Image:Fontaninicrib.jpg

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Fontaninicrib.jpg‎ (428 × 285 pixels, file size: 24 KB, MIME type: image/jpeg)

I took this photo of my Fontanini crib in January 2007.

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) who owns copyright of the original has the exclusive right to authorize derivative works. Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright. It is believed that the use of a picture to illustrate the three-dimensional work of art in question, to discuss the artistic genre or technique of the work of art or to discuss the artist 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. To the uploader: please add a detailed fair use rationale for each use as well as copyright information on the original artwork.

[edit] Fair use in Fontanini

Though this image is subject to copyright, I believe its use in the Fontanini article is covered by the U.S. fair use laws because:

1. Although the article is called Fontanini, rather than Fontanini figurines or Fontanini nativity sets, the company is notable solely for its production of these figurines and cribs, and not for any events in the lives of the founders.
2. The image illustrates an educational article about these cribs.
3. The image is used as the primary means of visual identification of the article topic.
4. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.

ElinorD (talk) 11:58, 23 June 2007 (UTC)

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