Image:Todaypromo.jpg

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Todaypromo.jpg‎ (393 × 455 pixels, file size: 158 KB, MIME type: image/jpeg)

[edit] Summary

This is a promo picture for the music video for "Today", obtained from flickr, and edited slightly. Even though the image description page there states "all rights reserved", there is no evidence to suggest that the source, in fact, holds the rights to it. The most likely owner of the copyright is Virgin Records, the label under which the single "Today" was released.

[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 in Today (Smashing Pumpkins song)

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

1. it is a promotional photograph of the band at the time that the song's music video was released;
2. it is of much lower resolution than the original (copies made from it will be of substantially inferior quality);
3. the image is being used only for informational purposes;
4. its inclusion adds significantly to the article because it illustrates (a) the music video of the subject of the article (b) the importance of the music video to the band's success, and (c) the importance of the relevant song (the band's first major hit single); and
5. the image is IRREPLACEABLE for the purpose it is used (to portray the music video for the song).

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