Image:Schwitters.jpg

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This is an image of the artist Kurt Schwitters taken in London, 1944, by his son Ernst. The image's copyright is owned by the artist's son, Ernst Schwitters, and has been taken from the book Kurt Schwitters published by the Cntre Georges Pompidou, 1994.

[edit] Fair use rationale in Kurt Schwitters

This low resolution image of Kurt Schwitters is used in Kurt Schwitters, an article about the artist and his work. He is an historic artist and this image adds value and information to the articles. This is a well-known picture of the artist. It is considered that this will not cause commercial harm to the copyright holder. It is believed that this is fair use and does not infringe copyright. There is no known free alternative available. 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, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.[1] The image is used for non-profit purposes. This factor is noted as relevant by the Act.

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.

The image, taken by his son, was of a performance of the Ursonata, and has been widely distributed since for promotional purposes.

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