File talk:Screenshot of Eddie Axberg in the 1971 movie "the Emigrants".jpg

The following discussion is an archived debate of the proposed deletion of a fair use image as a replaceable image. Please do not modify it.

The result was to delete the image. — ξ^xplicit 00:54, 14 October 2012 (UTC)

Di-replaceable fair use disputed

The image is meant for the Wikipedia page of actor Eddie Axberg. Currently there is no picture of the subject on his page, although he is a notable actor and specifically known for his roles in the Emigrants and New Land series. Without a picture of the person it is difficult for the reader to imagine him. Also, there are no other pictures available of him, either free or non-free. Therefore a screenshot of him in his most important role (the movies are a classic production and he played one of the main parts) is the best and only available way to illustrate the person.

You are mixing up WP:NFCC#1 (replaceable fair use) with WP:NFCC#8 (image not relevant for the article). The problem is that this is a photo of a person who is still alive, so a fair use image isn't allowed. See WP:NFC#UUI §1. --Stefan2 (talk) 14:53, 12 October 2012 (UTC)

Axberg is known mostly from movies from the early 1970s. After that his acting went to the background and he instead focused on audio engineering for movies, where he would obviously not appear visually. I quote: "However, for some retired or disbanded groups, or retired individuals whose notability rests in large part on their earlier visual appearance, a new picture may not serve the same purpose as an image taken during their career, in which case the use would be acceptable". Koekoek (talk) 15:33, 12 October 2012 (UTC)

I moved the discussion to the talk page since that's a better location for it.

If you want an early picture of him, there are PD images which can be used instead. For example, take File:Here's Your Life poster.png (a film poster for Here's Your Life). All of the photos on that poster are in the public domain in Sweden (as {{PD-Sweden}}). There doesn't seem to be any copyright notice on the poster, so the photos are also in the public domain in the United States (as {{PD-URAA}}). Eddie Axberg appears on several of those photos, so this image could be replaced by one of those photos instead, although you would probably have to use a different scan of the poster in order to get something of acceptable quality, or even scan the poster yourself. Anyway, the task was not to produce a replacement image of acceptable quality, but only to prove that such an image exists. --Stefan2 (talk) 18:26, 12 October 2012 (UTC)

Indeed Axberg is in the pictures on that poster, but I don't understand where you see that they are in the public domain? Also, that poster in in way too small a resolution to be usable. I cannot find it in big resolution nor would I have a clue if that poster can be found in real life anymore. In other words, would you really say it is reasonably possible to get a replacement picture for the one I uploaded? Koekoek (talk) 19:12, 12 October 2012 (UTC)

See law (1994:190): "Bestämmelsen om skyddstid i 49 a § tredje stycket tillämpas på fotografiska bilder som har kommit till före ikraftträdandet endast under förutsättning att skyddstiden enligt äldre bestämmelser inte har löpt ut vid ikraftträdandet." (= The regulation about term of protection in §49a third section is only applied on photographic images created before the law went in force if the term of protection hadn't expired under older regulations when the law went in force). And according to the older regulations, a.k.a. law (1960:730): "15 § Rätten till fotografisk bild gäller, där ej annat följer av vad i andra och tredje styckena sägs, intill utgången av tjugufemte året efter det år, då bilden framställdes." (= §15 The right to a photographic image is valid, except where the second and third sections say otherwise, until the end of the 25th year after the year during which the photo was created.) The new law went in force on 1 January 1995. Simply speaking, photos taken more than 26 years before 1 January 1995 (i.e. before 1969) are in the public domain in Sweden, unless they are "complex photos" (which is almost never the case). The photos in File:Here's Your Life poster.png were taken in 1966 at the latest, so those photos are in the public domain in Sweden, having been so since at least 1991. In the United States, a Swedish photo is in the public domain if it was already in the public domain in Sweden on 1 January 1996 (these photos were), and if they were also published somewhere without a copyright notice before 1 March 1989 (the film poster doesn't seem to have a copyright notice).

The film poster is a printed publication published after 1660, so the publisher was required to send a copy to Kungliga biblioteket (amongst other libraries), and I assume that it would be possible to take a look at the poster there. It is also likely that you would be able to find a copy at Svenska Filminstitutet. Also, film posters are collectibles which are frequently sold at places such as Tradera. It would definitely be possible to obtain a copy of that poster to produce a copy of it. --Stefan2 (talk) 19:57, 12 October 2012 (UTC)

Thanks for your explanation about the poster being in the public domain in Sweden. But judging from your tips as to how the poster could be obtained, it seems quite unreasonable to expect that anyone would go through all that just to get a -pretty bad- picture of the actor. Koekoek (talk) 22:39, 12 October 2012 (UTC)

It doesn't seem more difficult than with other living persons. Actually, it seems much easier: the source has already been pointed out for you, so you don't have to visit a person who might not want visitors and ask for permission to take a photo. --Stefan2 (talk) 23:49, 12 October 2012 (UTC)

The above discussion is preserved as an archive of the debate. Please do not modify it.