Image:Marybruner.jpg

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Marybruner.jpg‎ (270 × 265 pixels, file size: 32 KB, MIME type: image/jpeg)

[edit] Summary

1969 Los Angeles, California mugshot of "Manson Family" member Mary Brunner. Photo taken from Crim/Punishment. Photograph released to the public by the LA Police Department and distributed by the AP. Mugshot.

Photograph constitutes fair use Because of the following:

• Copyright Laws of the United States and Related Laws Contained in Title 17 of the United States Code, which states in Code 107:

107. Limitations on exclusive rights: Fair use.

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Furthermore, according to Wikipedia's own entry for mugshot:

• These photographs are usually considered eligible for republication under fair use doctrines, though the copyrights typically belong to the jurisdictions responsible for taking the photographs. In the United States, a mug shot can be obtained by anyone through the Freedom of Information Act, except for when the arrestee's record has been sealed.

The mugshot image of Mary Brunner is being used for a nonprofit, educational manner. The photograph is being used to illustrate the article Mary Brunner on Wikipedia, and as such is being used in a manner that is inherently for educational or research purposes only. The mugshot photograph does not seem to devaluate a potential market for the photograph, considering the LAPD is not in the habit of "selling" mugshots. Mary Brunner is a convicted felon and this mugshot was released to the American press at the time of her arrest for mass production by the press. Brunner's criminal record has not been sealed.

[edit] Licensing

This image is a booking photo, more commonly known as a mug shot, normally produced in the regular operations of a law enforcement agency or correctional facility. It is believed that the use of this photograph to illustrate the booking consistent with non-free content criteria, where no free alternative exists or could be created, 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. Other use of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content. To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Image description page, as well as the source of the work.

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