This request for upload has been reviewed. The reviewer comments appear below the submission text.
Description: Portrait of Scientology leader David Miscavige. Copyrighted photo owned by the Church of Scientology International
URL: http://www.flickr.com/photos/scientologymedia/5959054610/sizes/s/in/photostream/
License: All rights reserved.
Link To License Information: http://www.flickr.com/photos/scientologymedia/5959054610/sizes/s/in/photostream/
Author/Copyright Holder's Name: Church of Scientology International (http://www.flickr.com/people/scientologymedia/)
Article To Be Used On/Reason For Upload: Article to be used on: David Miscavige. This is a biography and no other photos of the biography's subject exist for free use. So I am proposing this one to be used for the English-language Wikipedia page on David Miscavige.
Per http://en.wikipedia.org/wiki/Wikipedia:Non-free_content_criteria all necessary points are given:
- No free equivalent. Non-free content is used only where no free equivalent is available, or could be created, that would serve the same encyclopedic purpose. Where possible, non-free content is transformed into free material instead of using a fair-use defense, or 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, before adding non-free content requiring a rationale, ask yourself: "Can this non-free content be replaced by a free version that has the same effect?" and "Could the subject be adequately conveyed by properly sourced text without using the non-free content at all?" If the answer to either is yes, the non-free content probably does not meet this criterion.)
There is no free equivalent available, also not in higher quality. I went through Scientology websites and Flickr.com accounts and this seems to be the one to use. It cannot be replaced by a free version and the subject of the article, David Miscavige, cannot be illustrated in another way than by a photo showing this person.
- Respect for commercial opportunities. Non-free content is not used in a manner that is likely to replace the original market role of the original copyrighted media.
Per what I can see this image is not used commercially nor does it show a brand or trademarked object. It is a simple portrait photo.
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1. Minimal usage. Multiple items of non-free content are not used if one item can convey equivalent significant information.
2. Minimal extent of use. An entire work is not used if a portion will suffice. Low- rather than high-resolution/fidelity/bit rate is used (especially where the original could be used for deliberate copyright infringement). This rule also applies to the copy in the File: namespace.
There are no alternatives available. The image is to be used only to illustrate a biographical article on the photo's subject, David Miscavige.
- Previous publication. Non-free content must have been published or publicly displayed outside Wikipedia.
This image is on the Church of Scientology International's Flickr.com account and on other Flickr.com pages (http://www.flickr.com/photos/freedommagazine/4408492049/ , http://www.flickr.com/photos/42064497@N02/3879630156/ and http://www.flickr.com/photos/miscavige_scientology/4407701803/ (none of these have clearly identified owners.) It has also been published on http://www.rtc.org/david-miscavige.html and possibly other places online.
- Content. Non-free content meets general Wikipedia content standards and is encyclopedic.
This image is a portrait showing the leader of the Church of Scientology, David Miscavige. It is appropriate to use this image to illustrate the extensive, yet unillustrated biographical article on David Miscavige on Wikipedia. The image is neutral and a simple portrait.
- Media-specific policy. The material meets Wikipedia's media-specific policy. For example, images must meet Wikipedia:Image use policy.
The image description is accurate and complete. The image is provided in proper form, format and size to illustrate the article.
- One-article minimum. Non-free content is used in at least one article.
I am uploading this image for use in the David Miscavige biographical article. There might be other uses.
- Contextual significance. Non-free content is used only if its presence would significantly increase readers' understanding of the topic, and its omission would be detrimental to that understanding.
I think that a biographical article about a person is not complete or user-friendly without a photo of the article's subject. "Action photos," candid shots or screen shots would add unnecessary elements to a picture and are no alternative to a simple portrait shot, even if they would be available in Wikipedia (which they are not.)
- Restrictions on location. Non-free content is allowed only in articles (not disambiguation pages).
The image is only to be used on the David Miscavige article.
PictorialEvidence (talk) 21:20, 20 July 2011 (UTC)
File upload request declined. Wikipedia doesn't allows to use non-free images on articles about living persons, thus I have to decline this request. Sir Armbrust Talk to me Contribs 22:42, 20 July 2011 (UTC)