Image:Bandpic3.jpg

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[edit] Summary

Promotional image, © 1991 Dischord Records, Southern Records. Source: link

Rationale for "fair use" in the article Autoclave (band) :

This image is used for the purposes of criticism and comment on the rock band Autoclave.

According to section 107 of the United States Copyright Act of 1976:

The fair use of a copyrighted work...for purposes such as criticism, comment,...scholarship...is not an infringement of copyright.  [1]

The image is of considerably lower resolution than the original and it is used for non-profit purposes. These two factors are noted as relevant by the Act.

[edit] Licensing

This is a copyrighted image that has been released by a company or organization to promote their work or product in the media, such as advertising material or a promotional photo in a press kit. The copyright for it is most likely owned by the company who created the promotional item or the artist who produced the item in question; you must provide evidence of such ownership. Lack of such evidence is grounds for deletion. It is believed that the use of some images of promotional material 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. Any other usage of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Non-free content 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.

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