Image:CandiceDaly.jpg

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CandiceDaly.jpg‎ (304 × 444 pixels, file size: 52 KB, MIME type: image/jpeg)

source: www.youngandtherestless.com (official site)

[edit] Fair use

This image is being linked here; though the picture is subject to copyright I (Kogsquinge) feel it is covered by the U.S. fair use laws because:

• it is a low resolution promotional image;
• it does not limit the copyright owners rights in any way;
• the image is provided at the design's inception site (www.youngandtherestless.com)

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.

This media was proposed for deletion as a replaceable non-free content. The result was to Keep the image, as no adequate free-licensed image exists or can be created to fulfill the limited role performed by this image at the time deletion was considered. However, this image may be replaceable by free images in other contexts, and in such cases the free image must take precedence. A discussion of this decision may exist on the image talk page.

[edit] For use in the article on the actress

User:Quadell asserts that the limited use of this copyrighted image in Wikipedia articles directly pertaining to it is a fair use of the image, for the following reasons:

• It depicts a deceased person. Therefore no new images of the subject can be created.
• No free-license alternatives are available that convey the same information.
• The image is no larger, and of no higher quality, than required for its use in articles.
• It is used in Wikipedia only for educational purposes and is not used for profit.
• Its use on Wikipedia does not compete with the copyright holder.
• Its use on Wikipedia is not expected to decrease the value of the copyright to its holder.

[edit] For use in the article on the character

User:Quadell asserts that the limited use of this copyrighted image in Wikipedia articles directly pertaining to it is a fair use of the image, for the following reasons:

• It depicts a fictional subject (such as a character) that is copyrighted. It would be impossible to create a replacement image which would not be subject to the original author's copyright.
• The image is only used to illustrate the fictional subject, and not to illustrate a non-fictional but related subject (such as the actor or illustrator).
• The image substantially improves the article it is in.
• The image is no larger, and of no higher quality, than required for its use in articles.
• It is used in Wikipedia only for educational purposes and is not used for profit.
• Its use on Wikipedia does not compete with the copyright holder.
• Its use on Wikipedia is not expected to decrease the value of the copyright to its holder.

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