Image talk:Exit poll small florida.jpg

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Netoholic reverted this image description page from a tag of ((fairuse)) to a tag of ((unverified)), saying in the edit summary: "can't claim fair use without citing the source". However I recently learned that citing the source is not necessary for making a fair use claim in the U.S. (It is necessary for making a fair dealing claim in Australia, but the Wikipedia servers reside in the U.S. and are only bound by U.S. law.)

I assert that this is a fair use of the image, and, based on the factors given in U.S. law[1], I justify my assertion thus:

  1. The purpose and character of the use: the use is for informational use only, and not for profit.
  2. The nature of the copyrighted work: the work is a simple chart based on publicly available information. The only copyrightable aspects are color, placement, etc.
  3. The amount and quality of the material used: it is a small graph, and of very low image quality.
  4. The effect of the use upon the potential market for or value of the copyrighted work: none.

Based on this, I think a fair use claim is appropriate. – Quadell (talk) (sleuth) 21:41, Feb 11, 2005 (UTC)


The fair use tags says it is copyrighted, but falls under fair use.... how can one say it is copyrighted without citing its source? -- Netoholic @ 21:57, 2005 Feb 11 (UTC)

Read before you write. see below. Kevin Baastalk 22:23, 2005 Feb 11 (UTC)

[edit] From uploader

This image is cut off from a larger image uploaded to wiki, and should therefoer be under the same license.

The source image is "Image:Exit_poll_small.jpg", and is used here, with the text:

Supporting the same conclusions of the maps above, here are bar graphs indicating the differentials between Exit Polls and Machine Tallies for nine e-voting and paper ballot states. The discrepancies appear to affect the e-voting states to a significantly greater degree than they affect the Paper Ballot states.
Source and background discussion are listed here:
http://www.bradblog.com/archives/00000893.htm
Source data and analysis:
http://ustogether.org/Florida_Election.htm
http://ustogether.org/election04/mitteldorf/Liddle.htm
Corroborating data and analysis for download: :Steve Freeman research, ZIP format

The source image is listed as fair use, and this image, by origin, inherits this property. Kevin Baastalk 21:52, 2005 Feb 11 (UTC)