Image:Pixies.jpg

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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

Description	The Pixies band members early in the career. From left to right: Black Francis (vocalist, rhythm guitarist), Kim Deal (bassist, vocalist), David Lovering (drums), Joey Santiago (lead guitarist).
Source	aleceiffel.free.fr
Date	c. 1990
Author	Rough Trade
Permission (Reusing this image)	Fair use. See Licensing and fair use rationale

[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 rationale

The image is a publicity still intended for wide distribution.
The image is of lower resolution than the original photograph (copies made from it will be of inferior quality).
The image does not limit the copyright owners' rights to distribute the photograph or the film in any way.
The image is being used for informational purposes only, and its use is not believed to detract from the original photograph or film in any way.

According to Section 107 of the United States Copyright Act of 1976:

"The fair use of a copyrighted work...for purposes such as criticism, comment,...scholarship...is not an infringement of copyright." [1]

The image is used for non-profit purposes. This factor is noted as relevant by the Act.