File talk:Memristor.jpg

Speedy Deletion

To the best of my knowledge, IEEE Spectrum does not own (and does not claim to own) the associated copyright. The specified copyright holder is Stan Williams. As the uploader, I selected the highest quality version that I could find. While this version of the image was obtained from IEEE Spectrum's website, it was also available elsewhere at the time of upload.

It is my opinion that the image adds significantly to the article, and is not in any way a violation of U.S. copyright law. I will gladly amend the fair use rationale accordingly, if any specific legal fallacies are determined.

I would also like to note that HP Labs was comfortable enough to link directly to the Wikipedia article.   — C M B J   03:50, 15 July 2008 (UTC)

HP LABs appears to own copyright to the image (likely as work for hire). Stan Williams is not the copyright holder (Credited additionally to J.J. Yang at the second site). To address the last point - when HP linked here - it didn't have the image (i.e. in April) - http://en.wikipedia.org/w/index.php?title=Memristor&oldid=209347986 .

The most important point is - could it be replaced by a free image ? Yes.

We could create a diagram showing the same thing (much more clearly), or we could wait until the technology becomes prime time and take our own electron microscope picture of them. Additionally we could ask HP to release a web resolution version of the image under a cc-by-sa or cc-by license.

So I would conclude it's replaceable - thus failing WP:NFC #1 "Or could be created ... that would serve the same encylopedic purpose..." Megapixie (talk) 04:29, 15 July 2008 (UTC)

I'm removing the speedy hangon tag, as this isn't appropriate here (this isn't a standard speedy nomination, but a disputed rationale, so it doesn't go in CSD category, and talk page is checked before deletion instead). Ian¹³/t 16:15, 15 July 2008 (UTC)

Additionally, I'm not so sure that it isn't fair use. Whilst the copyright holder may be disputed, this isn't really relevant to this discussion, since we are claiming fair use anyway. Megapixie mentioned that a diagram could show the same thing, but an actual real-life image representation from a microscope seems to be of more value to me. Additionally, yes, it could potentially be replaced by a free image, but there presently no known free alternatives, so surely that means that at the moment it can't be replaced? Additionally, I think the case would be very strong if (and I can't tell from the article or the source) the image is included as the first known image of the memristor (as it obviously could never be replaced and is of encyclopaedic value). Ian¹³/t 16:31, 15 July 2008 (UTC)

How exactly is it fair use ? In what way do we transform this work ? We take a photo of a memristor and we use it as an illustration of a memristor. There is no critical commentary or parody. If HP (for whatever reason) decided that it didn't like someone selling copies of this wikipedia article with this image on it, they would have a pretty solid case that it isn't fair use. Ultimately it's a microscope photo of a bunch of wires. Sure it's pretty - but it's not irreplaceable. Megapixie (talk) 22:52, 15 July 2008 (UTC)

That's not what our fair use policy requires. Please review the policy. Our use of this image, which was provided by HP for promotional and scientific purposes, is completely consistent with Wikipedia fair-use policy and copyright law. I am removing the tags from the image itself.

It's important that people who think there are rationale / copyright problems understand Wikipedia's policies. We allow copyrighted, non free content images to be used, under circumstances listed in Wikipedia:Non-free content criteria. If you have a question about what those criteria mean you can ask an administrator or on the policy's talk page. Thanks. Georgewilliamherbert (talk) 19:22, 16 July 2008 (UTC)