Commons:Deletion requests/File:MNT Welcome Party Maruyo.jpg

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Photograph of a copyrighted screenshot of Ninja Gaiden. I can tell what game it is because of the large and clearly visible copyrighted characters on the screen. ▫ JohnnyMrNinja (talk / en) 19:58, 9 September 2012 (UTC)[reply]

I think de minimis would clearly apply in an article about Tokyo Game Show 2004. De minimis does not apply in an article about Ninja Gaiden. The conclusion is that we can host it. Any image can be misused, but that does not prevent us from keeping them available.
This is a problem that is very poorly handled. Wikipedias think that any file here is free enough, when de minimis de facto is about context provided by the Wikipedia article. Even us categorizing images according to copyrighted details may be problematic, but we do categorize things according to details (such as a ship spotted in the background) and no exception has been done for the copyrighted de minimis cases.
--LPfi (talk) 08:00, 11 September 2012 (UTC)[reply]
But then that image would have the same issues as any fair use image. Commons doesn't allow non-commercial even though no Wikimedia project uses images commercially. Commons doesn't allow NC or ND images simply because everyone in the world should be able to freely use Commons images for whatever they want. There is no reasonable way to not allow NC or ND, but we do allow copyrighted material as long as you don't use it to illustrate the copyrighted item. We cannot control the actions of re-users, which is why we don't allow this type of material. ▫ JohnnyMrNinja (talk / en) 09:26, 11 September 2012 (UTC)[reply]

 Delete Crop out the copyrighted content (which is clearly not incidental to the photo, it's the central part of the composition) and the image is useless. Fails de minimis. Rd232 (talk) 10:51, 11 September 2012 (UTC)[reply]

  •  Delete - The image of the copyrighted game was obviously an intended subject (i.e., is not incidental inclusion) and removal or blanking of the game would render the image unsuitable for use in an article (a consideration in Commons:De minimis). Whether an inclusion is de minimis has absolutely nothing to do with context (that the image would somehow be de minimis in one article but not another is nonsense). Эlcobbola talk 17:13, 11 September 2012 (UTC)[reply]

Deleted: FASTILY (TALK) 00:41, 16 September 2012 (UTC)[reply]