Image:Snapshot200604292346073on.jpg

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Snapshot200604292346073on.jpg‎ (544 × 416 pixels, file size: 40 KB, MIME type: image/jpeg)

[edit] Summary

Stephen Colbert at the 2006 White House Correspondents' Dinner. Source

Fair use rationale:

The use of this image on Wikipedia is believed to be subject to fair use, due to the following facts in relation to the four factors defined by the federal copyright statute for evaluating fair use (17 U.S.C. 107), which are as follows:

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.

Concerning the use of this image with relation to the above statutory factors for fair use:

1. the use of the image is of a non-commercial nature, for nonprofit educational purposes; neither Wikipedia nor any of its editors derives any commercial benefit or profit from the use, and its use furthers Wikipedia's efforts to educate the public on a matter of widely circulated critical commentary on political and social institutions, recognized as high-value speech under the First Amendment;
2. the nature of the copyrighted work is a television program, available in the U.S. and Canada on basic cable television, and anywhere on iTunes;
3. the portion of the copyrighted work used is a single still frame from a program of approximately 22 minutes, thereby constituting only a fraction of .01% of the entirety of the video aspect of the work, an infinitessimal amount that is valuable for informing others of the nature of the work; and
4. as a still frame from a television program, the likely value of the image as a substitute for the original is negligible, while the image and the context in which it is used is substantially likely to draw and stimulate interest in the original work, thereby enhancing the potential market for or value of the copyrighted work.

Evaluated in light of the factors governing fair use defined by United States copyright law, the evidence is apparently consistent with the use of this still image for articles on Wikipedia related to The Colbert Report constituting fair use.

Disclaimer: Although this opinion of fair use was written by a Wikipedia editor who happens to be an intellectual property attorney, it was done so only in the editor's capacity as a Wikipedia volunteer offering a generalized personal opinion, and does not constitute legal advice provided to Wikipedia, its other editors, or any individual entity. If you require legal advice, please seek counsel directed to your specific legal needs by an attorney at law admitted in your jurisdiction.

- Reaverdrop (talk/nl/w:s) 10:42, 17 June 2006 (UTC)

[edit] Fair use rationale for use in the article, Stephen Colbert

1. This is a low-resolution screenshot from a CSPAN broadcast;
2. No free or public domain images have been located for this purpose. While public domain images may exist for the subject of the article, none has been located that adequately illustrates the point in the subject's career that is discussed in the accompanying text;
3. Given that the event has already happened, it is no longer possible to create a new free image to depict the event;
4. The screenshot does not limit the copyright owners' rights to distribute the television program in any way, and;
5. The screenshot is being used for informational purposes only, and its use is not believed to detract from the original television program in any way.

[edit] Licensing

This image is a screenshot of a copyrighted television program or station ID. As such, the copyright for it is most likely owned by the company or corporation that produced it. It is believed that the use of a limited number of web-resolution screenshots for identification and critical commentary on the station ID or program and its contents 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 uses of this image, on Wikipedia or elsewhere, might be copyright infringement. For more information, see Wikipedia:Non-free content. To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Non-free use rationale guideline, as well as the source of the work and copyright information.

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