Image:Daniel faulkner.jpg

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Daniel_faulkner.jpg‎ (100 × 125 pixels, file size: 4 KB, MIME type: image/jpeg)

[edit] Summary

http://www.odmp.org/officer.php?oid=4764

[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.

[edit] Fair use in Mumia Abu-Jamal, Commonwealth of Pennsylvania v. Mumia Abu-Jamal and Daniel Faulkner

Though this image may be subject to copyright, its use is covered by the U.S. fair use laws because:

1. It illustrates an educational article about an individual who was convicted of the first-degree murder of the person portrayed and whose primary claim for notability is tied to the same.
2. The image is used as the primary means of visual identification of the person portrayed at the first sub-lead occurrence of his name in the article.
3. It is a low resolution image, and thus not suitable for production of counterfeit goods.
4. The image is not used in such a way that a reader would be confused into believing that the article is written or authorized by the owner of the image.
5. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.
6. The placement of the image fulfils the copyright owner's promotional purpose of 'humanising' and to some extent memorialising the deceased person portrayed in the context of providing encyclopedic coverage to the circumstances of his death and the biographical story of his murderer.

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