Image:FallenMadonna.jpg

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[edit] Summary

[edit] Fair use rationale for The Fallen Madonna

• Source:This image is a photograph taken by myself of the painting "Fallen Madonna" which is exhibited in Longleat and owned by The Marquess of Bath. The author of the painting itself is unknown, although it is presumed that the copyright is owned by the BBC.
• Rationale:This image cannot be replaced by a free image, as no such image can exist since it was originally produced for illustrative, rather than commercial purposes. In that sense, since the image was never used as a visual within the television series in which it was addressed, there can be no commercial detriment to the copyright holder since there has never been an issue of commercial use of this image.
• Purpose:In the associated television series, Allo, Allo, this painting was an equivalent to Alfred Hitchcock's McGuffin, in that it provided opportunities for comedic reference. It is used in the article to illustrate that, in fact, there is nothing special about the painting to justify the efforts expended by its pursuers.
• Portion Used:The whole, as no lesser portion would suffice to convey the nature of the image; in addition, the photograph shows it in situ to demonstrate its ownership.
• Quality:It is essentially a tourist photograph which would be unsuitable for the purposes of commercial violation, even if such a use were considered viable.

[edit] Licensing

This image is of a drawing, painting, print, or other two-dimensional work of art, and the copyright for it is most likely owned by either the artist who produced the image, the person who commissioned the work, or the heirs thereof. It is believed that the use of low-resolution images of works of art for critical commentary on the work in question, the artistic genre or technique of the work of art or the school to which the artist belongs 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 uses of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Non-free content for more information. To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Image description page, as well as the source of the work and copyright information.

This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the article "The Fallen Madonna" : To illustrate the subject in question Where no free equivalent is available or could be created that would adequately give the same information On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation ([1]), qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights. To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

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