Image:RobertSpano2007.jpg

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[edit] Summary

Description	Promotional photo of the conductor Robert Spano
Source	Taken from the page "Digital Press Kit" from the subject's public relations firm Kirshbaum Demler & Associates; accessed at the URL http://www.kirshdem.com/artist.php?id=robertspano&aview=dpk on 2007-03-26. Note: this image, displayed on the "dpk" page, is used in preference to the linked image (labeled "Press Photo" - see http://www.kirshdem.com/viewer.php?id=294&type=photo) due to the current image's much smaller file size, as well as its low resolution, which is believed to render it more appropriate for "Fair Use".
Date	c. 2006
Author	Source page is Copyright © Kirshbaum Demler & Associates; Photo Credit: Andrew Eccles (should be credited in caption where displayed)
Permission	{{{Permission}}}

[edit] Licensing

This work is a copyrighted publicity photograph as established by these terms of use. It is believed that the use of some such photographs to illustrate:

the person(s), product, event, or subject in question
where the image is unrepeatable, i.e. a free image could not be created to replace it
on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law.

Other use of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Fair use and Wikipedia:Publicity photos.

Additionally, the copyright holder may have granted permission for use in works such as Wikipedia. However, if they have, this permission likely does not fall under a free license.

Please note that our policy usually considers fair use images of living people that merely show what they look like to be replaceable by free-licensed images and unsuitable for the project. If this is not the case for this image, a rationale should be provided proving that the image provides information beyond simple identification or showing that this image is difficult to replace by a free-licensed equivalent. Commercial third-party reusers of this image should consider whether their use is in violation of the subject's publicity rights.
To the uploader: This tag should only be used for images of a person, product, or event that is known to have come from a press kit or similar source, for the purpose of reuse by the media. Please add a detailed fair use rationale as described on Wikipedia:Image description page, as well as the source of the image and copyright information. Additionally, if the copyright holder has granted permission, please provide further details as to the terms.

[edit] Fair Use Rationale

This image is believed to be subject to copyright. However I believe its use on the English Wikipedia constitutes "Fair Use" under US law and Wikipedia policies because:

The image is taken from the website of the subject's own Public Relations firm, from a page explicitly labeled "Digital Press Kit" (see relevant URL's above under "Summary"), and is offered there, with a "Photo Credit" supplied, for the express purpose of reproduction in the media. As such it would seem to qualify as a "publicity photo" as outlined at Wikipedia:Publicity photos.
The uploaded version of this photo is of a small size and low resolution. It may reasonably be described as a "thumbnail" and is unsuitable for commercial reproduction.
The image is offered solely for educational and informational purposes.
The image is intended for use in the article Robert Spano for purposes of identifying the subject of the article, as he currently (2007) appears.
A reasonable effort has been made to discover a "free-license" equivalent of this image, and no such image was found for which such free-license could be ascertained or documented.

--Turangalila (talk) 23:19, 26 March 2007 (UTC)

This image was uploaded under a fair use rationale, but may fail Wikipedia's first fair use criterion in that it illustrates a subject for which a free image might reasonably be found or created that adequately provides the same information. If you believe that a free replacement image can not be reasonably found or created please add one of the following:

{{Replaceable fair use disputed | Your reason why a free replacement is not available}}

{{Replaceable fair use disputed}}

to this page and give the reasons for your dispute on the talk page.

Possible reasons include the individual being a recluse or the photo being used to illustrate a particular point in the person’s career.

If this image is determined to be replaceable within 48 hours of (26 March 2007) (28 March), the image may be deleted by any administrator.

Questions about this message can be asked at Wikipedia:Media copyright questions.

Do not remove this tag.

It is disputed whether or not this image violates our first fair use criterion.

The reason given is: Please see image talk page

Closing administrator: if the decision is to Keep the image please put {{Rk}} on the image page. If the decision is to Delete please archive the discussion on the talk page between {{Rtd}} and {{Rb}} and delete the image page.

File history

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(del) (cur) 10:09, 26 March 2007 . . Turangalila (Talk | contribs) . . 250×250 (7,963 bytes) ( {{Information| |Description = Promotional photo of the conductor Robert Spano |Source = Taken from the page "Digital Press Kit" from the artist's public relations firm Kirshbaum Demler & Associates; accessed at the URL [http://www.kirshdem.com/artist.p)