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 of the debate was to delete the image. See specifically WP:NFC#UUI#1, which directly addresses this issue. Also, the claim that a governmental unit cannot copyright its work is simply incorrect: see commons:COM:PD#Works_by_the_US_Government, specifically the third bullet: " does not include governments of the individual states. The work of most state and local governments are subject to copyright." Magog the Ogre (talk) 04:02, 8 February 2011 (UTC)

Hi, I agree with the following claim made by lawyer Lisasmall (talk · contribs) on this talk page Template_talk:Non-free_mugshot#Freeness: "A mug shot is a public record produced by the government, and thus cannot be copyrighted." and "All public records are non-copyrightable and are automatically in the public domain"

Referring to the Wiki Policy: WP:NFCC.

1) No free equivalent? There is no free equivalent available on the Internet that I can find. I have no means of creating a free equivalent. I would welcome another editor creating a free equivalent and replacing this image for the article's use.

2) Respect for commercial opportunities? This is a booking photo produced by the State of Oregon. We are not costing the State of Oregon profits on sales of this photo by displaying a copy here.

3)a)Minimal usage? "Multiple items of non-free content are not used". Yes, just the single image.

--Hutcher (talk) 19:31, 5 February 2011 (UTC)

The issue is not whether you personally have the ability to create or obtain a free image, but whether one could be created. As Chris Leben is still alive and is someone who appears and performs in public, a free image can be created by someone. We do not use fair use images until a free one comes along under those circumstances. O Fenian (talk) 18:58, 6 February 2011 (UTC)

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