Template talk:Non-free aircraft image

Valid fair use reasoning?

The template may be seen below:

This is a copyrighted and/or unlicensed photograph depicting an aircraft. It does not fall into one of the blanket fair use categories listed at Wikipedia:Fair use#Images, and it is not covered by a more specific non-free content license listed at Category:Wikipedia non-free file copyright templates. However, it is believed that the use of this work in the article "[[{{{1}}}]]"

to illustrate the aircraft in question
where no free equivalent is available or could be created that would adequately give the same information
on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Fair use and Wikipedia:Copyrights.
Fair use

To the uploader:

Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information.
For example non-free use rationales, see Wikipedia:Use rationale examples.
This tag should only be used for aircraft images.
Template:Non-free use rationale may be helpful for stating the rationale.

To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

A common additional piece of reasoning is as follows: the aircraft was never put into production/does not exist today, therefore the creation of an equivalent free image is impossible.

Do these reasons amount to a valid justification for fairuse? Ingoolemo ^talk 00:14, 6 May 2006 (UTC)[reply]

Perhaps. When an aircraft does not exist, very limited fair use may be valid.--Jusjih 11:41, 4 June 2006 (UTC)[reply]

Yes on the need for faid use. It's plainly impossible to replace fair use and it's impossible to adequately portray the appearance of an aircraft without a photograph. Whether the specific image is fair use woudl depend on the image and context but it seems very likely, since images of aircraft are usually marketing materials and are usually not used for marketing in Wikipedia articles. Jamesday 22:21, 21 June 2006 (UTC)[reply]

But is it necessary "to adequately portray the appearance of an aircraft"? --Damian Yerrick (☎) 06:28, 25 January 2007 (UTC)[reply]

You would also still need to provide fair use rationale. The fair use tag is not adequate in establishing by it is fair use; you must always provide fair use rationale when uploading a fair use image.↔NMajdan•talk 14:35, 2 March 2007 (UTC)[reply]