Image:Leibovitz-DemiMoore-VanityFair-150px.gif
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[edit] Summary
The photograph is by Annie Leibovitz and was the cover of an issue of Vanity Fair. It was parodied by Paramount Pictures in an ad campaign, and was the subject of litigation which found the parody to be fair use (Leibovitz v. Paramount Pictures Corp., 2d Cir.). This photograph is a very low-resolution thumbnail (72dpi, only 150px wide) and a very grainy copy of the original.
No completely accurate "licensing" choice was available below. "Magazine cover" is technically accurate in some sense (this photo was used as the cover for an issue of Vanity Fair) but the better choice would be "subject of litigation". However, the magazine cover rationale is helpful to understand the fair use rationale for this picture. The "magazine cover" rationale states that a magazine cover can only be used in the article about the magazine, relying on the idea that the use of a photograph of a product to illustrate the product is a fair use. Similarly, this photo is uploaded to illustrate the article about Leibovitz v. Paramount Pictures Corp., a copyright case about this particular photograph (and the Nielsen photograph). This is an even stronger fair use claim than a claim for any particular magazine cover, since this photograph is the immediate subject of the Leibovitz v. Paramount Pictures Corp. article, whereas no single magazine cover is the particular topic of an article about the magazine.
The photo is critical for use in the article about the case, and as such both the article and the photo will also add substantially to wikipedia's information on fair use jurisprudence. Fair use cases are often based on videos, audios, lengthy text, or other media that are not easily compared in wikipedia articles -- for example, Campbell v. Acuff-Rose, Suntrust Bank v. Houghton Mifflin -- but the photographs here well illustrate the subject of "parody" as fair use. They would be appropriate both for use in the specific case and in the article on fair use in the parody section.
[edit] Licensing
This image is of a magazine cover, and the copyright for it is most likely owned by either the publisher of the magazine or the individual contributors who worked on the cover depicted. It is believed that the use of low-resolution images of magazine covers
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 well as the source of the work and copyright information. |
File history
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Date/Time | Dimensions | User | Comment | |
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current | 04:18, 2 October 2007 | 150×267 (13 KB) | Lquilter (Talk | contribs) | (The photograph is by Annie Leibovitz and was the cover of an issue of ''Vanity Fair''. It was parodied by Paramount Pictures in an ad campaign, and was the subject of litigation which found the parody to be fair use. This photograph is a v) |
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