Image:03 iwantoholdyourhand.jpg

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[edit] Summary

This image is a cover of the single "I Want to Hold Your Hand" by The Beatles. Its inclusion on that article and on the b-side song "I Saw Her Standing There" article are is claimed as fair use because:

• It illustrates educational articles about the sound recordings from which the cover illustration was taken.
• The image is used as the primary means of visual identification of the article topics.
• It is a low resolution image.
• The image is only a small portion of the commercial product.
• It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.
• The use of the cover will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original.

The use of the cover illustration is in good faith, and its inclusion enhances the quality of the articles without reducing the commercial value of the recording from which it was drawn.

[edit] Licensing

This image is of a cover of an audio recording, and the copyright for it is most likely owned by either the publisher of the album or the artist(s) which produced the recording or cover artwork in question. It is believed that the use of low-resolution images of such covers solely to illustrate the audio recording in question, 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. See Wikipedia:Non-free content for more information. To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Non-free use rationale guideline, as well as the source of the work and copyright information. For an example fair use rationale, see here.

[edit] Fair use rationale for the article on the audio recording

Fair use rationale for an image of an audio recording cover

• It is believed that the use of this image on the English-language Wikipedia to illustrate an article on the audio recording in question falls under the "Non-profit educational" clause of the Fair Use doctrine currently upheld by United States law. (17 U.S.C. § 107)
• The image is irreplaceable; a free analogue is impossible to produce as the original will be covered by copyright for the foreseeable future.
• Owing to the limited web-resolution of the image, only a small portion of a copyrighted work is used.
• For the same reasons, the portion of the copyrighted work used is of inherently lower quality than the original, reducing the risk of competitiveness and therefore the effects of this copy on the market for or value of versions held by the owner of the copyright.

[edit] Fair use rationale for Pop music

The use of this sleeve or cover of a commercial audio recording constitutes "fair use" under United States copyright Law for the following reasons:

• it illustrates an encyclopedic article on the genre of the recording, of which it is an emblematic example,
• its quality has been significantly reduced, and can not therefore replace the original,
• it is here affixed in the belief that the copyright holder's rights over the original will not be affected in any way,
• there is no alternative uncopyrighted or freely copyrighted sample available of comparable import, and
• it is placed in good faith, in the hope that it will amplify and elevate the recording from which it was drawn.

↔ Dennywuh (talk) 11:29, 27 December 2007 (UTC)

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