Image:SBC sculpture daytime.jpg

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SBC_sculpture_daytime.jpg‎ (800 × 600 pixel, file size: 104 KB, MIME type: image/jpeg)

Cloud Gate, by Anish Kapoor (2004) in Millennium Park Chicago, Illinois
Photograph taken by Dori

[edit] Licensing

The copyright of the sculpture depicted in this photograph is believed to belong to the artist, Anish Kapoor. Its depiction in this derivative work is unlicenced, but its use to illustrate the articles Anish Kapoor, Cloud Gate, and Millennium Park is believed to be fair use under U.S. copyright law:

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) who owns copyright of the original has the exclusive right to authorize derivative works.

Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright.

It is believed that the use of a picture

to illustrate the three-dimensional work of art in question,
to discuss the artistic genre or technique of the work of art
or to discuss the artist or the school to which the artist belongs

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. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement.

To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Image description page, as well as copyright information on the original artwork.

[edit] Rationale for fair use in Anish Kapoor, Cloud Gate, and Millennium Park

I (User:JeremyA) believe that the use of this image to illustrate the sculpture Cloud Gate in these three articles is fair use under U.S. copyright law because:

It is used solely for the purpose of illustrating the sculpture
These articles would be deficient without an illustration of this sculpture
No freely licensed alternative is available for this purpose
The image is of low resolution and so does not diminish the copyright holder's ability to profit from images of this artwork

The uploader/photographer has indicated that those parts of this photograph that are not covered by a third-party copyright may be published under one of the following licences:

I, the author of this work, hereby publish it under the following licenses:

Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.2 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
Subject to disclaimers.

This file is licensed under Creative Commons Attribution 2.0 License.

You may select the license of your choice.

File history

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(del) (cur) 14:48, 13 November 2004 . . Dori (Talk | contribs) . . 800×600 (106,217 bytes) (The SBC sculpture on Millennium Park during the day <br>'''Source''':Dori<br>'''License''':<br>{{GFDL}}<br>{{cc-by-2.0}})