Image:FirstPullUpThenPullDown.jpg

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FirstPullUpThenPullDown.jpg‎ (200 × 200 pixels, file size: 23 KB, MIME type: image/jpeg)

[edit] Summary

Image from fan-page at http://www1.odn.ne.jp/~cak38700/Tuna/FirstPullUp.htm. Original copyright RCA.

[edit] Fair Use in First Pull Up, Then Pull Down

1. It's a low resolution copy of a CD/album cover.
2. It doesn't limit the copyright owner's rights to sell the CD/album in any way, in fact, it may encourage sales.
3. Because of the low resolution, copies could not be used to make illegal copies of the album artwork on another CD.
4. The image is itself a subject of discussion in the article or used in the infobox thereof.
5. The image on the cover is significant because it was made by a famous artist, Hot Tuna.
6. Derived from a digital capture (scan/photo) of the album/CD cover (creator of this digital version is irrelevant as the copyright in all equivalent images is still held by the same party). Copyright held by the record company or the artist. Claimed as fair use regardless.

This DOES hold up under the 10 criteria for non-free content:

1. No free equivalent
2. Respect for Commercial Opportunities -- it is the same image as used in vendor's sales catalogs and will encourage sales.
3. Minimal use -- used only in the article on said album
4. Published on a fan web-site which was referenced in the original upload
5. Content is encyclopedic - references the album in the article
6. Falls under fair-use - copyright RCA, image used by others to showcase album
7. Used in one-article on said album
8. Significant to the article itself -- it is the image of the subject being discussed in the article.
9. Located only in the article itself
10. Source of image and copyright noted

[edit] Licensing

This image is of a cover of an audio recording, and the copyright for it is most likely owned by either the publisher of the album or the artist(s) which produced the recording or cover artwork in question. It is believed that the use of low-resolution images of such covers solely to illustrate the audio recording in question, 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, may 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:Non-free use rationale guideline, as well as the source of the work and copyright information. For an example fair use rationale, see here.

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