Image:Ch1930.jpg

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The Comedian Harmonists (from left: Robert Biberti, Erich Collin, Erwin Bootz, Roman Cycowski, Harry Frommermann, Ari Leschnikoff)

[edit] Fair use rationale for Comedian Harmonists

This is a ubiquitous photograph found on everything from Harmonist advertisements to vinyl record covers and CD cases. Admittedly, all such instances obviously did not have merely the photograph but also had text surrounding it. Therefore, this is either derived from one of the aforementioned sources or is the base image that was used in them. Pure, free-license photographs of the group seem impossible to find.

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.