Image:Amyphoto.jpg

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1 Non-free use criteria / Fair use rationale
2 Other non-free / fair use information (Q&A)
3 Source
4 Licensing

[edit] Non-free use criteria / Fair use rationale

Non-free / fair use media rationale for Amy Mihaljevic
Description	Amy Mihaljevic 1989 class photo; a 5th grade schoolgirl who was a victim in a well-known 1989 U.S. kidnap/murder case.
Source	Copyright owner, Ohio School Pictures, Berea, Ohio. Copyright owner has provided express written permission for Wikipedia to use this picture on the Amy Mihaljevic Wikipedia article (7 August 2007). Copy of permission on image talk page. Whereas "permission granted" may not have formal status on Wikipedia, it bears note that 18 years of free use of this photograph by TV and print media and literary publication of the photo represented free use which had far less protection that that of Wikipedia; Wikipedia having received the gift of written release/permission to free usage. This strengthens the employment of free use status under the Wikipedia non-free / fair use content standard.
Article	Amy Mihaljevic
Portion used	Image size reduced to 11% of original (12.5kb from 146 kb)
Low resolution?	YES, below 0.1Mb (size 12.5kb) meets Wikipedia guidelines for low resolution definition. Pixel count reduced to 5% of original (65.7k from 1.3 million). Specific details: Current photo: DPI: 72 x 72; Pixels: 225 x 292 (65700), Size 12.5 kilobytes; Original photo: DPI: 200 x 200. Pixels: 966 x 1253; (1210398); Size 146 kilobytes.
Purpose of use	Principal reason for retaining this non-free content photograph. SIGNIFICANCE per Wikipedia:Non-free content criteria#8, Non-free content is used only if its presence would significantly increase readers' understanding of the topic, and its omission would be detrimental to that understanding. Non-free media files are not used if they can be replaced by text that serves a similar function. The photo is the most widely known, and widely published image of the girl, in the context of the 1989 kidnap/murder. Historically important photograph, distributed by the FBI and volunteers across U.S. and other countries, immediately following Oct 89 abduction. Picture may also help in resolution of crime. Photo is present to add depth and timbre to biography of girl and story of kidnap/murder. In general, articles concerning a human being are more interesting with a photograph. Wikipedia has been given permission, and extensive prior publication under free use has transpired.
Replaceable?	No. There is no photo available on the GFDL for this girl. Copyright owner has provided Wikipedia with written permission to use the photograph to describe this article, at no cost. Not appropriate/respectful to ask family for another photo of deceased/murdered child for GFDL.
Other information	Case was featured by John Walsh on TV crime show Americas most wanted in early 1990s; this photo was probably displayed as a part of the Americas most wanted program storyline. Case remains open to present day. Suspects continue to be monitored. Media attention still focused on apprehension of perpetrator. Prior free use publication: Heavily used as principal photo of victim by: Fox news, CBS, NBC, various local Cleveland news stations and newspapers; Photo featured on cover of book "Amy: My Search for her Killer" authored by James Renner in 2006, using "free use rights"; unlicenced use.

[edit] Other non-free / fair use information (Q&A)

Q: What proportion of the copyrighted work is used and to what degree does it compete with the copyright holder's usage?

A: Proportion of material used: Image size (12.5 kb) is a 11% of original 146 kb meets Wikipedia guidelines for low resolution definition); Pixel count reduced to 5% of original. Current photo: Pixels: 225 x 292 (65700), Original photo: Pixels: 966 x 1253; (1210398); .

A: Competition with copyright holder usage: Copyright holder's usage is nil, hence competition factor nil. Copyright holder has never exerted licencing rights beyond original sale of photos to parents in 1989. Copyright holder has allowed free use of photo for past 18 years, by media, police and FBI, for almost 18 years. Copyright holder has provided written permission to Wikipedia; written permission is viewable on the lower part of this page.

Q: If applicable, has the resolution been reduced from the original? In the case of music samples, has the quality been reduced from the original?

A: YES - Low resolution, below 0.1Mb (size 12.5kb). Satisfies Wikipedia guidelines for low resolution definition. DPI reduced by factor of 3.5. Current photo: DPI is 72 x 72; Original photo:DPI is 200 x 200.

Q: Is the image a logo, photograph, or box art for the main subject of the article?

A:Yes. It is the picture taken days before the girl's kidnapping, and is the most widely known photo which was distributed by police and FBI following her disappearance, and later in context of pursuit of her murderer.

Q: Is the image being used as the primary means of visual identification of the subject or topic? (e.g., a corporate logo or the box art of a DVD)

A: Yes. The picture is still frequently used (as free use material) by the media, police and others with a view towards contextualizing her murder historically, as well as to facilitate the apprehension of her killer. This is most evident in the use of the picture on the front cover of the book concerning her case:

Q: Does Wikipedia use of the media interfere with the media's original purpose?

A: No. Original purpose of picture for copyright holder was to garner rents from parents for purchase of additional prints. Pending her abduction/murder, for 18 years, principal use has defaulted to use as a tool in investigation and in historical rendition of story. This 18 year principal use of photo has been 100% free use driven.

Q: Can you provide any other information that justifies the current use of this non-free media?

A: Extensive prior and ongoing free use photo use (singularly free use, and lacking even the permission Wikipedia possesses): Heavily used as principal photo of victim by: Fox news, CBS, NBC, various local Cleveland news stations and newspapers; Photo featured on cover of book "Amy: My Search for her Killer" authored by James Renner in 2006, using "free use rights"; unlicenced use.

A: After all is said and done, many Wikipedia articles and biographies utilize well-documented fair use pictures, without issue, notwithstanding the idealization of free material. One can always argue that a bio doesn’t need a picture, but to tell a story about a person, or describe their biography, a photo is worth a thousand words…

[edit] Source

[edit] Licensing

This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the article "Amy Mihaljevic" :

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

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 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 non-free use rationale.

In addition to the fair-use assertion shown on this page, the copyright holder has granted permission for this image to be used in Wikipedia. This permission does not extend to third parties.
This tag must be used in conjunction with another fair-use image tag. If no other tag is present on this page, and this image was uploaded after May 19, 2005, please speedily delete this image or tag it with {{db-i3}}.

File history

Click on a date/time to view the file as it appeared at that time.

	Date/Time	Dimensions	User	Comment
current	03:36, 9 August 2007	225×292 (12 KB)	BlueSapphires (Talk \| contribs)	(Reverted to earlier revision)
	19:35, 8 August 2007	225×292 (12 KB)	Videmus Omnia (Talk \| contribs)	(Reverted to earlier revision)