/File:Superman-fleischer.jpg (the nom there notes the discussion covers, or should cover, the entire cat, not just 1 file) - is important, but does not invalidate putting this forward here. - J Greb (talk) 20:08, 17 December 2011 (UTC)
  • This rather hinges on the Commons discussion, so I'd advise leaving this discussion open until it concludes. If any images containing Superman are determined to be PD the image is replaceable, if they are all found to be still copyrighted, it is not and a nonfree image is acceptable. Since that's the determining factor, we really can't move forward here until that's decided on Commons. Seraphimblade Talk to me 22:09, 25 December 2011 (UTC)