Image:New Radicals Gregg Alexander.jpg

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New_Radicals_Gregg_Alexander.jpg‎ (250 × 315 pixels, file size: 18 KB, MIME type: image/jpeg)

This media was proposed for deletion as a replaceable non-free content. The result was to Keep the image, as no adequate free-licensed image exists or can be created to fulfill the limited role performed by this image at the time deletion was considered. However, this image may be replaceable by free images in other contexts, and in such cases the free image must take precedence. A discussion of this decision may exist on the image talk page.

[edit] Summary

Promotional photo of the New Radicals' Gregg Alexander. Photo taken by Jill Greenberg. Source: http://www.manipulator.com. © MCA Records, Inc.

[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.

[edit] Fair use for New Radicals

The image linked here is claimed to be used under fair use because:

It is only used for nonprofit educational purposes, to illustrate the band New Radicals.
The image was released by the copyright holder to promote the band.
The image is only of a low resolution, and therefore subsequent copies would be of inferior quality.
Due to the image's low resolution and the resulting lack of detail, its inclusion does not lessen its commercial value.

File history

Click on a date/time to view the file as it appeared at that time.

	Date/Time	Dimensions	User	Comment
current	17:25, 19 February 2006	250×315 (18 KB)	Fritz Saalfeld (Talk \| contribs)	(smaller version to better justify fair use)