Image:Fluke1.jpg

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Fluke1.jpg‎ (250 × 166 pixels, file size: 12 KB, MIME type: image/jpeg)

[edit] Summary

This image is owned by Fluke and was used as a promotional shot of Fluke on the website of their record label (link).

I (Martin_Hinks) assert that use of this image within the Fluke article on Wikipedia is fair use under US law for the following reasons, numbered as per the criteria at WP:NFCC:

No free image which suitably illustrates Mike Tournier, Mike Bryant, Jon Fugler and Rachel Stewart as Fluke has been found and, given the band's low profile along with their current and, foreseeable, non-existence as a single entity, is ever likely to be found
It was commissioned by Fluke to promote the group and their work and therefore this usage respects the original commercial opportunities of the image
a) The Fluke (band) article uses as little non-free content as is possible and b) Use of the image in low resolution does not harm or prejudice the rights of the copyright owner
The image has already been published online
The image is encyclopedic, allowing identification of the band's members
The image meets the criteria at Wikipedia:Image_use_policy
This image is used in at least one article (Fluke (band)
An image is required in this article as the person's involved would otherwise be unidentifiable and the Fluke article would suffer greatly if no image of the band were featured in the lead
This image is used only in articles, as per WP:NFCC
This description, in conjunction with the copyright tags below, are the rationale for point 10 of WP:NFCC

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 "Fluke (band)" :

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.

[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.

To the uploader: This tag should only be used for images of a person, product, or event that is known to have come from a press kit or similar source, for the purpose of reuse by the media. Please add a detailed fair use rationale as described on Wikipedia:Non-free use rationale guideline, as well as the source of the image and copyright information. Additionally, if the copyright holder has granted permission, please provide further details as to the terms.