Image talk:ZBWE1.jpg

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[edit] Fair use status of image

Hmmm, that's an interesting one. It's a high class image, that's for certain. The image has certain unique characteristics in terms of content (it would be damned hard to reproduce an image of a woman with a gun and a baby) but also in terms of style (it happens to be a very good photo).

Part of the key to understanding fair use is the need for it to be "transformative" - very handy for film posters for instance (which are in theory "transformed" from being pieces of advertising into an image offered for study to complement an article on the subject) and very bad for reusing textbook illustrations (not transformed at all). The failure to transform the use of an image is often at play with news-type photographs as well. Here, I'm not sure. The image would make sense as fair use in an article about the photographer - for displaying the photograph's style.

One problem with using it in the Zimbabwean whites article is that it doesn't quite capture a "unique historical event" and neither does the image seem to be so remarkable as to be the "iconic" image of a Zimbabwean white. The fact that an image is hard to reproduce tends to suggest that fair use is more likely to be valid, but on the flip side, if it's impossible to reproduce simply because it's very good then that might not hold true... it's obviously so good that it is a potentially valuable piece of work, which fair use law tends to protect.

I guess my biggest reservation is that maybe the photograph is "too good" - perhaps the photograph itself dominates over the subject? I couldn't help feeling from looking at it that it was telling me more about the photographer than about the subject of the photograph, and certainly told me more about the photographer than about Zimbabwean whites in general. It's an interesting one and I'm not sure quite what to think. Try posting on Wikipedia:Fair use review - they're normally pretty helpful. Hope that helps! TheGrappler 23:11, 24 July 2006 (UTC)

[edit] Attempt to obtain permission for use

I have e-mailed the library that handles Mary Ellen's work as follows :

QUOTE

Mary Ellen

I refer to your photograph as shown on the Wikipedia database as follows :

http://en.wikipedia.org/wiki/Image:ZBWE1.jpg

I am minded to include this image as the leading item in the article titled Whites in Zimbabwe as follows :

http://en.wikipedia.org/wiki/Whites_in_Zimbabwe

As indicated in the database site, the image is considered to be Fair Use given the nature of the article. Do you have any problem with this?.

regards

Bob Scarlett

UNQUOTE

Response received :

QUOTE

Hi Bob, Unfortunately, I cannot grant permission for use of this photo as specified. Even though it seems that there is a link to the text of the original article, I feel that the image may be misrepresentative of the topic and do not feel comfortable granting permission. I hope you understand my concerns. Best, Meredith

Meredith Lue, Falkland Road Inc., Mary Ellen Mark Library/Studio, 37 Greene Street, 4th floor, New York, NY 10013, tel: 212-925-2770

UNQUOTE

Although permission has been refused, such permission may not necessarily be required. A debatable case. BScar23625 15:39, 8 August 2006 (UTC)

[edit] Copyright situation

It was judged that this image would not be fair use on Whites in Zimbabwe, but it would be fair use on Mary Ellen Mark. There it rests. Bob BScar23625 08:52, 26 August 2006 (UTC)