Image:Monkey3.jpg

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Monkey3.jpg‎ (286 × 227 pixel, file size: 29 KB, MIME type: image/jpeg)

This work is copyrighted and unlicensed. It does not fall into one of the blanket fair use categories listed at Wikipedia:Fair use#Images or Wikipedia:Fair use#Audio_clips. However, it is believed that the use of this work in the article "monkey":

To illustrate the object in question
Where no free equivalent is available or could be created that would adequately give the same information
On the English-language Wikipedia ([1]), hosted on servers in the United States by the non-profit Wikimedia Foundation ([2]),

qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Fair use and Wikipedia:Copyrights.

To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed fair use rationale.

A macaque alone in a cage in a German laboratory inside Covance; photograph taken by or for the British Union for the Abolition of Vivisection, retrieved from [3] with their knowledge. They have been contacted to ask whether they will release it under a free licence. It is likely that the image is in fact PD, as it was taken undercover, and most such images are released into the public domain. I am claiming fair use in the meantime because it has no commercial value, such a photograph cannot be obtained by other means, and it is being used for educational purposes to illustrate the treatment of macaque monkeys in European and North American laboratories.

[edit] Fair use

U.S. Copyright Law, Title 17, Chapter 1, section 107

§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

File history

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(del) (cur) 17:10, 22 February 2006 . . Thryduulf (Talk | contribs) . . 286×227 (29,378 bytes) (Reverted to earlier revision)
(del) (rev) 22:51, 20 May 2005 . . SlimVirgin (Talk | contribs) . . 286×227 (29,378 bytes) (A macaque alone in a cage in a German laboratory.)