Image:Maina-cast.jpg

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Maina-cast.jpg‎ (368 × 298 pixels, file size: 30 KB, MIME type: image/jpeg)

[edit] Summary

Telemundo publicity cast photo for "Marina" TV series.

[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.

[edit] Fair use in Marina (Telemundo TV series)

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

1. It is a low resolution copy of a publicity cast photo.
2. It does not limit the copyright owner's rights to sell the TV series or said image.
3. The image is significant for the article as it shows visual from series.
4. The image is irreplaceable as series is produced in Mexico; the image is unrepeatable.
5. No free or public domain images have been located of this person or from this series.
6. Image is a promotional photograph, intended for wide distribution as publicity for the network.
7. Subject is a performer from a non-English-speaking nation, which makes acquisition of a free image difficult or impossible.
8. Such photos are distributed for reuse by the media with implicit license for their use in discussing the subject that is being promoted.
9. Image is of considerably lower resolution than the original, and is used for informational purposes only. Its use does not detract from either the original photograph, or from the network itself.
10. Image is used solely for the identification of the subject.
11. The further use of this image on Wikipedia is not believed to disadvantage the copyright holder in any way.
12. This is an historical photograph.

This was specifically created to promote an upcoming TV series. Industry standard is that such images may be used for commercial purposes in illustration. This is an image that is useful and has no available free substitute. Fair use images can be distributed freely. Yakuman (数え役満) 06:28, 2 April 2007 (UTC)

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