Image:To Live and Die in L.A. album art.JPG

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To_Live_and_Die_in_L.A._album_art.JPG‎ (200 × 200 pixels, file size: 7 KB, MIME type: image/jpeg)

[edit] Summary

Cover of Wang Chung's 1985 album, To Live and Die in L.A. (album art acquired from iTunes).

[edit] Fair use in To Live and Die in L.A.

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It illustrates educational articles about the album from which the cover illustration was taken.
2. The image is used as the primary means of visual identification of the article topic.
3. The use of the cover will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original. In particular, copies of the image could not be used to make illegal copies of the album artwork on another CD.
4. It is a low resolution image.
5. The image is only a small portion of the commercial product.
6. The image on the cover is significant because it was made by a famous English pop duo, Wang Chung.
7. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.

[edit] Fair use rationale for use in article To Live and Die in L.A. (film)

Although this image is subject to copyright, its use is covered by the U.S. fair use laws because:

• This image is being used to illustrate the article of the movie in question and is used for informational purposes only.
• This image is a low resolution of the album cover.
• Because of the low resolution, image could not be used to make illegal copies for sale.
• The image has been published outside Wikipedia; see source above.
• It is believed that this image will not devalue the ability of the copyright holder to profit from the original work. In fact, it may encourage sales.
• As such, the image does not in any way limit the ability of the copyright owners to market or sell their product.
• The image is itself a subject of discussion and used for critical commentary in the article.
• Image is needed for educational purposes in relation to the subject it is discussing and to identify the film in cinematic history.
• Image used for critical commentary, reporting, and/or teaching qualifies as Fair Use.

[edit] Significance of image for use in the article

• Image is significant because it was used to promote a notable 1985 neo-noir film, directed by an award winning filmmaker--William Friedken.
• The image of the album cover is used as the primary means of visual identification of the "original motion picture soundtrack" in the To Live and Die in L.A. (film) article.

[edit] Re Source

Derived from a digital capture of the album and/or CD cover. Creator of this digital version is irrelevant as the copyright in all equivalent images is still held by the same party. Copyright held by the film company or the artist. Claimed as fair use regardless.

[edit] Licensing

This image is of a cover of an audio recording, and the copyright for it is most likely owned by either the publisher of the album or the artist(s) which produced the recording or cover artwork in question. It is believed that the use of low-resolution images of such covers solely to illustrate the audio recording in question, 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, may be copyright infringement. See Wikipedia:Non-free content for more information. 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. For an example fair use rationale, see here.

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