Wikipedia:Fair use images in templates: exceptions
WP:FU currently says that fair use images may not be used inside Templates under any circumstances.
This is a proposal to modify that rule.
The clear intent of banning fair use images from templates is that each and every use of such images must be legally justifiable. Since we have little control of where templates are instanciated, there is a strong possibility of an image which would have been justified as fair use in one context becoming unfair use when the template is placed elsewhere.
This is a good and laudable concept. However, I humbly submit that it has a flaw which I believe we must correct for the good of the encyclopedia.
The exception is when the template is sufficiently complex that the content of the template itself suffices to support a fair use claim.
To be very clear: Within the template, there would have to be both a 'Fair Use' image and sufficient justification for the use of that image based only on the content of the template itself. If this criteria is met - then no matter how inappropriately the template is instanciated, the use of the image can still be supported under fair use because it supports the content of the template itself.
Here is an example: Many Wikipedia Automotive articles (eg Mini) contain a template at the bottom of the article relating to the company that made that vehicle. That template helpfully lists all of the other vehicles that company made. It has been common practice to include the company logo in that template - and since a low resolution logo used in describing the companies product is "Fair Use", there should be no legal problems here. No matter where that template is instanciated - appropriately (as in Mini) or totally inappropriately - the logo is always fairly used because it's supporting the information displayed within the template itself. However, the existance of the "No FU images in templates" rule was used as justification for someone to meticulously rip out all of those logos from dozens of templates and to stir up a hornet's nest of protest. I believe this was detrimental to the quality of the encyclopedia - but impossible to revert because the person in question was undoubtedly following Wiki policy...so it's time to change the policy.
My proposal is to leave the present 'no FU images in templates' rule as-is - but add the rider "unless the use of the image can be justified by the content of the template itself".
There has been widespread support for allowing this (albeit with some objections) in an archived discussion on WP:FU and also in WikiProject Automobiles - but the conversations 'fizzled' without any conclusion being reached: